Can I Be Accused of Stealing Property I Own Jointly With My Spouse?
Baltimore criminal defense attorneys have made this argument in many contexts, in many courts, for many years. “If one has an ownership interest in the property and is entitled to possession one cannot steal it.” The strict answer to the questions “Can I Be Accused of Stealing Property I Own Jointly With My Spouse?” is... Read more »
What is Considered Theft by Deception?
Prosecutors have the leeway to prove a theft occurred in multiple ways. One is to show a knowing use of deception to gain unauthorized control over the property of another with the intent to deprive the owner of the property. The law provides multiple examples of what constitutes deception. As Attorney Eric T. Kirk will tell... Read more »
What Does It Mean to Deprive Someone of Their Property?
Experienced criminal defense lawyers in Baltimore, Attorney Eric T. Kirk MD are acutely aware the State must prove that an alleged thief intended to deprive the owner of his or her property. The law defines deprivation as occurring in several circumstances: the thief withholds the property permanently; the thief intends to return the property only upon... Read more »
Can I Get In Trouble For Not Taking My Rental Car Back On Time?
There are a multitude of commonsense reasons why a rental may be late. It seems obvious that additional charges, or penalties, may be imposed [and debated]. But, “Can I Get In Trouble For Not Taking My Rental Car Back On Time?” Criminal defense lawyers in Baltimore, MD have likely seen the late return of a... Read more »
How Does One Exert Unauthorized Control Over Property?
Experienced criminal defense lawyers in Baltimore, Attorney Eric T. Kirk MD are well aware the State can prove a theft by showing a defendant exerted control over property without permission. The omnibus theft statues gives us a non-exclusive list of how one may exert control over property. Included are things such as: selling conveying, or transferring... Read more »
Is Misappropriation by a Fiduciary A Crime in Maryland?
Fiduciary. Funny sounding word. Criminal defense attorneys in Baltimore, MD will tell you it is a label the law may apply to designate someone that stands in a position of: trust and confidentiality, and owes an obligation of fairness with respect to another. Think the trustee of a trust. Maryland law punishes a fiduciary who hides... Read more »
Is Unauthorized Use The Same As Theft?
In some states, similar provisions are, or at a time were, referred to as “joy riding” statutes. Criminal defense lawyers in Baltimore, MD know that in this jurisdiction, the crime is referred to as unauthorized use. The thought is that, perhaps, some young people might want to take someone else’s car out for the night,... Read more »
Can I Be Charged With Theft If I Was Allowed to Have The Property?
Criminal defense attorneys in Baltimore Attorney Eric T. Kirk MD know that stealing is taking of something from another, with the intent to deprive that person of the ownership of that item. We have seen that an accused thief may raise the defense that they, in fact, were entitled to possession of that item. There is... Read more »
What Exactly is the Property of Another?
Criminal defense lawyers in Baltimore MD will tell you that property, within the meaning of the theft statute, can be anything that holds value. The law provides a non-exclusive list of things that can constitute property: money real property utilities commercial paper food products and crops are all property. Of course, probably the most common... Read more »
What Is Defalcation Under Maryland Law?
Defalcation. A pop singer from the 80s, or a crime? It’s something most people have never heard of. Indeed, many lawyers have never heard of it. Baltimore criminal defense Attorney Eric T. Kirk will tell you it’s the latter. Indeed, it is a specific type of theft that can only be committed by a revenue... Read more »
Can I Be Convicted of Trespassing if A No Trespassing Sign Was Not Posted?
A good criminal defense lawyer Attorney Eric T. Kirk in Baltimore MD will tell you that a ‘NO TRESPASSING’ sign must be posted where it should be seen by the public in order to subject a violator to penalty. However, a sign is not always necessary. One can be convicted of trespass, where there is no... Read more »
What, Exactly, is Wanton Trespass Under Maryland Law?
Maryland law states that only wanton trespass, after being warned that you are not welcome, is prohibited. As Attorney Eric T. Kirk will tell you. “Wanton” means extremely reckless, or showing complete disregard for the rights of others. Griffin v. State, 225 ME 422. A criminal defense lawyer in Baltimore MD will advise his or her... Read more »
