Can Maryland Police Officer Arrest or Search Me if They Smell Marijuana / Cannabis?
The decriminalization of marijuana has led to changes in Maryland search and seizure law. In 2014, Maryland reclassified the possession of less than 10 grams of marijuana from a crime to a civil infraction. Possession of more than 10 grams, remains a crime. As Attorney Eric T. Kirk will tell you. Longstanding precedent holds that police... Read more »
Maryland DR-015A /Advice of Rights Form
As Attorney Eric T. Kirk will tell you. ADVICE OF RIGHTS – (Maryland Transportation Article §16-205.1) You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test under Maryland Transportation Article... Read more »
The Victim Wants The State To Drop The Charges Against A Boyfriend /Husband.
The goals of the prosecution and the wishes of the person that initiated the charges are sometimes at odds. The role of a Maryland prosecutor is to enforce the laws of this state, prosecute the alleged offenders, and to seek justice. As Attorney Eric T. Kirk will tell you. The State of Maryland has no obligation to... Read more »
Can I Refuse To Testify Against My Husband Or Wife In A Baltimore Assault Case?
Maryland substantive evidence law creates two situations where one spouse cannot be forced to testify against the other. In a criminal case, such as a second-degree assault prosecution in Maryland, a spouse is granted a one-time right to refuse to testify against the other spouse. There are some important things to note about the existence of this... Read more »
Is It A Crime In Maryland to Harass Someone Online or on Social Media?
Maryland has recently enacted an expansive statutory scheme that criminalizes online activity and conduct in a variety of circumstances. As Attorney Eric T. Kirk will tell you. Specifically, the law punishes the use of an electronic communication in six specific instances. Although some may contend that social media posting is benign, or innocuous conduct, the drafters of... Read more »
What Happens if I Lie to a Baltimore Police Officer?
It goes without saying the of providing false information in virtually any setting has ramifications. As Attorney Eric T. Kirk will tell you. Providing false or misleading information on loan, credit or life insurance applications, or in connection with sale of property, can have civil repercussions, and may form the basis of a fraud claim. Certainly, providing false... Read more »
What is the Difference Between Shielding and Expungement Under Maryland Law?
Expungement is a process by which court and police records are removed or cleansed. Acquittals [Findings of “not guilty”] probations before judgment, stets and outright dismissals are subject to expungement after an appropriate waiting period. Certain convictions are likewise eligible for expungement, after a waiting period as well. Shielding, on the other hand keeps the public, generally,... Read more »
Can I Expunge or Shield a Maryland Protective Order?
Public access to government records is a hallmark of our democracy. Shielding is a process by which public access to court records can be taken away. Peace orders and protective orders are civil remedies. Expungement is a process that applies to criminal records. As Attorney Eric T. Kirk will tell you. Protective order and peace order... Read more »
Can I Seal a Maryland Court Record?
Maryland law favors public access to the records of its courts. In fact, I would suggest that is the default setting, and that if public access is to be denied, a significant interest in secrecy must be shown. Having said that, under Maryland law, some records, for fairly obvious reasons, are automatically kept from public scrutiny. Examples would be... Read more »
My Friend, Relative Or Loved One Is In Jail And Wants Me To Hire A Lawyer What Do I Do?
It may seem surprising at first- but there are a fair number of defendants in criminal cases who don’t actually hire the lawyers that represent them- rather their family members do. It makes sense if you think through the logistics. An individual who has just been taken into custody in Maryland is unlikely to have... Read more »
How Can I Take Care of An Outstanding Maryland Arrest Warrant? Can I Make It Go Away?
If you discover a Maryland court has issued a warrant for your arrest, actually you have two problems you are facing. Obviously, a warrant has been issued that would command a law enforcement officer to take you into custody at any time. Secondly, you typically have the underlying criminal or traffic charge to address. A... Read more »
How Much Does It Cost To Hire A Baltimore Criminal Defense Attorney?
It’s fairly common for me to take calls from the friends or family members of an incarcerated individual, asking for a ” quote ” or a price upon which I Attorney Eric T. Kirk can handle the case. While every criminal case is unique, I typically do my best – based upon the information provided – to give the... Read more »
