Maryland Criminal Defense Legal Questions

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57 legal questions have been posted about criminal law by real users in Maryland. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Maryland Criminal Defense Questions & Legal Answers - Page 2
Do you have any Maryland Criminal Defense questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 57 previously answered Maryland Criminal Defense questions.

Recent Legal Answers

Is it true that if I was put on probation in MD that I can only live in Maryland and not allowed in DC or VA?

Answered 13 years and 7 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is a standard term of a probation contract that the probationer not leave Maryland without permission. Some judges will change that condition to permit a person to travel within the DC Metro area. You should review your probation contract to find out what the terns are. If you plan to move, you should discuss the situation with your probation officer to avoid trouble down the road (and a possible violation of probation).... Read More
It is a standard term of a probation contract that the probationer not leave Maryland without permission. Some judges will change that condition to... Read More

Can I get arrested if my friend got marijuana in mail and has text messages from me saying I was coming over to get it?

Answered 13 years and 8 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A global plea is one which involves all of a person's pending charges. In. this case, getting a global plea may be difficult, if not impossible because he has charges in two states.
A global plea is one which involves all of a person's pending charges. In. this case, getting a global plea may be difficult, if not impossible... Read More

Can you file a modification after your postconviction is denied?

Answered 13 years and 9 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. A motion to modify (or reconsider) a sentence must be filed in writing within 90 days of the imposition of sentence. If a motion to reconsider was not filed, that may be a good grounds for a post-conviction, particularly if the defendant got a life sentence. However, a sentence can only be modified within 5 years.... Read More
No. A motion to modify (or reconsider) a sentence must be filed in writing within 90 days of the imposition of sentence. If a motion to reconsider... Read More

Would it be possible to get an appeal and get my case put on a stet docket?

Answered 13 years and 10 months ago by Scott L. Little (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
An appeal will not help you. If you are on probation then you have to have plead guilty or been found guilty. To the extent a case can be placed on the stet docket that is a function of prosecutorial discretion in which you would have to waive your right to an appeal. However, your attorney should contact the State's Attorney assigned to your case to see if the State would agree.... Read More
An appeal will not help you. If you are on probation then you have to have plead guilty or been found guilty. To the extent a case can be placed on... Read More

Will my charges be shown on my record for assault, battery and carrying a weapon?

Answered 13 years and 11 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, the charges will show up on your record unless you file for an expungement. You should file right away to get the process going.
Yes, the charges will show up on your record unless you file for an expungement. You should file right away to get the process going.

Can a theft charge be removed from my record?

Answered 14 years and a month ago by William C. Wood (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As long as there was no conviction entered, you may file for expungement.
As long as there was no conviction entered, you may file for expungement.

What should I do if I am awaiting an alledged sexual investigation?

Answered 14 years and a month ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
These cases are very serious. Police and CPS workers almost always attempt to get a statement from the alleged abuser before charges are brought. The person is frequently tricked into giving a confession. You should retain counsel immediately to avoid these pitfalls.
These cases are very serious. Police and CPS workers almost always attempt to get a statement from the alleged abuser before charges are brought. The... Read More

What if my preliminary hearing was denied?

Answered 14 years and a month ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are not entitled to a preliminary hearing. In fact, in Montgomery County there are no more than 5 preliminary hearings a year out of the thousands of felony cases. It is nice to have a PH since it is an opportunity to get some discovery but it's no big deal to not have one. Your bigger issue is a speedy trial one.... Read More
You are not entitled to a preliminary hearing. In fact, in Montgomery County there are no more than 5 preliminary hearings a year out of the... Read More

Can they be dropped before court?

Answered 14 years and a month ago by Scott L. Little (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, only the office of state's attorney can drop criminal charges. She should contact the office of the state's attorney and arrange a meeting with the ASA assigned to the case to discuss a formal dismissal of the charges.
No, only the office of state's attorney can drop criminal charges. She should contact the office of the state's attorney and arrange a meeting with... Read More

Do police usually act upon drug related texts?

Answered 14 years and a month ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This really depends on how motivated the detective is. Sometimes they are just looking for the big fish. Other times the detective seems like he's bucking for a promotion and works hard to bring in as many people as possible. Remember not to make any statements to the police without a lawyer. Also, do not confess to any crimes online.... Read More
This really depends on how motivated the detective is. Sometimes they are just looking for the big fish. Other times the detective seems like he's... Read More

Is my wife blackmailing us?

Answered 14 years and a month ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It may be blackmail. It is also powerful cross-examination if you can prove it up. You should tell your lawyer immediately.
It may be blackmail. It is also powerful cross-examination if you can prove it up. You should tell your lawyer immediately.

I have nolle prosequi for two charges on my record, will that be a negative on a background check?

Answered 14 years and 2 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The charges probably will show up in a background check. You should file to get them expunged. It is a very easy process. A lawyer can help.
The charges probably will show up in a background check. You should file to get them expunged. It is a very easy process. A lawyer can help.

Am I to blame for a fight if I was provoked?

Answered 14 years and 2 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This sounds like a classic case of "mutual affray." Basically, an assault is an unconsented touching. But when someone instigates a fight (the classic example is when someone in a bar says, "let's step outside."), they have essentially consented to the touching. You should find a lawyer who is experienced in presenting this defense.... Read More
This sounds like a classic case of "mutual affray." Basically, an assault is an unconsented touching. But when someone instigates a fight (the... Read More

Does my probation start after my release date or my sentencing date?

Answered 14 years and 2 months ago by Scott L. Little (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In Maryland a local sentence is anything less than 12 months I believe. So the fact that you got an 18 month local sentence is surprising to me. However, to answer your question probation does not begin until after your release date.
In Maryland a local sentence is anything less than 12 months I believe. So the fact that you got an 18 month local sentence is surprising to me.... Read More

Who gets charged if I am pulled over with other people and drugs are found?

Answered 14 years and 3 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
If there are a number of people in a car and drugs are found somewhere in the car, everyone in the car can be charged. Your question really is, who will be convicted? The answer to that question depends on the specific facts of each case. It is possible for everyone in the car to be convicted of possessing the same bag of drugs. My advice is everyone in the car should get their own lawyers. There may be a lot of finger pointing.... Read More
If there are a number of people in a car and drugs are found somewhere in the car, everyone in the car can be charged. Your question really is, who... Read More

Can I be recharged if the officer did not receive the subpoena?

Answered 14 years and 3 months ago by Vernon Lanny Harchenhorn (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Probably, if no witness took the stand or jury sworn, and it happened within past year.
Probably, if no witness took the stand or jury sworn, and it happened within past year.

Can I get charges dropped if I was under the influence of alcohol?

Answered 14 years and 3 months ago by William C. Wood (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Voluntary intoxication would generally not provide a defense sufficient for the State to drop the charge. However, if you have no prior record, it is possible that you could receive probation before judgment, which would not show up as a conviction and could eventually be expunged. I would strongly recommend consulting with an experienced criminal defense attorney to determine potential defenses and to put yourself in the best position possible in the event that you enter into a plea agreement. You may want to consider having an alcohol evaluation and/or seeking anger management counseling if appropriate.... Read More
Voluntary intoxication would generally not provide a defense sufficient for the State to drop the charge. However, if you have no prior record, it... Read More

If my daughter had a conviction of petty theft would I have to include this on her application?

Answered 14 years and 3 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Under Maryland law that would not count as a conviction because (1) she was a juvenile; and (2) it sounds like the case was diverted prior to adjudication. However, as the question reads, "have you ever been charged with a crime?" the answer would be yes. She can probably explain away the circumstance pretty easily considering her age at the time.... Read More
Under Maryland law that would not count as a conviction because (1) she was a juvenile; and (2) it sounds like the case was diverted prior to... Read More

What happens if I was charged with public indecency?

Answered 14 years and 4 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you need a lawyer. Prosecutors take these cases very seriously. Any crime committed in Bethesda is taken very seriously. Don't be lulled into a false sense of security by the promises of the police. They tell suspects things to make them feel comfortable.
Yes, you need a lawyer. Prosecutors take these cases very seriously. Any crime committed in Bethesda is taken very seriously. Don't be lulled into a... Read More

Can I make a deal with the district attorney on behalf of my fiancee?

Answered 14 years and 5 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. First, most prosecutors won't talk to you unless you are the person's attorney. Second, you have no authority to make a deal on a person's behalf unless you are the attorney of record. Third, if the person is looking at life in prison the case must be very serious. Let the person's lawyer do their job. Your conversation may interfere with your fiancรฉโ€™s defense in ways that you do not know.... Read More
No. First, most prosecutors won't talk to you unless you are the person's attorney. Second, you have no authority to make a deal on a person's behalf... Read More

What should I do to protect myself from false criminal charges?

Answered 14 years and 5 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is no way to prevent someone else from lying about you. The best thing you can do is document your whereabouts, always have witnesses for places you go and things you do.
There is no way to prevent someone else from lying about you. The best thing you can do is document your whereabouts, always have witnesses for... Read More

Does a criminal bond have to be paid if the defendant passed away?

Answered 14 years and 5 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the money was paid to the court and not a bondsman you should be able to get it back.
If the money was paid to the court and not a bondsman you should be able to get it back.

How can I take care of my failure to appear warrant?

Answered 14 years and 5 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A lawyer can file a motion to quash the warrant for you. If that doesn't work, you may need to turn yourself in. A lawyer can also assist you with that process.
A lawyer can file a motion to quash the warrant for you. If that doesn't work, you may need to turn yourself in. A lawyer can also assist you with... Read More

Is a probation before judgement a conviction?

Answered 14 years and 5 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A probation before judgment (or PBJ) is not a conviction. When a judge enters a PBJ, she strikes the conviction. However, there is a guilty finding. So the person is found guilty but is not convicted.
A probation before judgment (or PBJ) is not a conviction. When a judge enters a PBJ, she strikes the conviction. However, there is a guilty finding.... Read More

Do we use the Daubert or frye standard?

Answered 14 years and 6 months ago by Louis Michael Leibowitz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Maryland uses Frye and the Maryland case, Reed.
Maryland uses Frye and the Maryland case, Reed.