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Richard F Kodzis
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Richard Kodzis’s Answers

123 total


  • I was charged with felony theft over $1000 under $10000, will police come pick me up or will I receive a court date in the mail?

    I saw online I got charged with felony theft and I don't know if I'm not at the address they come to pick me up at if they will just send a court date, I'm not sure if they will keep looking or just expect me to show up on my court date

    Richard’s Answer

    Attorney Welsh is correct. In fact since the case shows up online, is most probably is a summons, not a warrant. Now is the time to discuss this matter in a private setting with an attorney.

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  • How long between incidents does there need to be for a DUI to be considered a first offense?

    My husband was pulled over for a DUI in March 2016. His trial was just this week (8/23/16). He was sentenced with a DWI, 1 yr. probation, and 1 weekend in jail. He was pulled over back in 2009 and was given a PBJ. If the lookback period for Maryla...

    Richard’s Answer

    As others have said, there is no "look back period" after which DUIDWI is
    Considered a 1st. He definitely needs an attorney; file for a public defender if he can not afford a private attorney, but don't go it alone. A PD can not. Assist with the MVA consequences .

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  • License sanctions for OWI

    I was convicted of operating while intoxicated (first offense) in Michigan. My BAC was 0.19. I pled to OWI 1st which is a reduced charge comparing to the original charge of high BAC. But I have a Maryland driver license. I was wonder how my driver...

    Richard’s Answer

    Atty Scherr is correct. However, depending upon how the out of state charge is reported to theMVA they may propose to revoke your license - be on the lookout for the notice from MVA. You will be given the option of requesting a hearing or opting into the interlock program

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  • Can a State attorney denied an expungement order granted by a district court Judge ?

    Served and completed an 18months probation in a PBJ entered judgment last year. i filed for early expungement because of severe hardship as a result of in ability renew my CNA license which was granted and the state attorney now sent a motion ...

    Richard’s Answer

    As Attorney Scherr stated, unfortunately a DUI or DWI in Maryland can not be expunged. If it was for a different charge the you should consult with an attorney because the State's motion will set up a contested hearing.

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  • How can I be charged with possession when I had no drugs on me?

    I am being told I could technically be charged for possession of cocaine when I had no contraband on me. Police had told me that they " had evidence" of the contraband, but I have yet to see this "evidence" Is there anything I can do. Please help.

    Richard’s Answer

    As others have said, do not post any additional facts here as this is a public website. Seek a private consultation with an attorney - many of us offer free consultations.

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  • How does a Probation Before Judgment affect my security clearance?

    If I seek and accept a Probation Before Judgement how will that affect my security clearance. I have a charge for second degree assault.

    Richard’s Answer

    I represent a significant number of clients with security clearance issues. Although a PBJ is not a conviction under MARYLAND law, that is virtually irrelevant security clearance wise. I do not practice specifically i that area, but in my previous career I was very much involved. Although I am familiar with the issues, I always refer out the security clearance side to attorneys who either limit their practice to that area, or do a significant amount of practice. It is critical that you speak with an attorney who has an active practice with that area. The nature of the charge, the specific facts, how a person defends it, whether there is probation, etc are areas that must be handled correctly. All is not lost, but address it with proper advice.

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  • What will happen?

    I was arrested with my very first misdemeanor, for theft under $1000, the store is saying APPROXIMATELY $350, They called the police like I was actively stealing but the police didn't find any money on my person or in my belongings, I wasn't irate...

    Richard’s Answer

    If you haven't already you will receive a trial date in the mail. Do not wait until you receive it; contact an attorney now to discuss your options - although jail time is unlikely, it may be possible to fight and beat the charge. If you can not afford a private attorney, apply to the office the public defender not less than ten working days before the court date.

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  • What is the consequence for first time offense juvenile assault and battery if I turn myself in?

    I seen a guy that I thought I had issues with so I hit him from behind and he ran.

    Richard’s Answer

    Both previous answers are correct. Get a consultation with an attorney - public defender or private doesn't matter. Do not post facts about your situation here because this is a public website.

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  • What steps do you take after you have turned yourself in on an fta and you have no bail?

    My fiancé had honestly forgotten that his court date was for the 6th and not the 9th so he missed his court date. This is a traffic case in Baltimore County. He is being charged with driving without a license and requested to be heard by way of ju...

    Richard’s Answer

    Since this is not his first time, realistically, the only way to have a chance to get a bail set is to retain an attorney.

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