Do I earn good time while on probation and parole: I have 5 years probation was just wanting to know if I earn good time because I would like to move out of Maryland without being on probation and parole
Lee’s answer: Good time is typically applicable to a credit on an actual sentence of incarceration. You do have the right to file a motion with the Court to seek modification of your probation, namely to shorten its duration. If you have had no violations and can demonstrate good cause for the reduction, your sentencing Judge has the discretion to grant or deny your request.
What to do next after being assaulted by a contractor: We hired a window contractor, but he has been negligent with his work quality. Recently, we called him to review the job his team did and asked him to redo the work, but he denied the request. The argument between him and my mother got heated, and he pushed her to the floor. I went to separate them and questioned him about why he had done that. He then choked me with two hands. After the police arrived, we were informed that both parties could press charges and obtain a peace order. I went to the hospital to get my mother checked, while he had already gone to the court and filed a peace order, claiming we locked him in our home, which no one did. What type of case is this, and what should we do next, as the hearing is in 2 weeks?
Lee’s answer: Your scenario concerns both civil and criminal law. A Peace Order is "civil" in nature and requires the contractor (or private counsel representing the contractor) to prove by a "preponderance of the evidence," that the contractor was falsely imprisoned in your residence. In a criminal case, in which your mother is the "victim," she can apply through a court commissioner for a Statement of Charges against the contractor, alleging that she was assaulted. If a commissioner determines there's probable cause to issue a charge against the contractor, the State (not a private attorney) must prove "beyond a reasonable doubt," that your mother was criminally assaulted. Your mother also has the prerogative to seek, under the lesser burden of proof, a civil peace order against the contractor for alleged assault, either representing herself or retaining counsel to do so. She must complete and file a Petition for the Peace Order through the Clerk's office. However, be aware that in a Peace Order proceeding (whether initiated by the Contractor or your mother), one must not only prove that an underlying (and qualifying) offense occurred within 30 days of the Petition's filing, but that the respondent is likely to commit, in the absence of an Order, the subject conduct in the future. You would be well advised to consult with an attorney familiar with both the defense of peace order petitions and criminal law to assess your mother's rights, remedies and defenses.
How to beat this court case? : Got a citation today for shoplifting in Maryland , under $100. What is the likely charge?
Lee’s answer: the likely charge is misdemeanor theft, carrying a maximum penalty of 90 days and/or a $500.00 fine. I agree with my colleague's impression that a prosecution could be avoided, but that would depend on your age, prior criminal contacts, if any, the input by the alleged victim and the attitude of the assigned prosecutor. Retaining legal counsel to explore those issues is well advised.