Lee Jay Eidelberg’s Answers

Lee Jay Eidelberg

Baltimore Litigation Lawyer.

Contributor Level 13
  1. Facing false misdemeanor charges in second-degree assault, trespass and failure to obey. First ever arrest and criminal charge;

    Answered 6 months ago.

    1. Lee Jay Eidelberg
    2. Thomas C Valkenet
    3. David Keith Felsen
    4. Scott R. Scherr
    5. Justin Wage Esworthy
    6. ···
    14 lawyer answers

    You obviously require an attorney to protect your interests. If you are aware of any witnesses to the incident you describe, their identities should be provided your counsel as well. This sounds like a case that should be brought to the attention of the State's Attorney's Office well in advance of a scheduled trial date so that an internal investigation by that Office can be conducted. Given recent events involving actions against citizens recording events such as the type you describe by...

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  2. How do I get out of a speed camera ticket?

    Answered 3 months ago.

    1. Lee Jay Eidelberg
    2. Scott R. Scherr
    3. Hillel Traub
    4. David J. Preller III
    5. Stephen F Allen
    6. ···
    8 lawyer answers

    Short of requesting a trial to challenge the ticket on technical grounds, its likely more time and cost efficient to pay the ticket and slow down.

    10 lawyers agreed with this answer

  3. How bad can a theft misdemeanor affect me in court as undocumented?

    Answered 3 months ago.

    1. David Keith Felsen
    2. Scott R. Scherr
    3. Lee Jay Eidelberg
    4. William Lawrence Welch III
    5. Jonathan L Katz
    6. ···
    7 lawyer answers

    If you mean by "undocumented," you are an illegal alien, even a misdemeanor theft conviction can be deemed a crime of moral turpitude and expose you to immigration consequences. You would be best advised to consult with an immigration attorney who routinely handles criminal cases.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Wife cited for theft under $1000 in MD, unintentional shoplifting. What is the likelihood of a successful defense? Penalties?

    Answered 2 months ago.

    1. Lee Jay Eidelberg
    2. Scott R. Scherr
    3. Mark William Oakley
    4. Thomas C Valkenet
    5. William Lawrence Welch III
    6. ···
    11 lawyer answers

    Preliminary, I would recommend against paying civil penalties, as the merchant must abide by a multi-notice procedure and rarely files civil actions to actually obtain the penalties involved. Second, if your wife passed working registers unintentionally, has an otherwise stellar personal and professional background, a seasoned defense lawyer may be successful in avoiding the charges altogether. Much can depend on the Assistant State's Attorney assigned to the case and the ability to negotiate a...

    8 lawyers agreed with this answer

  5. Can an officer randomly run your tags and pull you over for a traffic stop with no probable cause?

    Answered 3 months ago.

    1. Lee Jay Eidelberg
    2. Ross Wesley Albers
    3. Jason W Cleckner Esq.
    4. Nicole Whitaker
    5. Scott R. Scherr
    6. ···
    9 lawyer answers

    In short, there is no prohibition in the police running a random check on your registration - and if there is articuable suspicion of an offense the police can initiate and investigative traffic stop. I would recommend you retain counsel to contact the assigned Assistant State's Attorney handling your case - before trial - to produce the proof that you were properly registered and insured. This could result in an administrative dismissal of the case and relieve you of the obligation to appear...

    8 lawyers agreed with this answer

  6. My son has been charged with murder ,He currently has a court appointed attorney who wants him to plea. My son what's to fight.

    Answered over 1 year ago.

    1. Lee Jay Eidelberg
    2. Bennett James Wills
    3. Lawrence Steven Greenberg
    4. William Lawrence Welch III
    5. Mark William Oakley
    6. ···
    6 lawyer answers

    This is an understandably difficult issue for you. The fact that your son has a "court appointed" attorney does not imply that your son's representation has in anyway been compromised. The critical inquiry here is what evidence the State possesses, your son's possible defenses and the likelihood of a conviction. I would recommend, with your son's authorization, that you speak directly with his attorney to gain a better appreciation of the case. Ultimately, the decision to go to trial or...

    8 lawyers agreed with this answer

  7. I was given a "Uniform Criminal Citation" in MD for an alleged shoplifting incident. What should I be doing in the meantime?

    Answered over 2 years ago.

    1. Lee Jay Eidelberg
    2. William Lawrence Welch III
    3. Abraham Fernando Carpio-Gonzalez
    4. Richard Alan Simmons
    5. Mark William Oakley
    5 lawyer answers

    Even a minor shoplifting charge can have serious ramifications on your future. The citation is not like a traffic ticket, beyond perhaps looking like one. Even for the offense charged, you face a maximum penalty that includes incarceration. While a conviction is unlikely to result in so onerous a punishment, you are well advised to consult with the office of the Public "Defender" to seek representation. Be advised that you cannot wait until the eve of a court date to make that contact and...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do I have a right to review video evidence presented at trial?

    Answered 6 months ago.

    1. Lee Jay Eidelberg
    2. David Zwanetz
    3. William Lawrence Welch III
    3 lawyer answers

    You have the right to file a discovery motion requesting the identification of evidence to be used by the State at trial, as well as evidence that is exculpatory in nature. The trial judge has the discretion to exclude evidence that has been wrongfully withheld or to cure a defect in discovery by continuing the case to give the defense sufficient time to evaluate/rebut the evidence. As an aside, if the video footage provided the security officer only with reasonable suspicion to conduct...

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  9. I was rearended and am now being sued buy the other driver

    Answered almost 2 years ago.

    1. Lee Jay Eidelberg
    2. Christian K. Lassen II
    3. Mark William Oakley
    4. Michael R Crosner
    5. Lars A. Lundeen
    5 lawyer answers

    This is a matter that must be handled through your insurance carrier's claim department. Presumably, you have information concerning the identity of the investigating officer. While the officer made no report, he can independently corroborate the relative positions of the vehicles., etc. Frankly, I am hard pressed to believe that any credible personal injury attorney would pursue an injury claim for the opposing parties in your scenario. The claim that you backed up into the vehicle behind...

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  10. I am filling out a federal application and it ask about convictions for the last 7 years. DUI question

    Answered 6 months ago.

    1. Scott R. Scherr
    2. Lee Jay Eidelberg
    3. Michael D. Litman
    4. Allan Howard Rombro
    5. Jason W Cleckner Esq.
    6. ···
    8 lawyer answers

    You would be well served to have an attorney carefully review the application to confirm precisely what information it seeks. That being said, DUI's cannot be expunged from a driving record. If you were told by an attorney that you "don't have a record," that could imply that you were granted a probation before judgment and received no "conviction." So, the precise question(s) asked on the application become important. If you received a PBJ, you can reply "no" to a question concerning...

    7 lawyers agreed with this answer

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