my mpther has reported a theft by me to the police but she says she will not press charges. now she is trying to get me to do basically whatever she says or she will actually charge me with the crime which she still has 96 days to do if she wants....
Misdemeanor theft charges can be filed for up to two years from the date of the theft, and there is no time limit for filing felony theft charges. Your mother would have to have convincing evidence to get a prosecutor to pursue old theft charges, but it's possible. It's up to you what you do or don't do, but her threats to file charges if you do not do as she says will not be a defense to the theft charges. They may give rise to a civil claim for damages by you against her, for the claim of abuse of process. I seriously doubt a prosecutor would indict your mother on extortion charges (it's a felony and can only proceed by way of indictment in circuit court) based on your facts.See question
In 2002 I was accused of felony theft and all the charges that go with it. I was never arrested but left the area. I now want to return to the area and want to know how to handle this. Its been 14 yrs. Is there a way to go about having these ch...
You can pay a Maryland lawyer to check the status of any outstanding warrants if the case has not been placed in the Maryland Judiciary Case Search system yet (which it may not be if the original warrant was never served). There is no statute of limitations for prosecuting felonies, nor would there be for misdemeanors if the warrant was issued within the limitations period and you simply absconded from the area (fugitive status). The case being this old, there may be a very limited ability for the prosecutor to successfully win this case, which will work in your favor. Do not post further details online, as this is a public forum. If there is a warrant outstanding, then you will need to either turn yourself in on the warrant or try to get the warrant recalled and a court date scheduled. A lawyer should be retained to arrange the best option in your circumstances. Only your lawyer should contact the authorities to resolve this. Good luck to you.See question
My son stole $300 from target as an employee. He already paid them 1000. They are now taking him to court.
He should have had an attorney a long time ago. Why would he pay back $1,000 if he only took $300? Don't answer that question online, by the way. Just seems like a strange fact. Yes, of course he needs a lawyer at court! Employee theft is very serious, and if he took over $1,000, as seems likely given your statement, he is facing felony charges. Many judges are thinking jail for employee theft. Get him to a lawyer asap! And don't post any more factual details online.See question
There is a record with the MD cps saying I have had neglect and abuse charges however I was never convicted. The case was thrown out. How can I get those charges off my record with CPS in Maryland.
You can expunge criminal arrest records if a prosecution did not result in a conviction, but you cannot expunge the internal records of CPS, which are not open to the public in any event. There is no reason or purpose in trying to expunge internal, non-public CPS records, although I appreciate your concern that in the event of a future investigation, they will see that you were the subject of a prior investigation. CPS records are not accessible to anyone outside CPS, except in the case of an actual prosecution arising out of the events in those records, and then they are only accessible by law enforcement, the prosecutor's office, and the defendant.See question
What will happen if I show up to court without a public defender I don't have my drivers license I'm in the process of getting it.
You won't get another continuance, but if you obtain a driver's license or show evidence of where you are in the process of obtaining one, then there's a decent chance you can negotiate either to get the citation dismissed or modified to a reduced charge, or even receive a PBJ so as not to interfere with your obtaining the license. You should really get a lawyer to do this for you, as any conviction of a traffic offense while trying to get a license may delay you getting one. You need to apply for the PD at least 10 days before your trial date or they won't take you. Some lawyers will work for reduced fees in some cases, so you might also call around.See question
I have to get a possible UA done Tuesday evening and I consumed a shot and a beer around midnight Saturday night.
A standard urinalysis can detect alcohol up to 48 hours after ingestion, but ordinarily will fall within the 12-36 hour range. If the lab performs an EtG test of the urine, then it can catch alcohol use for up to 80 hours (that's why is called the "80 Hour test." "EtG" is an abbreviation for Ethyl Glucuronide, a biomarker that determines whether the body has metabolized any alcohol recently.See question
I know I'm guilty and they proof to back it up. At this point, I want to know what my sentencing will be and how much will be the fines? Also, if it's even worth getting a lawyer? Is there anything I can do to get a lesser sentence (volu...
Consult a lawyer. DC has made a lot of changes over the years to how it prosecutes DUIs. Your BAC result is below the trigger for mandatory jail time, so that's the good news. The bad news is that you are higher than what the prosecutor's generally offer diversion-type deals on, but all is not lost. There are a number of things that can be done, and ways to defend the case as well as limit the consequences. You have several court dates coming up, in addition to license suspension issues. Contact an experienced DC DUI lawyer to get some advice and to navigate through the process.See question
Please forgive my ignorance as a non-attorney. I lost a jury trial as a defendant for a car accident and am surprised about the lack of preparation. There was no communication with the insurance company's lawyer until the night before trial (I nai...
The ONLY time this is a concern is when the judgment obtained exceeds your liability limits, and the risk of that happening was a known risk and the lawyer refused or failed to attempt a settlement within the policy limits. Otherwise, most insurance companies control whether a case settles or not, and it just comes down to how the insurance adjuster values to claim of the plaintiff versus how the plaintiff and his/her lawyer values it. There is usually quite a disparity in valuation, and in Montgomery County, jury verdicts tend to be on the low side on low impact and small dollar cases, so insurance companies often prefer to simply roll the dice and see if they can get away with a low award. In district court where only a judge decides the case, it's really a crap shoot as to which judge you get, as some award on the lower end and others award on the higher end, and you never know who you're going to get until your in trial, as cases are distributed based on who's available and how many cases are on the docket for trial that day.See question
A court granted summary judgment against a plaintiff in a civil case based on numerous issues raised in the motion. The court did not write an opinion or provide any explanation for its decision. There are no opinions, no transcripts, and no heari...
Yes, it would apply, if the same issues and dispute between the same parties were already raised and decided by the prior judgment. The party raising the defense in the subsequent case would bear the burden of showing that the doctrine applies. They can do that by providing copies of the motions filed and the court's order and judgment disposing of the motions. Without more facts, it is not possible to answer whether the doctrine, or another defense, would apply to your circumstances.See question
The defendant claimed to be in Virginia and through false statements got the plaintiff, a MD resident while she was in MD, to send deposit money in his bank account and sign a contract - both were done in MD. Everything was done by email or by mai...
A defendant may be sued where he/she resides, or where the "transaction" or acts which give rise to the claim took place. If a defendant in a suit wants to contest personal jurisdiction, they may do so, but they would have to analyze the facts to determine the strength of their argument. You do not provide enough facts. Also, unless you suffered actual damages or loss as a direct result of the fraud or false statements, you have no claim. In other words, if the contract was complied with (the product, work or services were provided as agreed for the money paid), then lying about where he was physically located may have no bearing whatsoever on anything.See question