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Richard A Finci

Richard Finci’s Answers

15 total


  • Is a photo of a group of 3 teens at a metro station evidence that you was apart of a robbery?

    this kid is being held on a ongoing investigation because he was charged in a similar crime months ago the crime report says 4 suspects 2 black and 2 white and the crime took place at a tunnel 4 hour later about 15 minutes away from the metro stat...

    Richard’s Answer

    I always like to say that the strength of a particular piece of evidence is in the eyes of the party offering it. It is hard to say what the meaning and importance of a particular photo might be. It is up to your lawyer, if you are charged, to investigate and then show why the photo does not mean what the state might think it means. As you suggest, the time, distance and difference in circumstances between the events will help you. Talk to a good lawyer to help you through this problem. Good luck.

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  • What does ongoing investigation mean?

    this kid is being linked to another robbery since he robbed someone at the same location

    Richard’s Answer

    Ongoing investigation simply means that the police are continuing to investigate to figure out what happened and who if anybody to charge. They want to gather as much evidence as they can before they charge anyone. They do want to make sure they charge the correct person so they will take the time to look into all possibilities and only then charge anyone based on probable cause.

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  • I have an arrest warrant, if i turn myself in, will i go to jail? Or will I be able to leave the say day?

    Yesterday I received in the mail a letter from the Montgomery County Police Department stating I have an arrest warrant, and need to contact the detective listed on the letter. I did call him as soon as I got the letter and this morning, left a me...

    Richard’s Answer

    You will appear before a District Court Commissioner within a few hours and will be granted bail in some amount or personal recognizance based upon your record and the nature of the charges against you. If you self surrender, you will be in a better position to remind the Commissioner that you are not a flight risk, will appear in court when ordered to and otherwise are not a threat to the community. Bring proof of your residence, employment and something to show when and where you have to pick up your daughter.

    In the unlikely event that you receive an excessive or unreasonable bail, you will appear before a District Court Judge on the next scheduled Bail Review Docket. If you surrender early in the morning, you should make that afternoons docket. Good luck!

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  • Can some one with a second degree assault chage become a real estate agent in Maryland

    Real estate

    Richard’s Answer

    The Maryland Real Estate Commission has some discretion to grant or deny a license if the applicant has a prior criminal conviction. It is important to consult with counsel regarding the circumstances of the prior conviction and how your application for a license might be effected.

    Maryland law does allow for expungement of certain results in criminal cases and you may also be able to set aside the conviction using a Petition for Writ of Error Coram Nobis under some circumstances.

    The answer is probably yes, but some work may be required to assure the issuance of a license.

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  • Without an official sobriety test (and only the PBT results) can I be charged with a DUI per se?

    I am 21 and was charged with DUI per se, Reckless, Negligent, and More Speed Than Reasonable. He did not charge me with DUI or DWI. I drove to 7-11 and when I pulled into the parking space, I hit the breaks to late and the car hit the parking ...

    Richard’s Answer

    This is an interesting scenario. As I think you realize, DUI per se requires proof beyond a reasonable doubt that you blew .08 or higher. Without a test result, this charge can not be proven. The pbt is not admissable for that purpose! Of course, they may try to convict you of "lesser included offenses" when you go to court. In my opinion, there may also be 4th Amendment issues with the "stop" and the other actions taking by the police officer. Finally, if it even gets this far, the officers failure to take you in for admissable breath or blood testing can result in a favorable inference that you would have passed the test! Please have a lawyer with you to protect you from facing lesser charges and to object to substantive amendments to the citations, which are in fact the charging documents under Maryland law.

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  • What happens when probation before judgement after DUI is violated?

    We live in MD. My spouse was arrested earlier this year for DUI. His sentence was probation before judgement. He was also ordered not to drink and to attend alcohol classes/counseling. He has not been attending:( He was recently drinking and dr...

    Richard’s Answer

    I am sorry that your spouse has not successfully followed his probation and dealt with his apparent drinking problem. His probation officer will probably file a Supervision Summary Report and request for action asking the Judge to issue a Petition for Violation of Probation. The judge may sign a bench warrant or issue a judicial summons. Either way, your husband will have to appear in court to address the allegations. I would suggest that he immediately try to get himself in compliance with probation by attending alcohol classes and working on any other probationary conditions imposed upon him. Perhaps he can still save his probation before judgment but that will never happen if he does not get himself into compliance or if he picks up a new charge and is convicted. I doubt he will do jail time but the consequence of losing a probation before judgment disposition is still severe and to be avoided! Good luck.

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  • What is the worst that can happen to a 12 year old accused of touching a 4 year old?

    The State wants to press charges against the 12 year old. No evidence and they were prohibited to talk to the 12 year old. they are going on the word of a 4 year old. The 4 year old said the 12 year old pee pee in the mouth.

    Richard’s Answer

    I will answer this question the way that is asked..."What is the worst that can happen..." Clearly, the State's Attorney could file a Petition alleging that the 12 year old is delinquent because of this allegation. The matter could be heard in the Juvenile Court and if the 12 year old can be proven guilty beyond a reasonable doubt, then the worst that could happen is that the 12 year old could be committed to the custody of the Department of Juvenile Services for treatment and rehabilitation. Obviously, there are many things which must be proven and many defensive moves to make before the worst that can happen can actually happen.

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  • How long would some one get for the listed crimes?

    How long would some one get for the listed crimes? Story included? How long (Jail time) would someone get for the fallowing: Reckless endangerment Driving with a suspended license Driving under the influence A friend of mine was driving whi...

    Richard’s Answer

    The penalties are as follows: reckless endangement maximum penalty is 5 years, driving while suspended 1 year for a first offense, driving under the influence 1 year for a first offender. That does not mean that he will receive a sentence of that length. The Judge will decide the sentence. Much can be done to address the issues in this case and your friend absolutely must have a lawyer representing him to address these issues!

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  • What is the penalty for transporting a fiream on a public road in Maryland?

    I am a 34 year old male. I am looking into purchasing a firearm but when I was 21 I was convicted of transporting a firearm in a vehicle. MD state law says that if a person has a misdemeanor firearm conviction that carries a maximum penalty of t...

    Richard’s Answer

    Sorry but I think your wrong. You probably pleaded guilty to transporting a firearm which while a misd. under Maryland law, carries a 3 year maximum penalty for a first offender. You should consult with an attorney to determine if there is any way to expunge your record or obtain a pardon from the governor. Be advised that your purchase and possession of a firearm will violate both Maryland and Federal law.

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  • Well im 19yrs old and i worked for circut city when it was getting liquidated.basically i got caught stealing '600$"

    well im 19yrs old and i worked for circut city when it was getting liquidated...basically i got caught stealing '600$" from the company when i really didnt i only had tooken a sum of 100$ to150$ at the most but i accepted the claim they had accuse...

    Richard’s Answer

    First and foremost, you need to stop talking! Your posting on this public site of what amounts to an admission of guilt is not wise. As for your exposure to jail or other consequences, your confession alone is not sufficient evidence under Maryland law. It must be corroborated by independent evidence. I think I can safely assume that Circuit Citys former employees will not be coming to court to testify on behalf of Circuit City. Their testimony would be necessary to prove the case on many different levels. If your charged, make sure you retain a lawyer who is not afraid to fight your case. Your early confession may not be the huge mistake you may think if your case is handled correctly.

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