Can I Collect Medical Expenses as Part of Restitution?
Here is the scenario. A person is hurt in an accident and incurs medical expenses. The at-fault individual is charged with a crime in connection with the incident. May the injured person get their medical bills paid for by the court in the criminal case ordering restitution from the defendant? The answer is yes, and... Read more »
Is there a Right to Bail in Maryland?
The federal constitution does not require that one be admitted to bail. Experienced Baltimore criminal defense attorney Attorney Eric T. Kirk is likely aware that the Maryland constitution has no “right” to bail, either. Both constitutions guarantee that there shall be no “excessive” bail. While an attorney may argue that “no” bail, in any circumstance, is... Read more »
What Does A Judge Consider In Setting A Maryland Bail?
A judge or commissioner is obligated to consider several factors in determining if someone should be admitted to bail, and, if so, the amount and other conditions of release. Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk knows that the judicial officer must consider: the nature of the alleged crime the strength of the case... Read more »
Can I be Reased on Recognizance in Baltimore, MD?
Experienced Baltimore criminal defense attorneys Attorney Eric T. Kirk know that if a defendant is admitted to bail, that bail cannot be excessive. With certain exceptions, every defendant may be released “ROR” [released on recognizance]. Of course we argue our clients should be released on recognizance in every case. The law requires that the court must... Read more »
What Happens if I Skip Bail in Baltimore?
I would venture that most people understand that if you post bail and don’t show up at your trial, your money is gone. Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk knows there are additional penalties. One can be imprisoned for 5 years if the underlying offense is a felony and 1 year if it... Read more »
Am I Entitled to Bail In Baltimore, MD?
Experienced Baltimore criminal defense lawyers like Attorney Eric T. Kirk knows that bail, and other pretrial conditions of release are to be designed to ensure: the accused appears at trial, and the safety of the victim and the community. It is often argued that the second prong of that announced purpose is abused. These lawyers are... Read more »
How to I get an Expungement in Maryland?
The process of obtaining an expungement is relatively simple. The appropriate forms are filed with the Clerk in the court where your matter was decided or heard. Copies are sent to the State. The paperwork is processed. As Attorney Eric T. Kirk will tell you. The process if straightforward. A petition, and, if required, a civil... Read more »
Do I Have To Put An Expunged Baltimore Criminal Charge On A Job Application?
Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk have been asked the question over and over. It is probably in the 10 ten, maybe the top 5, questions I get. Do I have to put an expunged charge on a job application? Most applications asked if you’ve ever been convicted of something. However, some may... Read more »
Can I Get an Expungement if I’m Arrested and Not Charged?
An uncharged arrestee is entitled to expungement of the police records of the unfortunate event as a matter of right. Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk in Balitmore knows this right extends to photographs and fingerprints as well. Although police, and court, records may be expunged, some individuals still find the incident may... Read more »
How Does Baltimore Law Define Robbery?
The drafters of the Maryland Criminal Code decided to let the crime robbery retain the definitions the courts gave to it. Historically, robbery was: The taking, and carrying away, by force or threat of force the property to another with the intent to deprive the owner of the property. Still is. Experienced Baltimore criminal defense... Read more »
Is A Baltimore Carjacking the Same As Robbery?
Carjacking is a specific variety of robbery. It is unlawful for a person to take unauthorized control of a vehicle in the possession of another, by force or threat thereof. Its a serous crime with serious consequences. Those convicted often due substantial time. The carjacking statute defines the crime as: Taking “unauthorized possession or control of a motor... Read more »
What Does Maryland Law Consider a Dangerous Weapon?
Experienced Baltimore criminal defense lawyers Attorney Eric T. Kirk knows there has been extensive litigation involving what constitutes a dangerous weapon within the meaning contained in the robbery statute. Things like: inoperable guns unloaded guns, and even starter pistols Have all be considered dangerous weapons, if, for no other reason, than they can be used to... Read more »
