Richard A Finci's Answers

What happens when probation before judgement after DUI is violated?

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...

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

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...

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Does multiple gunshots preclude self-defense?

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...

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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?

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...

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

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...

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

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...

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

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....

How long would some one get for the listed crimes?

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!

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

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.

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

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...