Can the Police Keep Your Money or Your Car By Saying its Drug Related?
“They took my car/money/gun/house!” Well, “they” is law enforcement. And yes, they can, and they do. Frequently. But that does not mean you, as a property owner are without recourse. If you find yourself minus a car, or stack of cash, you should consult with a seasoned attorney to find out what you can do... Read more »
What is Boating Under The Influence in Maryland?
A seasoned DUI / DWI attorney Attorney Eric T. Kirk will tell you, the crime and the consequences are the same as DUI, except, with a few notable exceptions, you’re in a boat, not a car. If you are operating a boat under the influence, you are in a lot of trouble. The standards and legal principles that... Read more »
Is It Illegal And Negligent to Use A Cell Phone/ Text While Driving?
It is illegal to use a handheld cell phone while driving, at least in Maryland. Most states have enacted laws that prohibit cell phone use while driving, and in particular “texting” while driving. Maryland is no exception. It is illegal in Maryland to use a handheld cell phone to text, or talk, while driving. What are the penalties... Read more »
What is Considered Drug Paraphernalia?
Drugs, called “controlled dangerous substances”/ CDS under the law, are illegal. But is a pipe? Depending on the surrounding environment, any inanimate object could conceivably constitute paraphernalia. Seasoned criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD know that the definition of drug paraphernalia is not finite. It can be anything. Creative prosecutors have successfully argued... Read more »
I’ve Been Charged With Reckless Endangerment. What Is That?
To convict under this charge, the State must prove, beyond a reasonable doubt, that the defendant recklessly created a substantial risk serious physical injury or death, to another. As with the separate crime of assault, one does not actually have to injure another to be convicted of this crime. As Attorney Eric T. Kirk will tell... Read more »
What is Considered A Bad Check? Can I Be Charged with a Crime?
Everyone who has ever bounced a check is not charged with a crime, and bouncing a check, standing alone, is not criminal. Honest mistakes happen. It’s probably a safe bet that everyone with a checking account has likely bounced a check, or come close. That does not mean criminal activity occurred. There are civil remedies... Read more »
I’ve been charged with Theft. What is Theft?
In these guides, I’ll explore in detail the myriad ways that one can commit a theft. Criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD that remember their law school classes will tell you that theft, reduced to it most basic form, is stealing, or, put another way: …..taking of something of value of another, intending... Read more »
Is Unauthorized Control The Same As Stealing?
Maryland law prohibits knowingly obtaining or exerting unauthorized control over the property of another with the intent to deprive the owner of the property, or with the intent to conceal the property so that the owner can’t get it. Unauthorized means, in part, without the consent of the owner. As Attorney Eric T. Kirk will tell... Read more »
In Baltimore, MD, is Larceny The Same As Stealing?
Baltimore Criminal defense lawyers like Attorney Eric T. Kirk are likely well versed on the Maryland theft statue, an omnibus or catchall provision, covering all manner of nefarious conduct, previously punished as specific common law crimes. The modern theft statute punishes the crimes formerly known as larceny, embezzlement, shop lifting and receiving stolen property. Theft in... Read more »
What If I Did Not Know It Belonged To Someone Else? Can I Be Charged With Theft?
Criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD are well aware than any crime requires proscribed conduct, plus the simultaneous existence of a culpable state of mind possessed by the alleged criminal. If the two are not present, there can be no crime. Some crimes can be committed in the course of reckless conduct, some... Read more »
Stealing Grocery Carts in Baltimore
Why Grocery Cart Theft in Baltimore, MD Doesn’t Make Sense The theft of grocery carts in Baltimore, MD, is a misguided and ultimately harmful endeavor. As the time honored saying goes: “Well, if they had to take the trouble to pass a statute, apparently there is a problem.” While your average person on the street... Read more »
Possession of Stolen Goods. What If I Did Not Know the Goods Were Stolen?
Being in possession of goods that one knows are in fact stolen, or that one believes probably have been stolen is a form of theft. Criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD know often argue that even if possession is shown, the requisite intent to deprive the true owner is not present. If... Read more »
