Matthew Baum’s Answers

Matthew Baum

Baltimore Criminal Defense Attorney.

Contributor Level 9
  1. Why aren't speed cameras entrapment?

    Answered over 2 years ago.

    1. Matthew Baum
    2. Douglas A Thomas
    3. Edward Jacob Sternisha
    4. Christopher Daniel Leroi
    5. Benjamin J Lieberman
    6. ···
    7 lawyer answers

    By no means does the presence of a camera induce you to speed. Hence the defense of entrapment isn't available to you.

    6 lawyers agreed with this answer

  2. Up until what stage (after the state closed its case) and the defense closes its case, can the state re-open its case?

    Answered over 2 years ago.

    1. Matthew Baum
    2. John C Belcher
    3. William Lawrence Welch III
    4. Robert Kinsey Taylor Jr
    5. Jonathan Scott Smith
    5 lawyer answers

    The state's case against you comes out between the calling of the state's first witness and when the state rests. Once the state rests there are very limited circumstances under which the state may call more witnesses. These witnesses should not be testifying in support of the state's case in chief. Your question is somewhat vague. I hope that my answer provides some guidance. It shouldn't be thought of as legal advice. Knowing whether the prosecution is following the rules is the...

    4 lawyers agreed with this answer

  3. False allegations in criminal complaint and Peace Order request filed by my neighbor. Do I have any legal recourse against her?

    Answered over 1 year ago.

    1. Matthew Baum
    2. Harry Edward Hudson Jr
    2 lawyer answers

    Let me add that you did very well to have successfully prevented the peace order from issuing. Good work! Too many people don't bother to defend against those things. My advice is to be careful. This person apparently isn't afraid to lie and is familiar with the process of going to the commissioner to apply for charges. If she wants to cause you more trouble she probably can. It's very difficult to have someone barred from applying for charges. You should start a working relationship with...

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  4. Does petty theft show on background checks & ar they on your records.

    Answered almost 2 years ago.

    1. Matthew Baum
    2. Michael Gene DeHaven
    3. William Lawrence Welch III
    3 lawyer answers

    In the event you are convicted as a juvenile in MD it will be on your juvenile record as a "Facts Sustained." This record is not available for public inspection. However, in the event you are charged as an adult --up through your early twenties-- you can expect a conviction like this one to influence how commissioners, prosecutors, and judges handle your adult case. Having a juvenile record often causes young adults to be held in lieu of bail while pending trial, to be prosecuted for minor...

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  5. Should I file an assault charge on ex?

    Answered over 2 years ago.

    1. James Thomas Kinder
    2. Matthew Baum
    3. Edward Jacob Sternisha
    3 lawyer answers

    Speaking in the most general terms, being the victim of an assault is not a defense to DUI. There is a longshot possibility that you may be able to convince a factfinder that you were coerced to drive in an impaired state. In order to prevail with this type of defense you'd have to show that the timeline was very compact. Not much time should have elapsed between the fight and the escape. I think this defense breaks down if you drive any farther than was absolutely necessary to escape...

    4 lawyers agreed with this answer

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  6. How can I have boyfriend's second degree domestic violence dismissed?

    Answered over 2 years ago.

    1. Matthew Baum
    2. Keith R Havens
    2 lawyer answers

    A conviction for Second Degree Assault can have very serious immigration consequences for a non-US citizen. Your boyfriend's case really should be handled by someone who has a good command of immigration law in addition to criminal law. I would expect the State's Attorney's Office not to ask you whether or not you want to press charges. The State will probably tell you that the charges belong to the State and not to you. Without your assistance, however, they likely would not be able to...

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  7. I want to drop charges on my fiancee for a felony charge. I was not expecting it to go this far...

    Answered almost 2 years ago.

    1. Don Waggoner
    2. Tracey Lyn Sticco
    3. Matthew Baum
    4. Joseph Julius Registrato
    4 lawyer answers

    Criminal cases are always prosecuted by the state. They never belong to a witness --even if that witness is the victim. The state did not pick up the charges. The state had the charges from the very moment the police made an arrest. If you change your story you may be subject to prosecution for a crime. If you were untruthful earlier when you spoke with the police or prosecutors you may have a Fifth Amendment Right not to testify if it would mean repeating untruthful testimony. The...

    4 lawyers agreed with this answer

  8. Would my 20 yr old son who attends college and works part time qualify for a public defender in Maryland?

    Answered over 2 years ago.

    1. Matthew Baum
    2. William Lawrence Welch III
    2 lawyer answers

    I am a Public Defender. I believe it is possible that the Office of the Public Defender in MD may be able to represent him. While I am not immediately familiar with all of the guidelines used by my intake staff, I have recently represented more than just a few college students. In order to apply he'll need to account for his assets, income, and expenses. As a point of caution, be aware that being found guilty of certain crimes can make it impossible to get federal money for school....

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  9. Can a criminal case be settled out of court?

    Answered over 1 year ago.

    1. Thomas C Valkenet
    2. Monty N Yolles
    3. Matthew Baum
    4. Keith G Langer
    4 lawyer answers

    Yes. It is possible for a case to be dismissed without the defendant ever having to appear in court. The dismissal must, however, be done in court and on the record. Keeping in mind that the state represents the victim in any criminal case, it is not possible for the victim to settle or dismiss the case on his or her own. If you are shopping for a lawyer on Avvo please do not put any amount of faith in Avvo's lawyer rating numbers. They are a fiction and do not represent reality. Very...

    2 lawyers agreed with this answer

  10. Threatening the life of another

    Answered over 1 year ago.

    1. Matthew Baum
    2. Gary A Kester
    2 lawyer answers

    Stay away from the person who said that.

    2 lawyers agreed with this answer