Is It Illegal To Record Someones Voice Without Them Knowing It In Maryland?
Yes, it is illegal, and yes, you absolutely can get in trouble for recording someone’s private conversations or utterances without their permission. Maryland law actually punishes this conduct quite severely. The offense is considered a felony, and carries five years and a hefty fine. As Attorney Eric T. Kirk will tell you. Section 10-402 of the... Read more »
Is It A Crime To Make A Bomb Threat In Maryland?
Most of us are familiar with a prankster who pulls a file alarm. In post-911 Maryland, this conduct is not viewed as harmless fun. Section 9-504 of the Criminal Law Article makes it a crime to circulate or transmit to another “with intent that it be acted on, a statement or rumor that the person knows... Read more »
Can I Recover Punitive Damages After A Maryland Car Accident?
I’ve discussed at some length in other volumes of these Articles that, in typical personal injury case arising from a motor vehicle accident, two types of damage are recoverable: economic and non-economic. In a truly exceptional, outrageous, situation, a third type of damages might be recoverable: punitive damages. Maryland law defines punitive damages as those designed... Read more »
What Is Considered Perjury Under Maryland Law?
To the surprise of no one, Maryland criminal law makes it a crime to knowingly and falsely make an affirmation of material fact under oath, or in affidavit authorized by law. As Attorney Eric T. Kirk will tell you. This is not a strict liability crime, and involves far more than simply being ‘wrong’. The falsity... Read more »
What is an Alford Plea under Maryland Law?
Almost 50 years ago the US Supreme Court recognized that if certain criteria were met, a sentencing judge could accept a plea – in effect a de facto plea of guilty- from an individual who maintained they were, in fact, innocent. In the case, Alford plead guilty to second degree murder in order to escape a... Read more »
Scooters, Mopeds, Minibikes, Driver’s Licenses, Registration And Insurance.
At a time in the not too distant past there was some ambiguity under Maryland law regarding the requirements –in terms of licensure, registration and insurance- for vehicles known as scooters, mopeds and the like, particularly those with engines displacing less than 50 ccs. It has been noted both that Maryland law could not possible... Read more »
Dictionary of Legal Terms For Baltimore Personal Injury Cases
DAMAGES Damages are the method by which the law quantifies the harm that results from an act of negligence. Money is a poor substitute for the pain and loss associated with a personal injury, but it is the system of compensation that the law recognizes for those who have sustained physical harm at the hands of others.... Read more »
I’ve Been Accused of a Crime. How Much Time Am I Facing?
This is probably the most commonly asked question that I field from clients who have been accused of committing a crime. It makes sense. In order for anyone to intelligently assess options, they have to be aware of the best and worse case scenarios. I Attorney Eric T. Kirk think most people would agree that a... Read more »
What is Extradition In Maryland?
Extradition, generally, is the process by which someone accused of a crime in another state, or, escapes while serving a sentence in that other state, is returned to that other state to answer the charge or complete their sentence. In Maryland, Extradition is an executive process carried out by the Secretary of State. Initially, the... Read more »
Can I have a Conviction Expunged in Maryland?
Until quite recently, the answer to that question was a resounding “no” except for some very minor crimes more akin to municipal offenses. Perhaps the paradigmatic example was “public urination” – a “crime” in name only, most often related to the influence of some form of mind altering substance, and very infrequently related to any... Read more »
I Have A Maryland Warrant For My Arrest. What Should I Do?
There are not a lot of great options in this situation, but there are alternatives. The standard advice I give all questioners is to obey the warrant, contact law enforcement, and follow their instructions. If, however, a valid and provable reason exists for a failure to appear, there may be alternatives. A seasoned Maryland defense... Read more »
You Are Charged With A Crime. How Can You Prove That You Are Innocent?
This notion comes up frequently during the course of consultations with prospective clients that have been charged with a crime. As a technical matter, no one ever has to prove they are innocent. Everyone who has attended a 3rd-grade level civics course knows of the time-honored, constitutional mandate: “presumed innocent until proven guilty”. The prosecuting... Read more »
