Drug/CDS Possession Charge? What If I Had A Prescription?
It is illegal in Maryland to possess a controlled substance “unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice” Md. CRIMINAL LAW, Code Ann. § 5-101. As Attorney Eric T. Kirk will tell you. The drug laws define a narcotic, generally as an opiate, or a... Read more »
How Can I Win a Maryland Drug/CDS Possession Case if the Police Found Drugs?
A drug case is just like any other criminal case in a fundamental respect. As always, the State has the burden of proving, beyond a reasonable doubt, that the defendant, on or near his person or in his control, had a specific substance, and the possession or use of the specific substance was illegal or... Read more »
Is Medical Marijuana Legal in Baltimore, MD?
Is legal to have Marijuana In Maryland? You actually get different answers to this question depending on who you ask. The possession of a small amount of marijuana has been decriminalized [i.e. it is treated as a civil offense] in Maryland. That does not make it legal, it just means that the penalties are civil in... Read more »
Can Missing My Physical Therapy Or Medical Appointments Destroy My Baltimore Personal Injury Case?
I’m often asked if not being fully and completely compliant with the terms of your medical care can have an impact on the value of your car accident or other personal injury claim. An analogous scenario is one in which a car accident victim waits and does not seek prompt medical attention after an accident.... Read more »
How Much Time Will I Actually Serve For a Maryland Prison Sentence? Diminution Credit.
There seems to be a common consensus or understanding that one convicted of a crime in Maryland does not always serve the full time shown in their judgment of conviction. In many instances, that plays out in fact. The convicted, incarcerated individual, and in many instances their friends, family and loved ones must be aware that... Read more »
How Much Time Does A Maryland Inmate Have to Serve to Be Eligible for Parole?
There are two separate questions involved here. Can an offender be released early, and if so, when does the potential for that commence? Like many aspects of the correctional system, parole is a process, not an event. There are a variety of factors, and stages to consider. The first is eligibility. Maryland law provides that... Read more »
Does It Really Matter If The Insurance Company Uses A Computer Program To Determine The Value Of Your Personal Injury Case?
Other articles on this site discuss computer settlement software such as the Colossus program utilized by Allstate, among others, and the TEACH program utilized by State Farm. Years ago, many, if not most major insurance companies began to use settlement software to arrive at the dollar figure they would extend as an offer of settlement... Read more »
What If I Told The Insurance Company I Wasn’t Hurt In My Car Accident?
An insurance representative, or “claims adjuster” for the company that insures the other driver will invariably try to contact you in the hours after any automobile accident. They will certainly ask you questions about the event. In many instances, they ask for your permission to record the interview for later use. This representative will express... Read more »
How Do You Get Bail In A Maryland Criminal Case?
The intent of the drafters of Maryland’s pretrial release framework was to encourage the release of individuals on recognizance, or by the posting of an unsecured bond. Indeed, the pretrial rule states that it “shall be construed to permit the release of a defendant pending trial”. As Attorney Eric T. Kirk will tell you. Moreover, preference... Read more »
Three Common Elements In Every Baltimore Personal Injury Case ?
Three Common Elements in Every Baltimore Personal Injury Case Baltimore personal injury cases, whether stemming from car accidents, slip and falls, or professional malpractice, to be sure, share certain foundational elements that must be proven for a successful claim. Some argue the these common requirements are: Duty of Care – Baltimore drivers owe a duty... Read more »
What Do These Letters, Abbreviations or Codes Mean On Maryland’s Case Search?
The State of Maryland provides a free, and easily accessible database containing important information about civil and criminal cases, as well as data about liens. Most who use it regularly call it “case search”. The official name is the Maryland Judiciary Case Search. While much of the information is plain and clear, docket entries can... Read more »
What Reasons Do The Police Need to Stop My Car?
Over the years I Attorney Eric T. Kirk has seen this scenario unfold hundreds if not thousands of times. A car is pulled over. As a result of the exchange between the officer and the driver or occupant, something is uncovered that was not known prior the stop. The drivers’ license is suspended The driver is intoxicated... Read more »
