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Thomas J. Maronick
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Thomas Maronick’s Answers

29 total

  • Should i hire a lawyer? and what should i do

    It was a Friday night and my buddy Alex picked me and my ATV up from my house in his truck. We went to my friend Jons house, and When we got their i adjusted the valves on my ATV. We all decided to go out to a place next to my friend Jons house th...

    Thomas’s Answer

    Yes hire a lawyer. Don't take a chance. Hire a local lawyer familiar with the court in question and licensed in the law of your state.

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  • What actions can i take if a burglar is in my garage...maryland

    Can i do what is necessary to contain him until the police arrive

    Thomas’s Answer

    A lot if recent court history is to be considered. The general rule is you have a right to defend yourself if you feel threatened/your life is in danger. You have the right to use reasonable force to do so. Generally, if someone attacks you with a fist you can fight back with a fist. However, in a Baltimore City case, a man broke into a house and was nearly decapitated by a college student using a Samurai sword who felt that his life was in danger. The student was found to not be culpable for the death of the burglar. That's not an ordinary situation and most people felt this was a close call since it was not clear that the burglar was actually threatening the life of the student.

    In another case, an appellate court in State v. Kenny Der acquitted Mr. Der who was accused of murder for killing a burglar with his gun. The appellate court found that he had acted in self defense when he and another man found there to be burglars in the building where he was and that he had used his weapon in self-defense.

    Your best advice is to get to safety and call the police, but you have a right of self defense in Maryland if you feel threatened. The question of how much is still very hotly debated.

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  • I got arrested for DWI this past weeking went to jail and payed a $500 bail bond to get out. Can i get it dropped ?

    I dont have a drivers licenses, and im a immgrant do i want to see if there is anyway to get it drop because i have family here and dont want to leave them at all .

    Thomas’s Answer

    You should get a lawyer in your local jurisdiction. A lawyer may be able to help you get it dropped if the facts are worthy of such action. Best bet- get a local lawyer and follow that person's advice.

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  • Looking to expunge a disorderly conduct charge from 7 years ago (Ohio) with a PBJ (completed) from MD?

    I received a disorderly conduct back in 2006 for public intoxication in Ohio. I was in my 20s. I pleaded no contest and was let go with no fines due to it being my first and only incident with the law. Fast forward two years later I moved to MD...

    Thomas’s Answer

    Ohio law applies. Maryland would not allow the expungement unless it wasn't a conviction.

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  • Should I get a lawyer for 1st time dui?

    Blew .10, had suspended license but had physical cool even tho cool had pulled me over previously. Case is in justice court.

    Thomas’s Answer

    Of course. You are facing jail, loss of license, hefty fines, possible collateral consequences with your job or school. There's an old saying that the man who represents himself has a fool for a client. I'd say that's sage advice.

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  • How can a polygraph be a condition of my release as of today if I was released 5 years ago?

    I am a sex offender in Maryland released on mandatory supervision in 2008. My parole agent now says I must take a maintenance polygraph because it is a condition of my release and I never had one before. A polygraph was not on my release papers ...

    Thomas’s Answer

    Agree with Lawrence. But I would add that polygraphs are not generally admissable in criminal courts. I mention that because there are questions about their reliability which means you can be a great polygraph taker but be someone who simply knows how to beat them. On the flip side, you can be very truthful but be nervous and just not do very well under questioning. I think there is empirical evidence proving both points. My main comment to you is to do whatever you are told to do, but just understand that if things don't go well, you may have options and defenses later on.

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  • I am being charged by the State of Michigan for medical expenses from my child's birth. Can this be discharged in bankruptcy?

    I am currently going through a Chapter 7 bankruptcy. I recently became aware of a $3,000 charge imposed by the state for the birth of my child four years ago. The charge isn't listed as an arrearage when I looked up my case. I never receive no...

    Thomas’s Answer

    I am a Maryland practitioner but will try to handle this one. Medical bills generally ARE dischargeable in a Chapter 7. Now where this is tricky is that it is for the birth of YOUR child. If this can be seen as any kind of child support, then no.

    However, let a court tell you that you are wrong. I suggest you put the bills on the bankruptcy, following the rule that generally medical bills are dischargeable. Unless there's some Local Rule in Michigan I am not aware of, I think this is a good strategy.

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  • I am running for county Sheriff in Pennsylvania, do I have to admit DUI, if I had it expunged?

    I am a boro police officer, who couldn't get hired by Sheriff's Department because of DUI.

    Thomas’s Answer

    While PA law may require you to release this information, you can be sure the press will find this on any kind of public record search if its available.

    Generally expunged offenses do not need to be admitted however. Expunged means it is as if it did not happen, which is why people want to get their offenses expunged - or erased.

    The only issue I would be careful about is that you are running for an office involving public safety and the public trust. Disclosure may make sense - although since the matter is expunged I don't think anyone would hold it against you.

    That being said, if it's expunged that usually means it is gone. I am not sure if PA has any specific statute on running for public office, but that's my two cents. I am licensed in neighboring state Maryland.

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  • Is judge able to dismiss charges during a status hearing or sentencing?

    I was recently charged with a felony for having a loaded gun in my car ( Carry Pistol Without License) The gun is lawfully owned and registered in my home state. I also have a concealed carry permit. However , the Washington D.C government is mak...

    Thomas’s Answer

    In addition to what my colleague mentioned, if a Motion to Dismiss is made, and the judge finds there is no legal basis for the charge, or it has not been proven during the prosecution's case, the judge can dismiss the charge.

    But the decision to go forward initially is the prosecutor's.

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  • I recieved a DUI/DWI in 2008. I was given a PBJ and on probation for 2 years ending Dec. 2010. Can I have my record expunged?

    At the time my lawyer said that I could petition the court to have my records expunged once I finished my probation. He also said that I could truthfully answer on an employment application that I have never been convicted of a crime, is that true?

    Thomas’s Answer

    It is still technically correct to say "I have never been convicted for DUI" and that is an important point if you are asked on an employment questionnaire if you have ever been convicted of a crime.

    But my colleague makes a great point about Case Search. They can do a simple background check and there it is - record of the arrest.

    If you have more questions, please feel free to come in for a free consultation. Office in Baltimore. (410) 244-5068

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