My grandsons mom is accusing my son (the father) of spitting in her face and is saying that she filed charges. She isn't saying he hit her only the spitting which is bad enough. She claims to have filed charges on march 5th. However my son spoke to his probation officer on march 8th and she said that he didn't have any warrants at that time. What I want to know is can someone get a warrant for spitting or would it be a summons and if she filed charges on the 5th and got a warrant like she is claiming wouldn't the probation officer have seen the warrant when they spoke on march 8th
No one can say for sure whether the charge will be by warrant or Summons. Typically, one would expect a Summons on these facts, but you do not know what she claims happened. A new charge could result in a violation. You can check Maryland Judiciary Case Search periodically although arrest warrants will not appear there.
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It might be either a warrant or summons. An experienced criminal defense attorney can help your son evaluate defenses and mitigation.
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Spitting could result in a second-degree assault charge. If there was a warrant, it wouldn't have necessarily shown up when he met with his PO on the 8th. As already mentioned, check case search.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
As mentioned before a spitting case could be charged as a second degree assault. It could take a while before it shows up on Maryland Judiciary case search. I would continue to check case search as well as consult an attorney to be ahead of the charges. The attorney if a warrant is issued could file a motion to convert it to a summons.
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