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Patrick Erney Maher
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Patrick Maher’s Answers

263 total


  • Is my attorney responsible for helping me file a motion for modification of probation

    also can I do the work myself if he can not do with out representation and what are my chances with the judge for it to become a probation before judgement off of 3yrs probation first offense no prior record

    Patrick’s Answer

    Check your Legal Representation Agreement for post verdict matters.There is a difference between a motion for modification of probation and a motion for modification of sentence. If you are seeking to change the sentence from a conviction to a probation before judgment, a motion for modification of sentence must be filed within 90 days of the sentence. Whether it is granted will depend on numerous factors beyond the scope of this informal public inquiry. A motion for modification of probation can be filed at any time if you are seeking to change the conditions of the probation imposed, i.e. reduce the length of probation Although the rules permit you to file motions without an attorney, you would be better served to have the assistance of an experienced attorney to navigate the post verdict options

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  • Can I get Probation Before Judgment on a first degree assault?

    I have been charged with first degree assault. Is a PBJ an option when it comes to sentencing? First time offender, no weapon involved.

    Patrick’s Answer

    You are not precluded from a PBJ by statute, but it is an extremely serious charge. You should discuss this case with an attorney who is experienced in criminal law, as generally, a first degree assault case carries a lengthy potential jail sentence

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  • Pending administrative DWI Suspension blew above .08/prior refusal to blow for old dwi

    I received a DWI/DUI in Jan 2001; I refused the breathalyzer and license was suspended. I was later convicted of the DWI in Mar 2002. I just received another DUI/DWI charge a few days ago and took the breathalyzer - blew .12. ...

    Patrick’s Answer

    It is a 45 day for a first breath test result of .08. You need to file a timely request for a hearing to get a restricted license. You should contact an experienced DUI attorney who can assist you in determining if there are any defenses available in your case

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  • What happens if I had was convicted of a DUI in Virginia and have now moved to Maryland?

    I received a DUI 2 years ago in Virginia and was convicted. I have since moved to Maryland. If my fines are paid, can I get a Maryland drivers license? Do I still have to get the ignition interlock? If I can get a Maryland license, what happen...

    Patrick’s Answer

    If you are valid in Virginia, you will be clear to obtain a Maryland driver's license. If your license is flagged for any reason, you will be denied license until the flag is cleared. Check with your Virginia attorney about the interlock requirements and consequences of a Virginia traffic stop

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  • Is there anything that can be done to help me with a reconsideration expungment a seal or a pardon

    In 2009 I was sentenced to 10 years asb 18 months for con to commit robbery at the time I was 17 no priors but was charged as an adult I served my time and currently I am on probation I have not been in any trouble since I enrolled in college but ...

    Patrick’s Answer

    A conviction for this type of crime is not eligible for expungement. You may want to contact your prior attorney to inquire whether he filed a motion for modification of sentence. In light of your age, lack of criminal history, and depending on the nature and facts of the offense, the plea agreement or outcome of the trial, a judge may agree to review the sentence imposed

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  • I'm moving to California and will have a bench warrant will Cali extridate me back to MD?

    ON Pre trial release trial date not set yet but I will no longer be going to pre trial meetings

    Patrick’s Answer

    You will need to discuss this matter privately with an attorney who is familiar with this area of law. Numerous factors beyond the scope of your inquiry will need to be addressed. They should not be discussed on a public forum

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  • Can i postpone my jury trail,i have a public defender right now but i want a lawyer

    i have a public defender right now but i want a lawyer

    Patrick’s Answer

    As you have been advised, a public defender is a licensed lawyer. Whether the case can be postponed so that you can hire private counsel, will depend on several factors including prior postponements and the date of the pending. You should contact private counsel of your choice immediately to discuss this matter

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  • Can the Prosecuting State's Attorney call the defendant (via phone) when the defendant has legal defense council?

    Three weeks before the trial date, the State's Attorney is calling the defendant. The State's Attorney has already spoken to the defense council and is aware of the case status. Is it illegal for the State's Attorney to contact the defendant whe...

    Patrick’s Answer

    Contact the defense attorney and advise them what happened. the attorney will know how best to proceed with this situation

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  • I was arrested the other night for several charges i believe on being a felony but i have no prior arrests only traffic things

    i was arrested for concealed deadly weapon possession of marijuana ( only 2 grams) and paraphernalia i have nothing on my record other than moving violations and i'm nervous beyond belief that i'm going to jail. please someone gi...

    Patrick’s Answer

    Do not make any statements about your case on a public forum. If you cannot afford a lawyer, you may be eligible for representation by the Office of the Public Defender. Contact them immediately

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  • I was pulled over after turning onto a side street avoiding DUI checkpoint

    The charge regarding my initial stop was described as, DRIVER FAILURE TO OBEY PROPERLY PLACED TRAFFIC CONTROL DEVICE INSTRUCTIONS. Does this give me a point to fight the DUI I received? I was pulled over by the "chase car" after making a legal and...

    Patrick’s Answer

    Checkpoints require set procedures and policies for them to pass constitutional challenges for unreasonable seizures. Your factual scenario may fall into one of the articulated challenges. It will depend on the specific, detailed facts of the case. You need to discuss this matter with an experienced DUI attorney who is familiar with the Supreme Court and Md. Appellate opinions on checkpoints

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