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Richard F Kodzis
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Richard Kodzis’s Answers

111 total


  • Arrested for DUI as a passenger.

    Good evening, After leaving a work party, my friend (designated driver) was driving us home. We stopped at a gas station, and he ran in to get a bottle of water while leaving the keys in the ignition. Seemingly out of the blue, an officer pul...

    Richard’s Answer

    Many DUI cases are very fact specific. As Attorney Traub said, the facts you present may well present defenses to the charges. You may well have issues with your drivers license even before court. You need to promptly consult with an experienced DUI attorney.

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  • Is t possible to get a probation before judgment on a first offense with BAC level of .11?

    The cop pulled me over accusing I swerved. I passed the field tests but they made me blow twice into the breathalyzer. I scored .079 first and .11 the second.

    Richard’s Answer

    I agree with several of my colleagues. It is certainly possible to get a PBJ, but if your description is correct, if may be possible to do better. Don't post additional information here as this is a public forum, but consult with an experienced DUI/DWI attorney.

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  • Can a PBJ DUI get expunged in Maryland?

    DUI, Probation before Judgement, expungement

    Richard’s Answer

    Unfortunately my colleague Attorney Shepard is correct.

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  • I had a DUI that resulted in a PBJ in Maryland. It has been 3 years since the end on my probation. Get i get it expunged?

    I had a DUI that resulted in a probation before judgment in Maryland. It has been 3 years since the end on my probation. Can I get it expunged, at least in the records potential employers would have access too?

    Richard’s Answer

    As my colleagues have said, unfortunately, for the last ten years or so DUI/DWI PBJs are no expungable.

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  • If your probation expires and your PO files a VOP against you after the expiration date is that valid?

    My Probation expired on April 5, 2015. In February 2015 I got charged with Failure to send child to school, which I still haven't been to court for. My PO didn't file the VOP report against me until April 15, 2015, after the probation had expired....

    Richard’s Answer

    Unfortunately it is valid. Probation has 30 days from the end of probationary period to file.

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  • Can I defend myself in a gun case if I cannot afford a lawyer

    Charged with illegal transport of handgun in MD

    Richard’s Answer

    You can, but do you know how? The prosecutor is a lawyer and has been trained to try cases. If you haven't discussed your case with a lawyer, or just have concluded you ca not afford a private attorney, apply to the public defenders office. You apply not less than ten business days, not calendar days before court.

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  • Does a violation of probation guarantee jail time?

    My girlfriend has a violation of probation from over 3 years ago and is scared to appear in court that she may go back to jail for it. I am looking into options for her, and I have told her she needs to go back, but want to get a lawyer for her fi...

    Richard’s Answer

    Being found in violation of probation is indeed serious. But not going to court is not going to make it better, it will only get worse. There is no "guarantee" of jail time, but failing to appear will make it much more likely because she will not be able to avoid the VOP forever. She needs to retain an attorney ASAP to represent her in this case. If she is unable to afford a private attorney she should apply to the office of the public defender. Don't wait until the day of court. Good luck.

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  • I have gotten 1DWI in 40 years. The judge ordered a lifesaver machine be put on my truck for 6 months.

    My 88 year old mother called me and said she was hurt,fell down and unable to get up.I had been drinking but jumped in my truck And drove there asap. I got pulled over. Got DWI. My lawyer isn't doing a thing. Won't return my calls etc..

    Richard’s Answer

    You must certainly discuss this matter with your attorney. You have the right to have a prompt reply. As others have said you may have to consider a new attorney - if so seek out an attorney that concentrates. On. DWI/DUI.

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  • I plead not guilty to a charge and it was later dropped, but my record shows a nolo plea.

    I posted this yesterday but have more information. It was in 2002 for false statement. In court I remember pleading not guilty and the case was dropped. I a recent interview for the Sheriff Department I found out I have a nolo plea. I got a co...

    Richard’s Answer

    Mr. Scherr is correct. I would also recommend getting a certified/true test copy of any and all papers the court my still have, even if it is only that page, and I agree that you should request a copy of any recording to the court proceeding.

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  • Caught shoplifting in military facility. Was handcuffed and processed, but released after questioning.

    I was caught shoplifting. The value was less than $10 and is my first offense. I'm 19 years old, military dependent. My military ID was confiscated and I'm not allowed to enter the PX and my privliges to use my card at the commissary and PX were r...

    Richard’s Answer

    You will receive a notice to appear in court. Since you live in Severn, I assume this was on Ft. Meade? If, so you will go to
    Federal Magistrates court in Baltimore. You may qualify for a public defender as Mr. Oakley said, if not try to retain a private attorney. Cooperate with your attorney-jail is very very unlikely, but you don't want to be saddled with a theft conviction.

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