Richard A Finci’s Answers

Richard A Finci

Greenbelt Criminal Defense Attorney.

Contributor Level 7
  1. Is a photo of a group of 3 teens at a metro station evidence that you was apart of a robbery?

    Answered almost 2 years ago.

    1. Richard A Finci
    2. Barry Franklin Poulson
    2 lawyer answers

    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....

    3 lawyers agreed with this answer

  2. What does ongoing investigation mean?

    Answered almost 2 years ago.

    1. Richard A Finci
    2. Warren E Tydings Jr
    3. James Regan
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What happens when probation before judgement after DUI is violated?

    Answered about 5 years ago.

    1. Richard Stefan Lurye
    2. Richard A Finci
    3. Victoria Marie Mussallem
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  4. Are there consequences for complainants filing false criminal charges and protection orders (Prince George's County Maryland)?

    Answered over 5 years ago.

    1. Richard A Finci
    1 lawyer answer

    These are very difficult situations because of Maryland's civilian complaint process. To answer your question first, a false accusation in a criminal application for statement of charges or in a Domestic Violence protective order is filed under oath and can be prosecuted by the state as perjury. Moreover, a false statement may be prosecuted civilly as a malicious prosecution. You could seek a restraining order or perhaps more simply, an order to the District Court Commissioner to refuse any...

    1 person marked this answer as helpful

  5. Does multiple gunshots preclude self-defense?

    Answered over 5 years ago.

    1. Atiq R Ahmed
    2. Richard A Finci
    3. James Martin Brown
    4. Okorie Okorocha
    5. Craig A. Epifanio
    5 lawyer answers

    Self defense is still available under these circumstances although the reasonableness of the use of deadly force will certainly be at issue in the case. Under District of Columbia law, a person may only use that level of force reasonable to meet the force being faced. However, an attack by a pen knife wielding assailant could easily be deadly and the victim may defend himself. At a trial in a case such as this, evidence of the circumstances of the attack, the sobriety of the initial...

    1 person marked this answer as helpful

  6. 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?

    Answered over 3 years ago.

    1. Larry Jason Feldman
    2. Marc Gregory Snyder
    3. Richard A Finci
    3 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Marc Gregory Snyder
    2. Abraham Fernando Carpio-Gonzalez
    3. Richard A Finci
    3 lawyer answers

    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...

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

    Answered almost 5 years ago.

    1. William C Wood
    2. Richard A Finci
    3. John E. Gross
    3 lawyer answers

    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...

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

    Answered about 5 years ago.

    1. Richard A Finci
    1 lawyer 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....

  10. How long would some one get for the listed crimes?

    Answered about 5 years ago.

    1. Richard A Finci
    1 lawyer 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!