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COVID-19 Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... Read more »

Mark Oakley
Mark Oakley answered on Jun 12, 2020

I assume you had a lawyer. You should go over your options with your lawyer, or contact another lawyer to discuss the details and what you can do. You list your location as Arlington, VA, but the question is posted for Maryland. Therefore, I will answer this question only based on Maryland law... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... Read more »

Mark Oakley
Mark Oakley answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: What should I do if I believe that my husbands sixth amendment has been violated ?

My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated

Eric Todd Kirk
Eric Todd Kirk answered on Apr 30, 2020

There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no... Read more »

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