Debra A Saltz's Answers

Court date

You may file a motion to advance a trial date but you should have a compelling reason. Additionally, the court would want you to get the position of the State's Attorney's office. They will usually oppose such a motion unless you are willing to plead guilty. The State has to subpoena witnesses and it is often difficult for them to have the witnesses come in sooner than expected.

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What does plea and sentencing held means when you recieve probation before judgment

Probation Before Judgment is a disposition which means the judge has stricken the conviction and stayed judgment. Unsupervised probation simply means you do not have to report to an agent. You may still have conditions though such as "obey all laws." You should check your paperwork from court. A disposition of Probation Before Judgment is often eligible for expungement after three years. There are some exceptions.

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Is 1st degree assault a certifiable offense, meaning you are automatically tried as an adult?

You are not "automatically" tried as an adult. You are typically charged as an adult but can file a reverse waiver asking that the case be sent to juvenile court. The court will take into account 5 factors: (1) the age of the child; (2) the mental and physical condition of the child; (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children; (4) the nature of the alleged crime; and (5) the public safety. I would be happy to discuss...

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What is the best to do to get him out if my boyfriend got 5yrs in prison with violation of probarion?

If he has a drug addiction, he can file a motion under the health general article of the Maryland Annotated Code requesting that he be placed in a long-term inpatient drug treatment facility. He would first have to file a request for an evaluation and it is entirely in the sentencing judge's discretion whether or not to allow the evaluation. If the judge allows the evaluation and it is determined he is a candidate for relief then it would go back to the sentencing judge who would have to order...

In md, when a criminal is sentenced with 2 different charges, do they have to serve both or are they combined?

It is entirely within the discretion of the judge(s). The sentences can be concurrent (together), or consecutive (serve one then the other), or a combination of the two.

Likely outcome of third dui in maryland baltimore county

This entirely depends on the judge, the prosecutor and the circumstances of the case as well as what the person charged has done in terms of treatment. You should not go to court unrepresented on this charge as you could be facing up to three years incarceration with the possible enhanced penalties the state could file.

Is there any way to get an expungement of a misdemeanor earlier than the 3 yr. period my state mandates?

If you got probation before judgment or a stet then you must wait the three years. If the case was dismissed, entered nolle prosequi or you were found not guilty, there is no waiting period but you will need to file a general release and waiver along with your request for expungement. If you were convicted, you can not obtain an expungement unless you are pardoned by the governor. You can request an early expungement for "good cause" and that would be up to the judge to decide. Feel free to...

Which hearings can you receive a continuance?

It depends on your situation and the charge. I would be happy to discuss this with you if you contact my office.

MD traffic ticket citation # not posted on court website, unable to pay, & approaching 15 day deadline

Why do you believe you need to pay the citation within 15 days? Normally, you can do nothing and will receive a court date in the mail. If you miss the court date, then you must pay the citation. Otherwise you can appear for trial and plead not guilty or guilty and request that the judge strike the conviction or lower the points.