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Maryland Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I keep seeing "Sheriffs Return" on my criminal dockets involving an open case. What does that mean?

I haven't received any paperwork from my local sheriff's department, but there have been 4 new "Sheriffs Returns" documents on my case since March of 2021.

& I have a tracking number for DNA that was collected. When I use the tracking number to see if it has been... Read more »

Mark Oakley
Mark Oakley answered on Mar 10, 2021

If you have a lawyer, ask him or her since that's what they are for, and stop posting on a public forum that may result in you incriminating yourself. If you do not have a lawyer, hire one (or apply to the Public Defender if you qualify). Your lawyer can obtain all such information through... Read more »

1 Answer | Asked in Federal Crimes for Maryland on
Q: In reference to a previous question regarding crimes being committed more than 15 years old. Is it 15 years since

the guilty conviction, or 15 years since completion of the sentence?

Another question, If I have a PACER account; will I be able to access any court documents that are posted on case-search? For example, A "Sherrif's Return" document?

What does "Sheriff Return" mean?

Mark Oakley
Mark Oakley answered on Feb 6, 2021

PACER only provides access to federal court dockets. For Maryland court records, you cannot access any actual court documents through the online Judiciary Case Search System. For Internet access to pleadings in Maryland, you need to register with Maryland Court E-File... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Maryland on
Q: I read all that, but I am looking for a clear definition of "organized militia"

I read this, but request definition clarification, please:

§ 13-214. Prohibitions

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... Read more »

Mark Oakley
Mark Oakley answered on Dec 8, 2020

Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland on
Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

Mark Oakley
Mark Oakley answered on Nov 11, 2020

A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has... Read more »

2 Answers | Asked in Civil Rights, Federal Crimes, Intellectual Property and Social Security for Maryland on
Q: I received an email about because I got a notice of le a legal proceeding should I take it seriously

Case File : PS0103019

Court House Address- -United States District Court 500 Pearl Street, New York, NY 10007.

Lawsuit Cost - $4526.65(Including Attorney Fee/Court Fee/All Taxes)

Last Date to File Lawsuit - July 28th 2020.

Attorney Name- Paul Smith (Sr. Attorney in... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

It's a scam. Ignore it.

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2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Am I obligated by law to attend an 'additional' meeting after a park ranger has already detained me and let me go

Hello, a park ranger had detained me for metal detecting in a national park. He never read me my Miranda rights and forgot to make me sign one of the citations he gave me, but made me sign the other. He let me go, and 2 weeks later, he calls me and asks to meet with me in person to get more... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 2, 2020

You never are obligated to discuss matters with government officials where there is a risk of criminal sanction for you. Even if you are arrested for this offense, you do not have to talk, or should you choose talk, you may elect to do so only with a lawyer present, and terminate any conversation... Read more »

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2 Answers | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Maryland on
Q: If i live with someone who owns dogs separately, & arent related can i be charged with neglect if they arent mine?

If i live with someone but have no affiliation with them other than being a general tenant in the home of which i pay rent, and the co owner also lives there too, am i responsible for their animals also, in a legal aspect?

What about the other partial co-owner of the home, would they be... Read more »

Mark Oakley
Mark Oakley answered on May 13, 2020

Depends on the scenario. If you are one of the co-owners/landlords of the property, and the tenant owns the dogs, and they are renting a room in the property and have access to other common areas like the kitchen, then the owners of the property can likely get charged because they live in and have... Read more »

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3 Answers | Asked in Banking, Criminal Law and Federal Crimes for Maryland on
Q: can I get charged for committing fraud I didn’t know was happening? Can I put this back on the bank? And my boss?

I got a new job, it’s been done through email so far, seems silly I know but I’m 18 and naive as heck apparently anyways, I get sent a check, I tell the bank lady what I thought it was for, the deposit it, my boss tells to go to Walmart and get money orders and send them else where. Later the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 9, 2020

This is actually a pretty common and well-known scam. If you're charged you should immediately hire an experienced criminal defense attorney. Don't make any additional posts about the situation online.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can they charged me a storage fee?

A relative was using my camper/rv to stay in for a little while with his girlfriend. The camper/rv has been parked on a friends property for about 3 months now. My relative got arrested a few nights ago and I am trying to get my camper/rv off his property as soon as possible, but they are saying... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You’re going to need to file a complaint for replevin, and I recommend you use a lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Maryland on
Q: Can speed cameras be used to charge someone with reckless driving in Maryland?

The Maryland government website says there’s a flat fee of $40 for anyone caught by a speed camera driving 12mph or more over the limit. My sister (a VA driver, if that matters) believes she may have been going 25mph over. Completely on accident — was distracted and didn’t realize she’d... Read more »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

No. Speed cameras can only issue citations for speed, and in any event, speed alone (unlike in VA and DC and some other states) cannot be he sole basis for charging reckless driving in Maryland. FYI, payment of the fine does not result in points and cannot be considered by an insurance company in... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I am being blackmailed for private photos of myself in exchange for 650$ what do I do? They are from another country
Gary Kollin
Gary Kollin answered on Jul 1, 2019

Pay them and hope it works

Or

Do nothing and hope nothing hapoens.

Then learn a lesson about sending photos over the internet

Or claim they are photoshopped

1 Answer | Asked in Federal Crimes for Maryland on
Q: Is md code 1-202 a felony or misdemeanor
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 19, 2019

Maryland annotated code is broken down into many "articles." Each of the articles is numbered (starting with 1-101, 1-102, etc.) Because there are dozens of different code sections labeled "1-202", you might want to re-post to clarify what article of the code you are talking about.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: This is regarding a federal agency being hacked.

I am a consultant for a legal firm representing the complaintive agency in one case against suspect foreign cyber Security Company. I represent the same suspect foreign cybersecurity company in a case against the U.S. cybersecurity company. Can I legally represent both companies? If Not what laws... Read more »

Joseph D. Allen
Joseph D. Allen answered on May 16, 2019

Criminal liability in a situation like this might result from defrauding one of the parties- e.g. obtaining something of value (your fees) from them under false pretenses (perhaps that you are not using the confidential info obtained from them in one matter against them in the other matter).... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: What the code for fraud in a marriage
Mark Oakley
Mark Oakley answered on Mar 1, 2019

Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are... Read more »

2 Answers | Asked in Federal Crimes for Maryland on
Q: I was convicted of a felony 9 years ago Straw purchase. I would like to petition the court for an expungement.

It was a first offense, I never even had a parking ticket prior. Good standing in society but was associated with someone of whom I was dating and I did not know that he had a felony charge in his past. I was studying for my insurance license for a bail bond business. When I purchase my weapon,... Read more »

Gary Kollin
Gary Kollin answered on Jan 31, 2019

There is no standardized process nor statutory entitlement to sealing nor expungement in federal court. It is a complicated process with requesting a federal judge to take extraordinary actions.

Youshould retain counsel

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on
Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal

The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.

Mark Oakley
Mark Oakley answered on Jul 25, 2018

Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: where can I get a copy of Article 27 Secdtion 640 and footnotes for Restitution

My son is in Federal prison and is almost out for his sentence but can't return to MD as a release because of a warrant for VOP for restitution over 20 years ago he didn't pay. He has been in prison 7 years and did not have access to money to pay this restitution and wants to be released... Read more »

Mark Oakley
Mark Oakley answered on May 15, 2018

He needs a lawyer to file a motion to recall the VOP warrant and remove the detainer.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was subpoenaed today to testify in front of grand jury in Baltimore as a witness this Tuesday.

Although Ive been assured verbally that I am safe from prosecution, I am worried that may not be true. Can I request immunity? Should I plead the 5th? What will protect me and my family from the person Im wanted to testify against?

Mark Oakley
Mark Oakley answered on Apr 26, 2018

Meet with an experienced defense counsel beforehand and go over what you might be asked and what you know. Anything you tell the lawyer is privileged. Invoking your Fifth Amendment right must be done properly, and the lawyer will guide you. If this is before a federal grand jury make sure the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: File a motion to retry case .. A juror husband was there everyday talking with detective he said “i wish u were a juror”

Trial lasted a week .. detective was shaking the hand of the juror’s husband and patted him on his back

I believe once the juror’s husband said his wife was on the jury, no further contact should have been made

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Apr 17, 2018

The question is whether the husband’s action connoted an impropriety with the juror and the case. I can’t tell from these facts but it is worth looking at. Contact the defense counsel with this ASAP for a potential appeal issue.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: ASSAULT SEC DEG-LE OFF/P&P AG ASSAULT-SEC DEGREE ASSAULT-SEC DEGREE DISORDERLY CONDUCT These are my four charges I have.

I need legal advice on the maximum and minimum punishment I can get Some details are I was blackout drunk when it happen and have no criminal record and the assault charges are on officers I pushed them and the charges are in Maryland, i need help... thanks

Mark Oakley
Mark Oakley answered on Apr 10, 2018

These are misdemeanors, but you do not want any kind of a record, and usually something can be worked out to keep your record clean. Obviously it depends on the seriousness of any assault (injuries, etc.), but many times with no real injury the officers can be convinced to let the assaults go and... Read more »

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