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Stephen Patrick Shepard
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Stephen Shepard’s Answers

248 total


  • A friend of mines has been indicted and his case is now in circuit court. Whats supposed to happen at the arraignment?

    He got his papers and has a "arraignment ". But there he wasn't given a bond review and the court appointed attorney didn't explain the case to him. Is this valid? At the arraignment aren't you supposed to enter a plea and or have some type of bon...

    Stephen’s Answer

    At an arraignment in most jurisdictions, the defendant is advised of the charges against him or her and the maximum penalties for the charges and is advised of his or her right to hire an attorney or seek representation through the Office of the Public Defender if he or she cannot afford a private attorney. In some jurisdictions, if a private attorney or public defender enters his or her appearance in the case then the arraignment may be cancelled. A plea is not entered at the arraignment.

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  • Can a PBJ DUI get expunged in Maryland?

    DUI, Probation before Judgement, expungement

    Stephen’s Answer

    No. A probation before judgment for a DUI is one of the few offenses that cannot be expunged under any circumstances.

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  • Police/ arrest records

    So I went for my interview today everything was good but something popped up. I was back in 2013 arrested for driving with a suspended license so now the IO asked me to mail him the arrest record before he makes a decision but I don't know where t...

    Stephen’s Answer

    To add to Mr. Welch's answer, once you have the citation information, go the District Court of the county where the offense occurred and ask to inspect the case file (you will need to fill out the form linked below). You should obtain true test copies of the citations and defendant trial summary.

    http://www.courts.state.md.us/district/forms/general/dc034.pdf

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  • Does my Father apply to any proposed/enacted bills directed to non-violent, career criminals?

    My father is a career, non-violent criminal currently incarcerated. He has continued his education and self-growth through the years. He has maintained contact with everyone and will have a firm support system post-release. I'm curious if his ...

    Stephen’s Answer

    Much more information is needed to answer to your question. If you're asking about changes to the expungement laws and the new shielding law, then I suggest seeking a free consultation with an attorney in your area who regularly deals with expungements. Use Avvo's "Find a Lawyer" tool and search for expungement attorneys near you.

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  • Do I need an Attorney?

    I was the Petitioner in a domestic violence case against my sister. The Defendant (my sister) violated the Order in March which I notified the police. I just received a subpoena to appear in court 11/30/15 as a witness. None of my family members (...

    Stephen’s Answer

    Generally, a victim/witness does not need an attorney unless he or she feels that something they may have said or done could be incriminating in some form. Depending on what county your case is in, the Office of the State's Attorney likely has a victim/witness liaison who will assist you with knowing what to generally say and how the court proceeding will go. You can always call the Office of the State's Attorney and ask to speak to the Assistant State's Attorney who is assigned to your case; in fact, you should probably do this to make him or her aware of the text messages and provide print-outs of the messages. Regarding the issues that you're having with your family, unfortunately, this is a legal advice forum and so I am unable to advise you how to handle that situation. I hope that everything works out for you.

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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?

    Stephen’s Answer

    Unfortunately, a probation before judgment for an offense of Md. Transportation Article 21-902 (Driving Under the Influence of Alcohol) cannot be expunged under any circumstances. This is one of the few offenses that cannot be expunged. See Md. Criminal Procedure Article 10-105 (linked below).

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  • Do you need an attorney to file a 8-505 for you?

    My husband is incarcerated on an armed robbery charge with a 55 yr sentence. He's been in for 12 years and he's looking for a 12-18 month program.

    Stephen’s Answer

    Your husband does not necessarily need an attorney to file a motion for an 8-505 evaluation. However, it would be extremely advisable to have an attorney assist your husband with such a motion because it is a very complicated motion which must meet certain statutory requirements in terms of content before a judge will even consider reviewing/granting it. Many attorneys offer free consultations and are not as expensive to hire as many folks may believe. Use Avvo's Find a Lawyer tool to search for a criminal defense attorney in your area and schedule several free consultations and choose the attorney who is the most qualified to handle an 8-505 motion (not all attorneys are) and who you feel most comfortable with. I hope that everything works out for you and your husband.

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  • How long does the process for record expungement take?

    Alcohol citation in 2006 Two marijuana possession charges - 2008/2009

    Stephen’s Answer

    The expungement process normally takes approximately 90 days from the date that the Petition for Expungement (and Waiver Form, if applicable) is filed. You should receive a an Order from the court advising you when the Petition for Expungement has been granted (or denied).

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  • I went to court for a unpaid ticket. the fine was for $90. once i pay the ticket or fine will my case be dismissed?

    i was pulled over for drivng without a license and didn't pay my fine as of yet. My prevous court date was adjourned due to me not having a lawyer. i would like to know if i can pay my fine and get the case dismissed

    Stephen’s Answer

    I am a bit confused by your question. Driving without a license is an offense which carries potential jail time and/or a substantial fine. Simply paying the fine in a driving without a license case is not an option, as you must appear in court and enter a plea of guilty or not guilty. If you enter a plea of guilty or are found guilty after a trial, it will be up to the judge as to what sentence to impose. Because driving without a license is a serious traffic offense, you should seek representation by a private attorney or public defender. Please keep in mind that many private attorneys offer free consultations and are not as expensive to hire as many folks may believe. If you cannot afford a private attorney, you may apply for representation through the Office of the Public Defender -- you may apply at any local office but MUST do so at least 10 business days before your next court date.

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  • I got a DISOBEYED TRAFFIC CONTROL DEVICE ticket from NY, but I live in MD. I have no idea about this happening.

    I currently live in Maryland. I was going to Toronto, and i caught by cop in Main st, NY. I was speeding at 4am, and she gave me a disobeyed traffic control device ticket. I think she said there are no point on it. However, google says there are 2...

    Stephen’s Answer

    I suggest reposting your question on the New York forms to get responses from attorneys who are licensed in that state.

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