How is False Imprisonment Different From Kidnapping?
False imprisonment is the unlawful detention of a person. Maryland caselaw distinguishes the common law crime of false imprisonment, as a lesser included offense of kidnapping. The experienced Baltimore criminal defense attorney Attorney Eric T. Kirk should be aware that caselaw suggests false imprisonment may be a fineable offense. Where there is no carrying away, or where there... Read more »
What Are Sex Crimes Under Maryland Law?
Maryland Law recognizes numerous sexual crimes: As Attorney Eric T. Kirk will tell you. two degrees of rape; four degrees of sex offenses; sodomy; unnatural and perverted sex act; incest, and solicitation of a minor. The sexual offense laws also contain multiple important definitions of proscribed conduct that we will look at in detail in other guides.... Read more »
What is a Sexual Offense Under Maryland Law?
Baltimore criminal defense lawyers Attorney Eric T. Kirk are acutely aware the definitions given to various acts is a key component of any sex-based prosecution. We carefully study the definitions set forth in the sex offense laws. The definitions set forth proscribed conduct, and so constitute the offense itself. The conduct upon which the State is... Read more »
How Does Maryland Law Define Second Degree Rape?
A seasoned Baltimore criminal defense attorney knows that rape in the second degree, as charged here in Baltimore, like all criminal charges, has very specific elements. Skilled Baltimore lawyers representing those charged with crime also know that if God is not in the details, an acquittal may be. The State’s inability to prove a key aspect... Read more »
What is Considered First Degree Rape In Baltimore?
Baltimore criminal defense attorneys Attorney Eric T. Kirk knows that the definitions that the legislature has assigned to various conduct can make a huge difference in the sanctions and penalties assessed upon conviction. When it comes to the elements of a crime, the precise language, and whether or not the alleged conduct of the defendant falls... Read more »
What is a Fourth Degree Sexual Offense In Maryland?
Many of the offense prosecuted under the sex crime laws are concerned with the status of the victim,e.g. is the victim is mentally or physically incapacitated. Fourth Degree Sexual Offense is a crime that has more to do with the status of the perpetrator. This section punishes those: in a position of authority with a school,... Read more »
What is Considered a Third Degree Sexual Offense In Baltimore?
Baltimore criminal lawyers familiar with the sex crime laws are well aware that sexual contact is making non-consensual contact with any intimate area of another, where that contact is for the purpose of arousal. Rape is treated more harshly. A third degree sexual offense involves sexual contact in the presence of another aggravating factor, [e.g. the... Read more »
Can I Get Restitution as a Victim In a Baltimore Criminal Case?
We’ve spent a lot of time in these Articles detailing the conduct that constitutes a crime. As any experienced Baltimore criminal defense lawyer will tell you, guilt is only half of the case. The disposition of the case is sometimes more significant than whether or not the person is convicted, or receives some other form... Read more »
Does A Parent Have to Pay Restitution for Their Child?
Parents have a lot to worry about. College tuition. Family health coverage. Orthodontics. Here is a fun fact. Parents are liable for the delinquent acts of their children up to $10,000. Most parents may well voluntarily pay for damage caused by their wayward offspring. Not all do. Experienced Baltimore criminal defense attorneys Attorney Eric T.... Read more »
What Can I Recover Through Restitution?
Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk will advise his criminal and juvenile clients that a person who’s sustained: medical or burial expenses out-of pocket losses loss of earnings the loss of property, or rehabilitative expenses as the “direct result” of a crime or juvenile act, can recover restitution. Direct result may have an imprecise legal... Read more »
How Can I Collect Restitution That is Owed to Me?
The experienced Baltimore criminal defense lawyer Attorney Eric T. Kirk will advise you that a judgment for restitution is the same as a money judgment in a civil case. In other words, it can be enforced in the same way. This judgment acts as lien on any real property that the obligor owns, and can be... Read more »
What Happens If I Don’t Pay Restitution?
Experienced Baltimore criminal defense attorneys Attorney Eric T. Kirk may or may not be aware that a person in substantial child support arrears will likely never get a tax refund, or be able to claim a lottery prize. They could have to pay restitution for that child, however. The child support enforcement program is authorized to... Read more »
