Maryland Criminal Defense Legal Questions

Contact the District attorney for the county where he is in jail.  Let them know the situation and that you are the victim. Tally the amount of the damages and ask that they seek the damages to your property from the tenant as  he goes to trial or resolves the case.   Stay on top of it.  find out if they have a victims advocate, and call them regularly.  Show up at his court dates, to assure they seek resitistution for your loss. Find out the name and contact number of the prosecutor and let them know you want to stay informed, and that you are requesting a restitution hearing if the amount of the damages are questioned.... Read More

Police do not have to be involved for charges to be filed. A representative from the store can file charges through the court commissioner of the county where the incident happened. If the store filed theft charges, then yes you would still have to go to court. You should get an attorney to represent you for court.... Read More

It would depend on what the probation requirements of the state where the probation was issued.  Many states are members of interstate compacts, or agreement between states on such subject, that set up unifiorm regualtions for such arrangements.  I would first chekc with the state wee the probation was issued before making such a move and see, under the terms of your partiuclar probation there, that such a move would be allowed first by them.... Read More

Technically, you could be charged under the theory of constructiove possesion, although, because the dope was on someone else's person, the State would mostlikely not win.  The sucess of a consructive possesion case depends upon how likely it is that you might be the owner of the drugs, that is, if no one admits to their ownership.  For instance, if there are four of you in the car and the search finds the drugs somewhere in the front of the car, then it is more likely that they belong to the driver of the car or the fornt seat passanger due to the drugs proximity to those passangers.  They also will look to who the owner of the vehcile is if they have no other incidation of which one of the passangers actually possesed the drugs, i.e., stuffed between seats or placed randomly on the fioor.  These cases depend upon the facts of the partiucalr situation.... Read More

Possession of stolen property is a crime in the State of Maryland. The maximum possible sentence depends on the value of the item(s) allegedly taken. In this instance, knowledge as to whether or not you knew or had reason to know the property was stolen is the best defense avenue to explore.... Read More

In order for a temporary protective order to be granted, an applicant must make a preliminary showing to a judge that a threat of physical violence or actual violence has occurred. You are not there yet. I can appreciate your concerns but based on the facts that you stated, it is unlikely a temporary protective order will be granted. however, you should be very careful in what you say or do with your ex-girlfriend so as to minimize the chance that a temporary protective order will be granted. If it is, you will have a right to a hearing in front of a judge with an attorney of your choosing. You will be allowed to contest the case and present evidence in your defense. If you have further questions, please do not hesitate to call me.... Read More

it is very unfortunate that this matter is still being pursued. However the police and your employer are within their rights to investigate this case and attempt to produce evidence before judicial officer and have a warrant issued for your arrest. It is my guess that there is no warrant for your arrest at the current time and the place officer is using every tactic within his power to have you give a statement and cooperate in the police investigation. I strongly advise you to hire an attorney immediately and to not talk to the police your employer or anyone else about this case. If you are innocent as you proclaim, it is very likely that she will be found not guilty of any charges. In fact it is also very likely that if the case is as you say it is, a good lawyer can prevent the police from even taking out charges against you.you are within your constitutional right to refuse to discuss this matter with your employer or the police and to seek legal counsel. If you need assistance please do not hesitate to contact me. I have tried thousands of criminal cases and practice law for 42 years... Read More

You don't want to miss a court date, so call the circuit court who issued the summons to be sure. I don't know Maryland law but maybe the PD is handling that for you but i would double check. If you miss a court date you can be arrested. I would also hire a lawyer or ask your PD about first time offender programs that can result in you not having a conviction. ... Read More

Contrary to popular myth of the accused, PD's are lawyer and many are way better than private counsel . the problem is is that they are overworked. My advice is to be as nice and respectful to your PD but persistent in your need to discuss your case with them. If they still cannot talk to you, look for a private attorney. ... Read More

First, Let me make it clear that I am a board certified internist and attorney in S.C., and that this answer in no way creates an attorney/client relationship.  The citation is for a misdemeanor offense, but should be taken seriously.  Obtain legal counsel, as you wish to get this off your record. Regards to you, Michael Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

coppers only have to read rights when they interrogate a suspect, not arrest. you need a lawyer. if you are a first timer, an experienced lawyer will know how to get you out of this with no record. you will need to pay for the mailboxes. if you want to fight it the lawyer can advise you on that as well.... Read More

When you take an oath to be a witness (or a juror) in court, you are swearing, under penalty of perjury, that you will tell the truth. Basically, perjury  is the act of making a false statement while under oath in a official proceeding. If it is discovered that you testified falsely, you will most likely be treated harshly. Perjury is considered an affront to the court and to the system.In Maryland, where you are from, if you are charged and convicted of perjury, you can be sentenced to up to ten years in prison, even though it is considered a misdemeanor.It is never a good idea to lie under oath. A better alternative, if it fits your situation, would be for you to invoke your 5th Amendment privilege against self-incrimination and refuse to answer any questions. You should consult with an experienced criminal defense attorney in your jurisdiction who can advise you as to this and any other option to avoid testifying. If you are the defendant in the case, as opposed to a witness, and are contemplating taking the stand and lying, the price will be steep if you are convicted of perjury at your own trial. You may end up with two sentences – one for the crime at issue in your trial, to be followed by a second sentence for your perjury.I can’t stress strongly enough that it is always a bad idea to go to court and lie. There are other options, and I’m sure an experienced attorney can help formulate a strategy that protects what you do not want to divulge while avoiding placing yourself in harm’s way . If your situation is one in which you were originally charged with the defendant on trial, and you made a deal for a lower sentence in exchange for testifying against the other defendant on trial, and now you are concerned that if you do testify, there will be threats to you or your family, your lawyer can bring this up with prosecutors. Perhaps the prosecutors don’t really need your testimony. If the state won’t  let you off the hook, you can ask your attorney about the possibility of withdrawing your guilty plea so you can go to trial on our own charges, without any requirement you testify for the state. If that doesn’t look promising, you can ask your attorney about the likely penalty if you just refuse to testify. In most places, you would be held in contempt and put in jail, at least until the end of the trial, and then the judge will decide how much more time you will have to serve. My best guess is the time would be just a fraction of the 10 year possible sentence for perjury. You should consult an experienced attorney as soon as possible and not leave it to the morning of trial. There are other options besides lie or tell the truth, and out of all them, lying is always the worst choice. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998... Read More