Caeb M Colravy's Answers

What does awaiting circuit court disposition mean in Maryland?

In Maryland, traffic violations are heard in the District Court, which does NOT have any jury trials--all of the trials are decided by the judge. For some traffic violations, the defendant is entitled to a jury trial, if he or she wants one. When the person asks for a jury trial (called a "jury demand"), the case must be sent to the Circuit Court where there are juries able to hear the case. When this happens, the case is "forwarded to Circuit Court." The District Court will not know the...

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If I get a DUI in Maryland and I am a resident of South Carolina will it show up in South Carolina?

To the best of my knowledge, the only states that are NOT a part of the Interstate Driver's License Compact are Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan. Every other state and DC belong to it. Therefore, when you get a ticket in any state that is a member of the Compact, they will notify your home State of the violation and it will show up on your driving record in your home State. As a result, your home state can take action against your driver's license. There are some...

What is the statute of limitations on filing charges for malicious destruction in Maryland?

The statute of limitations for malicious destruction in Maryland is one year. And yes, a 13-year-old can be charged with malicious destruction in Maryland. The complaint procedure is the same whether it is being made against a child or an adult--you call the police and file a complaint. This would be a juvenile delinquency case due to the age of the child and would be handled in the juvenile court. However, there are special procedures that must be followed by the Department of Juvenile...

I live in Maryland and was convicted of a dui in NJ six months ago.

Most states belong an Interstate Compact (IC), which is an agreement between all of the States that belong to the IC to report traffic violations to each other. As a result, the State where you are licensed (Maryland) can take action against your driver's license if they are notified of a traffic violation in NJ (so long as the NJ violation is also a traffic violation if committed in Maryland). Not all drinking and driving laws are identical from State to State, so it is possible that a...

Is a search warrant good if it has mistakes made by the clerk

It is possible that the warrant could be determined to be invalid. The mistake in the address is the biggest problem, based upon what you have said. A lawyer would need to review the warrant and likely do some legal research to determine if the mistakes are fatal. Not all mistakes in a warrant require that the court invalidate the warrant. The difference in your weight is not the central issue, as the warrant has to do with a search of your home, not your person (body). Clearly, the police...

If you dont get caught stealing can you still be charged ?

The short answer is "yes." Keep in mind, however, that being "charged" is not the same as being "convicted" (found guilty). Being charged is merely an unproven accusation. The government has the authority to bring charges against anyone they believe has committed a crime, so long as that belief is based upon "probable cause." This is a lower standard than what is need to actually convict someone of a crime. In order to be found guilty of a crime, the government must prove through evidence...

District Attorney lied to me to get me to testify what can I do?

I assume that this trial took place in Maryland. At this point, there is not much that you can do unless the case is appealed and a new trial is held. If this case was tried in a Maryland District Court (state court, not federal court), then the defendant has thirty days from the date of sentencing to file a "de novo" appeal to the Circuit Court in that county. A "de novo" appeal means that the defendant will get a whole new trial (essentially, a "do over") in the Circuit Court. If and when...