Posts Tagged ‘Annapolis Maryland’
Attorneys Licensed to Practice in Virginia, Maryland, D.C. & Massachusetts
Representing Clients in State and Federal Courts
Stop Worrying… and Let the Lawyers of SRIS, P.C., Start Taking Care of You!
The law firm of SRIS, P.C. is a one-of-a-kind legal entity in legal business and customer service – bringing specialized attorneys in Virginia, Maryland & Massachusetts together with the clients who need their services. Our attorneys are devoted to the highest standards of legal skill and client service, selected with high standards in mind. Contact SRIS, P.C. today for quality, skilled legal help in any of our broad range of practice areas in Virginia, Maryland or Massachusetts.
The Law Offices of SRIS, P.C. primarily handle cases in Criminal Law, Family & Divorce Law & Child Custody, Traffic Law such as Reckless Driving, Driving on Suspended, Speeding Ticket & DUI/DWI/OUI, Immigration, & Bankruptcy.
We also represent clients who have criminal & traffic matters before the Federal Courts of Virginia, Maryland & Massachusetts.
Since our founding in 1997, SRIS, P.C., has grown to include six offices in seven cities spanning three states, with licenses to practice in four states as well as the District of Columbia. Click on the office you are trying to locate and view the directions to that office.
- Fairfax, Virginia
- Fredericksburg, Virginia
- Lynchburg, Virginia
- Manassas, Virginia
- Richmond, Virginia
- Virginia Beach, Virginia
- Annapolis, Maryland
- Rockville, Maryland
- Boston, Massachusetts
What is SRIS, P.C.?
SRIS, P.C., in a manner of speaking, is like a wheel with many spokes. We are a growing law practice serving clients currently with legal matters in three states. Each of our attorneys focuses specifically in one area of law, which ensures that our clients are provided with top notch, in-depth knowledge and experience dealing with whatever legal problems they may have.
In addition, our lawyers are able to practice law without having to worry about bringing in clients – they focus strictly on doing the best they can in every case. Our unique structure also allows us to regulate how many cases each attorney takes on at a time, so our lawyers never have so much work that they can’t provide excellent service to every client, every time.
Expect a High Standard of Legal Service from Our Skilled Attorneys
At SRIS, P.C., our attorneys are chosen carefully, with the client’s best interest in mind. We devote ourselves to a high level of client service, and all of your important legal matters will be handled by your attorney every time - never handed off to an assistant or paralegal. As a rule, we make a sincere effort to respond to all phone calls within 8 hours, maximum. To set up an initial consultation with one of our attorneys for skilled legal help in any of our practice areas, contact SRIS, P.C. by e-mail or by phone.
Our attorneys and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle legal matters only in Virginia, Maryland & Massachusetts.
4008 Williamsburg Court
Fairfax, Virginia 22032
Phone: 703-278-0405
Directions to the Fairfax Office:
From Route 66
Take the Route 50 exit toward Fairfax
Stay in your right lane on Route 50
Route 50 turns into 236 Main Street
From Main street, look for Williamsburg Court on your right.
From the Capitol Beltway, 495:
Take the 236 Exit toward Fairfax
236 is Little River Turnpike
Little River Turnpike turns into Main Street
Continue on Main until you see Williamsburg Court on your left
Office in Fredericksburg, Virginia:
150 Riverside Parkway, Suite 300
Fredericksburg, Virginia 22406
Phone: 703-278-0405
Directions to the Fredericksburg, Virginia Office:
Coming from the North:
From I-95 South
Take exit 133B to merge onto US-17/Warrenton Rd toward Warrenton
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right
Coming from the South:
From I-95 N
Take exit 133 to merge onto US-17/Warrenton Rd toward Warrenton
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right
Coming from the East:
From US-17
Turn right at Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right
Coming from the West:
From US-17
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right
Office in Virginia Beach, Virginia:
College Park Executive Suites
900 Commonwealth Pl, Suite 200
Virginia Beach, Virginia 23464
Phone: 757-512-5002
Directions to the Virginia Beach Office:
From I-264 W:
Merge onto Hampton Roads Belt/I-64 E via the I-64 E exit to Chesapeake/Suffolk
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft
From the Hampton area:
From Hampton Roads Belt/I-64 E via the I-64 E ramp 1
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft
From the Suffolk area:
Head southeast on VA-337/W Washington St toward N Main St/VA-32 s
Turn right at Portsmouth Blvd
Continue on W Military Hwy/US-13 N/US-460 E/US-58 E
Continue straight onto US-13 N
Merge onto Hampton Roads Belt/I-664 S via the I-264 E/I-64/US-13 N ramp to Portsmouth/Norfolk/VA Beach
Merge onto Hampton Roads Belt/I-64 W via the I-64 exit 15B to Chesapeake/VA Beach
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft
From the Chesapeake area:
Liberty St/VA-246
Continue on Border Rd
Turn left at Wingfield Ave
Turn right at Tatemstown Rd
Turn right at Indian River Rd/VA-407 S
Turn right at Level Green Blvd
Turn left at Commonwealth Pl
7400 Beaufont Springs Drive, Suite 300
Richmond, Virginia 23225
Phone: 804-201-9009
Directions to the Richmond Office:
From the Chesterfield Area:
Take VA-150 N toward CHIPPENHAM PKWY/POWHITE PKWY
Take the MIDLOTHIAN TNPK/MIDLOTHIAN exit onto MIDLOTHIAN TPKE(US-60 W)
Turn RIGHT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND
From the Midlothian Area:
Turn MIDLOTHIAN TPKE(US-60)
Turn LEFT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND
From the North:
Take I-95 S toward FREDERICKSBURG
Take exit #79/POWHITE PKWY/CHARLOTTESVILLE onto I-195 S toward 186/POWHITE PKWY (US-60) (Toll applies)
Bear LEFT on VA-76 S (Toll applies)
Take the JAHNKE RD exit onto JAHNKE RD(VA-686 E)
Continue on BOULDERS PKY
Turn LEFT on BEAUFONT SPRINGS DRi
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND
From the South:
Take I-95 N
Take exit #67B/CHIPPENHAM PKWY onto VA-150 N
Take the MIDLOTHIAN TNPK/MIDLOTHIAN exit onto MIDLOTHIAN TPKE(US-60 W)
Turn RIGHT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND
Office in Manassas, Virginia:
8551 Sudley Road
Manassas, Virginia 20110
Phone: (703) 278-0405
Directions to the Manassas Office:
From the Gainesville area:
Head east on Lee Hwy/US-29 N toward Old Linton Hall Rdn
Take the ramp onto I-66 E toward Washington
Merge onto Sudley Rd/VA-234-BR S via the VA-234-BUS/VA-234 N exit 47 to Manassas
Make a U-turn at Impalla Dr
From the Centreville area:
Head west on Lee Hwy/US-29 S toward Old Centreville Rd
Turn left at Old Centreville Rd
Turn left at Centreville Rd/VA-28 S
Turn right at Sudley Rd
From the Fairfax area:
Head south on Chain Bridge Rd/VA-123 toward Sager Ave
Turn right at Judicial Dr
Turn right to stay on Judicial Dr
Turn left at Main St
Continue on Lee Jackson Memorial Hwy/US-50 W
Take the ramp onto I-66 W toward Front Royal
Merge onto Sudley Rd/VA-234-BR S via the VA-234-BUS exit 47A to Manassas
Make a U-turn at Impalla Dr
Lynchburg, Virginia Office:
102 Oakley Ave.
Lynchburg, Virginia 24501
Phone: 434-509-4004
Directions to the Lynchburg, Virginia Office:
From the South:
Merge onto Danville Expy/US-29 N via the ramp to Lynchburg
Continue to follow US-29 N
Continue on US-29-BR N/Wards Rd
Continue to follow Wards Rd
Slight right at US-460-BR
Slight left at Memorial Ave
Turn left at US-221
From the East:
Take VA-24
Turn right to merge onto Charles T Moses Memorial Hwy W/US-460 W/VA-24 W toward Lynchburg
Continue to follow US-460 W
Take the US-460-BUS W/US-501 S/US-501-BUS N exit toward N 29/S Boston
Keep right at the fork, follow signs for Campbell Ave/US-501-BUS N and merge onto Campbell Ave/US-460-BR W/US-501-BR N
Continue to follow US-460-BR W/US-501-BR N
Turn left at 12th Ave
Continue on US-221/US-460-BR
Turn right at US-221/Wythe Rd
Continue to follow US-221
From the West:
Take US-11-ALT E/US-460 E
Continue to follow US-460 E
Exit onto Blue Ridge Ave/US-221 N/US-460-BR E toward VA-43/Bedford
Continue to follow US-221 N/US-460-BR E
Turn left at US-221
Turn right at Lakeside Dr/US-221
Continue to follow US-221
From the North:
Take VA-56
Turn right at VA-151/VA-56
Continue to follow VA-151
Turn right at US-29 S
Exit onto US-29-BR S toward Madison Heights
Take exit 4 to merge onto Stadium Rd
Turn right at Wythe Rd
Continue on US-221
Office in Rockville, Maryland:
1 Research Court, Suite 450
Rockville, Maryland 20850
Phone: 240-399-0304
Directions to the Rockville Office:
From the South:
Take I-95 N
Continue on I-395 N
Merge onto Capital Beltway via the I-495 N exit 170B to Tysons Corner
Slight left at I-270-SPUR N toward Rockville/Frederick
Merge onto I-270 N
Slight right at I-270 Local N toward Montrose Rd
Merge onto W Montgomery Ave via the W Montgomery Ave/MD-28 W exit 6B to Darnestown Turn right at Research Blvd
Turn right at Research Ct
From the North:
US-40 E via the I-270 S/US-40 E/I-70 exit
Continue on I-270 S
Slight right at I-270 Local S toward Shady Grove Rd/Local Lanes
Take the Shady Grove Rd exit 8, keep following signs
Merge onto Shady Grove Rd
Turn left at Research Blvd
Turn left at Research Ct
From the West:
Head southeast on Fisher Ave toward Westerly Ave
Continue on Whites Ferry Rd
Slight right at Darnestown Rd
Continue on Key W Ave
Turn left at Shady Grove Rd
Turn right at Research Blvd
Turn left at Research Ct
From the East:
Take US-29 S
Merge onto Capital Beltway/I-495 W/I-495 Outerloop via the I-495 W ramp to Bethesda/Northern Virginia
Continue straight onto I-270 N toward Frederick
Slight right at I-270 Local N toward Montrose Rd
Merge onto W Montgomery Ave via the W Montgomery Ave/MD-28 W exit 6B to Darnestown
Turn right at Research Blvd
Turn right at Research Ct
Office in Annapolis, Maryland:
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Phone: (240) 399-0304
Directions to the Annapolis Office:
From the South:
Take I-95 N
Merge onto Capital Beltway/I-495 E/I-495 Outerloop/I-95 N via the I-95 N/I-495 E exit to Baltimore
Merge onto US-50 E via exit 19A to Annapolis
Take the MD-178/MD-450 exit 23 to Parole
Take the right fork to MD-450 W/Crownsville and merge onto West St
Continue on MD-450
Turn left at Defense Hwy/MD-450
From the North:
Head northwest on Harrell Rd toward Generals Hwy/MD-178
Turn left at Generals Hwy/MD-178
Turn right at Defense Hwy/MD-450
From the East:
Take US-301 S
Take the MD-450 exit 23B to Crownsville
Turn left at MD-450
Turn left at Defense Hwy/MD-450
From the West:
Take the ramp onto US-50 E toward Annapolis
Take the MD-178/MD-450 exit 23 to Parole
Take the right fork to MD-450 W/Crownsville and merge onto West St
Continue on MD-450
Turn left at Defense Hwy/MD-450
Office in Boston, Massachusetts
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Directions to the Boston Office
From the North:
Merge onto I-93 S toward Boston
Take exit 20B-A toward S Station
Merge onto John F Fitzgerald Surface Rd/Purchase St
Turn right at Summer St
Turn right at High St
Turn left at Federal St
From the South:
Merge onto I-95 N
Take exit 12 to merge onto I-93 N/US-1 N toward Boston
Take exit 20 toward S Station/I-90 W/Worcester
Follow signs for Chinatown/S Station
Turn right at Kneeland St
Kneeland St turns left and becomes Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St
From the West:
Merge onto I-90 E/Massachusetts Turnpike/Mass Pike via the ramp to Boston/Framingham (Partial toll road)
Take exit 24 A-B-C on the left toward I-93 S/Quincy/S Station/Concord NH/I-93 N
Take exit 24A for S Station
Keep left at the fork to continue toward Atlantic Ave and merge onto Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St
From the East:
Merge onto RT-3 N via the ramp to Boston/Points N
Continue on SE Expy/I-93 N/RT-3 N/US-1 N
Take exit 20 toward S Station/I-90 W/Worcester
Follow signs for Chinatown/S Station
Turn right at Kneeland St
Kneeland St turns left and becomes Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St
MARYLAND CRIMINAL APPELLATE ATTORNEYS
WRITS & APPEALS – POST CONVICTION RELIEF IN MARYLAND
When a loved one is convicted of an offense that you know they did not do, or even if you think you have been convicted of an offense due to an error by the court or the lawyer handling your case, the uncertainty can be emotionally devastating. This is where we can help. Contact our Maryland criminal appellate attorneys and begin by telling us the following:
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why you think the conviction should not have occurred;
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what steps you took to prevent the conviction from happening;
Once you give our Maryland criminal appellate lawyers some basic information, we will tell you whether we can attempt to help or not. If we think, we can help you, then we will ask you to gather all the documentation in regards to your case and then retain our services to review the file and tell you whether we think you definitely should file an appeal or not.
If you would like to learn more information about our Maryland criminal appeals’ team, please feel free to call our office via our toll free number. You can also contact a SRIS, P.C. Maryland criminal appellate attorney by sending us an e-mail or by filling out our on-line form. We have two offices in Maryland to better serve you.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
The Maryland criminal appellate lawyers of SRIS, P.C file writs and appeals in Maryland state and federal courts. We routinely tell people who want to file a writ or an appeal that TIME IS OF THE ESSENCE. Our Maryland criminal appeal lawyers tell our clients that if all the steps of a writ or an appeal are not handled in a timely manner, then the client may never be able to find justice. The Maryland state and federal courts place severe deadlines on people who wish to file an appeal. Also, there is a tremendous amount of information that has to be gathered to prepare a criminal case for an appeal.
To learn more about the laws pertaining to criminal appeals & writs in Virginia or Massachusetts, please click on the state.
The following are some of the Maryland Appellate and Post Conviction Laws.
If you would like to have a better understanding of these Laws, please click on any of the following issues:
Maryland Post Conviction Relief
Maryland Code § 7-102. Right to begin proceeding (top)
(a) Subject to subsection (b) of this section, §§ 7-103 and 7-104 of this subtitle and Subtitle 2 of this title, a convicted person may begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time if the person claims that:
(1) the sentence or judgment was imposed in violation of the Constitution of the United States or the Constitution or laws of the State;
(2) the court lacked jurisdiction to impose the sentence;
(3) the sentence exceeds the maximum allowed by law; or
(4) the sentence is otherwise subject to collateral attack on a ground of alleged error that would otherwise be available under a writ of habeas corpus, writ of Coram nobis, or other common law or statutory remedy.
(b) A person may begin a proceeding under this title if:
(1) the person seeks to set aside or correct the judgment or sentence; and
(2) the alleged error has not been previously and finally litigated or waived in the proceeding resulting in the conviction or in any other proceeding that the person has taken to secure relief from the person’s conviction.
Maryland Code § 7-109. Appeal of final order (top)
(a) Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Court of Special Appeals for leave to appeal the order.
(b)(1) The application for leave to appeal shall be in the form set by the Maryland Rules.
(2) If the Attorney General or a State’s Attorney states an intention to file an application for an appeal under this section, the court may:
(i) stay the order; and
(ii) set bail for the petitioner.
(3) If the application for leave to appeal is granted:
(i) the procedure for the appeal shall meet the requirements of the Maryland Rules; and
(ii) the Court of Special Appeals may:
1. affirm, reverse, or modify the order appealed from; or
2. remand the case for further proceedings.
(4) If the application for leave to appeal is denied, the order sought to be reviewed becomes final.
(c) The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:
(1) a person seeks a review under this section within 30 days after judgment;
(2) the Court of Special Appeals grants leave to appeal under this section; and
(3) the Court of Special Appeals finds that the person is unable to pay the costs of the review.
RULE 4-402. PETITION (top)
(a) Content. The petition shall state whether or not petitioner is able to pay costs of the proceeding or to employ counsel and shall include:
(1) The petitioner’s name, place of confinement, and inmate identification number.
(2) The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed.
(3) The allegations of error upon which the petition is based
(4) A concise statement of facts supporting the allegations of error
(5) The relief sought.
(6) A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon.
(7) A statement of the facts or special circumstances which show that the allegations of error have not been waived.
Maryland Code § 7-108. Right to counsel and hearing (top)
(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
(b)(1) If a person seeks to reopen a post conviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2) If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:
(i) appoint counsel;
(ii) hold a hearing; or
(iii) act on the petition.
Do you believe that justice was done? Do you think that you were mistakenly found guilty of a crime? Are you interested in finding out whether a criminal charge against yourself or a loved one can be reversed? Contact a SRIS, P.C. criminal appeal lawyer to see what options you may have. Send us an e-mail or fill out our on-line form.
The Maryland criminal appeals attorneys and Law Offices of SRIS, P.C., is located in Rockville and Annapolis but our sphere of activity is statewide.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND LARCENY ATTORNEYS
DEFENDING MARYLAND LARCENY/MARYLAND THEFT/MARYLAND SHOPLIFTING/MARYLAND CREDIT CARD FRAUD/MARYLAND EMBEZZLEMENT CHARGES
MARYLAND MISDEMEANOR AND FELONY THEFT DEFENSE
The penalty for a crime of mortal turpitude extends far beyond the conviction. A crime of moral turpitude is lying cheating or stealing in general. Almost every job that involves the handling of money asks whether you have been convicted of a theft crime. Institutions of higher learning do the same. Answer yes to these questions and you probably will not like the result. Theft of a even something so inexpensive as a candy bar whether you are juvenile or an adult can have dire results in regards to your future. The Maryland larceny defense attorneys in our Maryland offices who help defend clients charged with Maryland theft offenses recognize the implication of being convicted of a Maryland larceny offense. If you have been charged with a Maryland theft offense, the Maryland law offices of SRIS, P.C. have a number of excellent Maryland larceny & Maryland shoplifting attorneys & Maryland embezzlement defense lawyers in its offices in Rockville & Baltimore. For more information or to make an appointment with SRIS, P.C. Maryland larceny lawyer, please call, send an e-mail or complete the on-line form, or call us at our toll free number.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of larceny, shoplifting, and embezzlement defense, please click here.
To learn more about the laws pertaining to larceny, shoplifting, and embezzlement in Virginia or Massachusetts, please click on the state.
The following are some of the different types of larceny charges one could face in the State of Maryland. Click on the issue you would like to learn more about:
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Rules of construction
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Unauthorized removal of property
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Prosecution as theft
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Failure to deliver documents for merchandise
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Using vehicle without owner’s consent
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Misappropriation by bailee
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Defalcation
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Fraud, theft, and related crimes
MARYLAND LARCENY
CRIMES INVOLVING THEFT (LARCENY)
MD Larceny Code, Criminal Law § 7-102. Rules of construction (top)
Interpretation of part
(a) Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as:
(1) larceny;
(2) larceny by trick;
(3) larceny after trust;
(4) embezzlement;
(5) false pretenses;
(6) shoplifting; and
(7) receiving stolen property.
MD Larceny Code § 7-203. Unauthorized removal of property (top)
Prohibited
(a) Without the permission of the owner, a person may not enter or be on the premises of another, and take and carry away from the premises or out of the custody or use of the other, or the other’s agent, or a governmental unit any property, including:
(1) a vehicle;
(2) a motor vehicle;
(3) a vessel; or
(4) livestock.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction:
(1) is subject to imprisonment for not less than 6 months and not exceeding 4 years or a fine not less than $50 and not exceeding $100 or both; and
(2) shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property.
Prohibited defense
(c) It is not a defense to this section that the person intends to hold or keep the property for the person’s present use and not with the intent of appropriating or converting the property.
MD Larceny Code § 7-107. Bad checks–Prosecution as theft (top)
Scope of section
(a) A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:
(1) makes a false representation that there are sufficient funds in the drawer bank to cover the check; and
(2) commits deception as provided under § 7-104(b) or (e) of this part.
Presumptions
(b) If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.
MD Larceny Code § 7-116. Failure to deliver documents for merchandise (top)
Scope of section
(a) This section applies to a person who is entrusted with money as an advance against grain or other merchandise:
(1) that is purchased and stored in an elevator; and
(2) for which a certificate or receipt has been delivered to an official of the elevator storage facility or to the party with whom the grain or other merchandise is stored for shipment and transport to the purchaser.
Prohibited
(b) A person may not, for the person’s own benefit and in bad faith, fail to deliver to the party who entrusted the person with money under the circumstances described in subsection (a) of this section as soon as the shipment of grain or other merchandise is completed and the bill of lading is delivered to the purchaser:
(1) the draft or bill of exchange and other document required for shipment of the cargo of grain or other merchandise; and
(2) any policy of insurance on the grain or other merchandise.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both.
Statute of limitations and in banc review
(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.
MD Larceny Code, Transportation, § 14-102. Using vehicle without owner’s consent (top)
(a) A person may not drive any vehicle without the consent of its owner and with intent to deprive the owner temporarily of his possession of the vehicle, even if without intent to steal it.
(b) A person may not take a vehicle without the consent of the owner of the vehicle and with the intent to deprive the owner temporarily of the owner’s possession of the vehicle, even if without the intent to steal the vehicle.
(c) The consent of the owner of a vehicle to the driving or taking of the vehicle may not in any case be presumed or implied because of the owner’s consent on a previous occasion to the driving or taking of the vehicle by the same or a different person.
MD Larceny Code § 7-202. Misappropriation by bailee (top)
Prohibited
(a) A bailee for hire, or a servant, agent, or employee of the bailee, may not willfully appropriate and use, or allow the appropriation and use of, any property that is the subject matter of the bailment without the consent of the owner of that property.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.
MD Larceny Code § 7-114. Defalcation (top)
Prohibited
(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:
(1) 60 days after the date specified by law for the revenue officer to make payment; or
(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.
Penalty
(c)(1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.
(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:
(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and
(ii) is subject to any other penalty provided by law.
Statute of limitations and in banc review
(d) A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.
Evidence(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.
MD Larceny Code § 1-401. Proof of intent–Fraud, theft, and related crimes (top)
In a trial for counterfeiting, issuing, disposing of, passing, altering, stealing, embezzling, or destroying any kind of instrument, or theft by the obtaining of property by false pretenses, it is sufficient to prove that the defendant did the act charged with an intent to defraud without proving an intent by the defendant to defraud a particular person.
The Maryland larceny attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore but our sphere of activity is statewide. Our Maryland Larceny & Maryland Embezzlement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C. Maryland theft defense lawyer, please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND DIVORCE ATTORNEYS
HANDLING BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCES
When a person is either going through a divorce or preparing to go through a divorce, the person tends to be very emotionally distraught. A big reason for that is a lack of knowledge about what to expect. Our Maryland divorce attorneys are here to help you with understanding Maryland divorce law and representation if needed. After you read this, if you wish to contact us for additional help regarding a Maryland divorce, please feel free to contact us by phone, email, or our fast on line form . The Maryland divorce attorneys of SRIS, P.C. have offices in Rockville and Baltimore. Our Maryland divorce lawyers are experienced at helping people who are going through a divorce in Maryland. We can help you regardless of whether your Maryland divorce is contested or uncontested. Complicated or simple. If you wish to consult a SRIS, P.C. Maryland divorce attorney, please simply contact us via e-mail or by filling out our on-line form. A Maryland divorce lawyer of SRIS, P.C. will gladly consult with you regarding your matter.
To obtain a general overview of divorce laws, please click here.
To learn more about the laws pertaining to divorce laws in Virginia or Massachusetts, please click on the state.
The following are some of the Maryland Divorce laws. Click on any of the issues you light be interested in learning more about:
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Termination of alimony
- Amount of award; duration
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Limited divorce
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Absolute divorce
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Determination of property ownership
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Determination of marital property
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Monetary award
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Determination of family home and family use personal property
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Possession and use of family home and family use personal property
- Deeds, agreements, and settlements valid
Maryland Code, Family Law, § 11-108- Termination of alimony (top)
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
Maryland Code, Family Law, § 11-106. Amount of award; duration (top)
Court to make determination
(a)(1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the conclusion of the period of the award of alimony, no further alimony shall accrue.
Factors considered
(b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under §§ 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and
(iv) the right of each party to receive retirement benefits; and
(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
Award for indefinite period
(c) The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
Maryland Code, Family Law, § 7-102. Limited divorce (top)
Grounds for limited divorce
(a) The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.
Attempts at reconciliation
(b) As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.
Time during which decree is effective
(c) The court may decree a divorce under this section for a limited time or for an indefinite time.
Revocation of decree
(d) The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties
Decree of limited divorce on prayer for absolute divorce
(e) If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
Maryland Code, Family Law, § 7-103. Absolute divorce (top)
Grounds for absolute divorce
(a) The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) voluntary separation, if:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation;
(4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
(6) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
Recrimination
(b) Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (8) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.
Res judicata
(c) Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 2-year separation.
Condonation
(d) Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.
Effect of a limited divorce on bill of complaint for absolute divorce
(e)(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.
Maryland Code, Family Law, § 8-202. Determination of property ownership (top)
Determination of ownership
(a)(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
Decree and order
(b) When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
Maryland Code, Family Law, § 8-203. Determination of marital property (top)
Determination of marital property
(a) In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.
Consideration of military pension
(b) In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
Maryland Code, Family Law, § 8-205. Monetary award (top)
Grant of award or transfer ownership of an interest in property
(a)(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties; and
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties.
Required considerations
(b) The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;
(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.
Award reduced to judgment
(c) The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
Maryland Code, Family Law, § 8-207. Determination of family home and family use personal property (top)
Determination
(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.
Modification
(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
Certain property to be treated as marital property
(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
Maryland Code, Family Law, § 8-208. Possession and use of family home and family use personal property (top)
Award of possession and use
(a)(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.
Required considerations
(b) In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8- 207 through 8-213 of this subtitle.
Allocation of financial responsibilities
(c) The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
Principal residence for tax purposes
(d) An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.
Maryland Code, Family Law, § 8-101. Deeds, agreements, and settlements valid (top)
Deed or agreement
(a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
Settlement
(b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
Our Maryland divorce attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with a SRIS, P.C. Maryland divorce lawyer, please call, send an email or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND DRIVING ON SUSPENDED LICENSE DEFENSE
DEFENDING DRIVING ON SUSPENDED LICENSE & REVOKED LICENSE CHARGES IN MARYLAND
If you are charged with driving on a suspended license, revoked license or no operator’s license in Maryland, we hope this page will give you some information as to how the laws of Maryland may apply to you. This is the Maryland Driving on Suspended License (DOS), Revoked License, and No Operator’s License (NOL) laws Information Page sponsored by SRIS, P.C. The Maryland Law Offices of SRIS, P.C. have two offices in Maryland to better server you. The offices are in Rockville and Annapolis , Maryland. If you wish to consult a SRIS, P.C. Maryland driving on suspended lawyer who assists client who have been charged with Driving on Suspended License, Driving on Revoked License or No Operator’s License, please simply contact us via our toll free number,e-mail or by filling out our on-line form. You will then be promptly contacted by our of our experienced Maryland attorneys who will advise you as to how they can best assist you.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of driving on suspended or driving on revoked licenses, please click here.
To learn more about the laws pertaining to driving on suspended or driving on revoked licenses in Virginia or Massachusetts, please click on the state.
The following are some of the different types of driving on suspended license or driving on a revoked license law in the State of Maryland. Click on any of these laws to learn more about them.
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Driving with canceled privileges prohibited
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Suspended foreign license; driver prohibited
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Reinstatement of driving privileges; costs
MD Code, Transportation, § 16-303- Driving with canceled privileges prohibited (top)
(a) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is refused in this State or any other state.
(b) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is canceled in this State.
(c) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended in this State.
(d) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is revoked in this State.
(e) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is canceled.
(f) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is suspended.
(g) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is revoked.
(h) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended under § 17-106, § 26-204, § 26-206, or § 27-103 of this article.
(i)(1) This subsection applies only to a person whose license or privilege to drive is suspended under the traffic laws or regulations of another state for:
(i) Failure to comply with a notice to appear in a court of that state contained in a traffic citation issued to the person; or
(ii) Failure to pay a fine for a violation of any traffic laws or regulations of that state.
(2) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended under the traffic laws or regulations of any other state as described in paragraph (1) of this subsection.
(j)(1) Except as provided in paragraph (2) of this subsection, any individual who violates a provision of this section shall be assessed the points as provided for in § 16-402(a)(30) of this title.
(2) Any individual who violates a provision of subsection (h) or subsection (i) of this section shall be assessed the points as provided for in § 16- 402(a)(11) of this title.
MD Code, Transportation, § 16-211. Suspended foreign license; driver prohibited (top)
(a) An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(b) An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(c) An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(d) An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(e) An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(f) An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
MD Code, Transportation,§ 16-209. Reinstatement of driving privileges; costs (top)
(a) On filing an application for a new license or for reinstatement of the privilege to drive, any individual whose license or privilege to drive has been revoked, shall pay to the Administration a fee established by the Administration.
(b) If the applicant’s license was revoked as a result of a conviction under § 21-902 of this article or a violation of an alcohol restriction, the applicant shall pay a fee established by the Administration in addition to the amount charged under subsection (a) of this section.
Our Maryland driving on suspended attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND EXPUNGEMENT ATTORNEYS
Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of expungement laws, please click here
To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.
The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.
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What is an Expungement?
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How do you get a charge expunged?
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Expungement of police record when no charge is filed
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Expungement of record after charge is filed
- Expungement of criminal charge transferred to juvenile court
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Expungement of driving record
EXPUNGEMENT LAWS
MD Code, Criminal Procedure, § 10-101 Definitions (top)
(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
MD Code, Criminal Procedure, § 10-102. Scope (top)
(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.
MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)
(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.
MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article
MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)
(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.
MD Code, Transportation, § 16-117.1. Expungement of driving record (top)
(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.
Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND EXPUNGEMENT ATTORNEYS
Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of expungement laws, please click here
To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.
The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.
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What is an Expungement?
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How do you get a charge expunged?
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Expungement of police record when no charge is filed
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Expungement of record after charge is filed
- Expungement of criminal charge transferred to juvenile court
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Expungement of driving record
EXPUNGEMENT LAWS
MD Code, Criminal Procedure, § 10-101 Definitions (top)
(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
MD Code, Criminal Procedure, § 10-102. Scope (top)
(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.
MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)
(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.
MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article
MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)
(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.
MD Code, Transportation, § 16-117.1. Expungement of driving record (top)
(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.
Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND DRUG DEFENSE ATTORNEYS
DEFENDING DRUG CHARGES IN MARYLAND
In every state, the illicit possession of controlled substances is illegal. Our Maryland drug defense lawyers defend clients charged with the illicit possession of controlled substances. The Maryland drug defense attorneys & possession of controlled substance defense lawyers have offices in Rockville and Annapolis to better serve you. For more information or to make an appointment with SRIS, P.C. Maryland drug lawyer, please call, send an e-mail or complete the on-line form
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ANNAPOLIS OFFICE: |
ROCKVILLE OFFICE: |
To obtain a general overview of criminal drug defense, please click here.
To learn more about the laws pertaining to criminal drug defense in Virginia or Massachusetts, please click on the state.
By clicking on a link below, you will see how each of these are defined by the State of Maryland Code:
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Administer
Agent
Authorized provider
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Controlled paraphernalia
Drug paraphernalia
Marijuana
Narcotic drug
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Noncontrolled substance
Opiate
Prescription drug
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The following are some of the different types of drug charges one could face in the State of Maryland:
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MD Code, Criminal Law § 5-101. Definitions
In general
(a) In this title the following words have the meanings indicated.
(b) “Administer” means to introduce a substance into the system of a human or animal by injection, inhalation, ingestion, application to the skin, or any combination of those methods or by any other means.
(c)(1) “Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.
(2) “Agent” does not include:
(i) a common carrier, contract carrier, or public warehouseman; or
(ii) an employee of a common carrier, contract carrier, or public warehouseman.
(d)(1) “Authorized provider” means:
(i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or
(ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research.
(2) “Authorized provider” includes a scientific investigator and an individual authorized by the State to practice medicine, dentistry, or veterinary medicine.
Controlled paraphernalia (top)
(g) “Controlled paraphernalia” means:
(1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection;
(2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or
(3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.
(o)(1) “Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in:
(i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or
(ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title.
(2) “Drug paraphernalia” includes:
(i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
(ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance;
(iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance;
(iv) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled dangerous substance;
(v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance;
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance;
(vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance;
(ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance;
(x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance;
(xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and
(xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, hashish head, or punctured metal bowl;
2. a water pipe;
3. a carburetion tube or device;
4. a smoking or carburetion mask;
5. an object known as a roach clip used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
6. a miniature spoon used for cocaine and cocaine vials;
7. a chamber pipe;
8. a carburetor pipe;
9. an electric pipe;
10. an air-driven pipe;
11. a chillum;
12. a bong; and
13. an ice pipe or chiller.
(q)(1) “Marijuana” means:
(i) all parts of any plant of the genus Cannabis, whether or not the plant is growing;
(ii) the seeds of the plant;
(iii) the resin extracted from the plant; and
(iv) each compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.
(2) “Marijuana” does not include:
(i) the mature stalks of the plant;
(ii) fiber produced from the mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) except for resin, any other compound, manufactured product, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
(v) the sterilized seed of the plant that is incapable of germination.
(r)(1) “Narcotic drug” means a substance:
(i) that has been found to present an extreme danger to the health and welfare of the community because of addiction-forming and addiction-sustaining qualities;
(ii) that is:
1. an opiate;
2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or
3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and
(iii) that is produced:
1. directly or indirectly by extraction from substances of vegetable origin;
2. independently by chemical synthesis; or
3. by a combination of extraction and chemical synthesis.
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.
(s) “Noncontrolled substance” means a substance that is not classified as a controlled dangerous substance under Subtitle 4 of this title.
(t)(1) “Opiate” means a substance that has an addiction-forming or addiction- sustaining quality similar to morphine or that can be converted into a drug that has this addiction-forming or addiction-sustaining quality.
(2) “Opiate” includes:
(i) the racemic and levorotatory forms of an opiate;
(ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.;
(iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and
(iv) coca leaf.
(3) “Opiate” does not include, unless specifically designated as controlled under § 5-202 of this title, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).
(v)(1) “Prescription drug” means a drug that:
(i) is intended to be used by an individual; and
(ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use:
1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or
2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug.
(2) “Prescription drug” does not include a controlled dangerous substance.
§ 5-601. Possessing or administering controlled dangerous substance (top)
In general
(a) Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) the counterfeiting or alteration of a prescription or a written order;
(iii) the concealment of a material fact;
(iv) the use of a false name or address;
(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(vi) making, issuing, or presenting a false or counterfeit prescription or written order.
Information not privileged
(b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.
Penalty
(c)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.
(2) A person whose violation of this section involves the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(3)(i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of th is section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.
§ 5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance (top)
Except as otherwise provided in this title, a person may not:
(1) manufacture, distribute, or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to manufacture, distribute, or dispense a controlled dangerous substance.
§ 5-603. Equipment to produce controlled dangerous substance
Except as otherwise provided in this title, a person may not manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance in violation of this title.
§ 5-604. Counterfeit substance (top)
“Counterfeit substance” defined
(a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that:
(1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and
(2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.
Prohibited–In general
(b) Except as otherwise provided in this title, a person may not:
(1) create or distribute a counterfeit substance; or
(2) possess a counterfeit substance with intent to distribute it.
Prohibited–Equipment to create counterfeit substance
(c) Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.
§ 5-606. False prescription (top)
Prohibited
(a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance.
Information not privileged
(b) Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.
§ 5-607. Penalties–Certain crimes (top)
In general
(a) Except as provided in §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
Repeat offender
(b)(1) A person who has been convicted previously under subsection (a) of this section shall be sentenced to imprisonment for not less than 2 years.
(2) The court may not suspend the mandatory minimum sentence to less than 2 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
§ 5-608. Penalties–Narcotic drug (top)
In general
(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.
Second time offender
(b)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle; or
(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State.
(2) The court may not suspend the mandatory minimum sentence to less than 10 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
(4) A person convicted under subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8-507 of the Health– General Article because of the length of the sentence.
Third time offender
(c)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 if the person previously:
(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5-609 of this subtitle, or § 5-614 of this subtitle; and
(ii) has been convicted twice, if the convictions arise from separate occasions:
1. under subsection (a) of this section or § 5-609 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;
3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; or
4. of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 25 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
(4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.
Fourth time offender
(d)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions:
(i) under subsection (a) of this section or § 5-609 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-609 of this subtitle;
(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-609 of this subtitle if committed in this State; or
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 40 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
§ 5-609. Penalties–Selected Schedule I and II hallucinogenic substances (top)
In general
(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both:
(1) phencyclidine;
(2) 1-(1-phenylcyclohexyl) piperidine;
(3) 1-phenylcyclohexylamine;
(4) 1-piperidinocyclohexanecarbonitrile;
(5) N-ethyl-1-phenylcyclohexylamine;
(6) 1-(1-phenylcyclohexyl)-pyrrolidine;
(7) 1-(1-(2-thienyl)-cyclohexyl)-piperidine;
(8) lysergic acid diethylamide; or
(9) 750 grams or more of 3, 4-methylenedioxymethamphetamine (MDMA).
Second time offender
(b)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 10 years and is subject to a fine not exceeding $100,000 if the person previously has been convicted once:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or
(iv) of any combination of these crimes.
(2) The court may not suspend the mandatory minimum sentence to less than 10 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
(4) A person convicted under subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8-507 of the Health– General Article because of the length of the sentence.
Third time offender
(c)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 25 years and is subject to a fine not exceeding $100,000 if the person previously:
(i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5-608 of this subtitle, or § 5-614 of this subtitle; and
(ii) if the convictions do not arise from a single incident, has been convicted twice:
1. under subsection (a) of this section or § 5-608 of this subtitle;
2. of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or
4. of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 25 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
(4) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.
Fourth time offender
(d)(1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section shall be sentenced to imprisonment for not less than 40 years and is subject to a fine not exceeding $100,000 if the person previously has served three separate terms of confinement as a result of three separate convictions:
(i) under subsection (a) of this section or § 5-608 of this subtitle;
(ii) of conspiracy to commit a crime included in subsection (a) of this section or § 5-608 of this subtitle;
(iii) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5-608 of this subtitle if committed in this State; or
(iv) of any combination of these crimes.
(2) The court may not suspend any part of the mandatory minimum sentence of 40 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
Unlawful amounts
(a) A person may not manufacture, distribute, dispense, or possess:
(1) 50 pounds or more of marijuana;
(2) 448 grams or more of cocaine;
(3) 448 grams or more of any mixture containing a detectable amount of cocaine;
(4) 50 grams or more of cocaine base, commonly known as “crack”;
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(6) any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7) 1,000 dosage units or more of lysergic acid diethylamide;
(8) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(9) 16 ounces or more of phencyclidine in liquid form;
(10) 448 grams or more of any mixture containing phencyclidine;
(11) 448 grams or more of methamphetamine; or
(12) any mixture containing 448 grams or more of methamphetamine.
Aggregation of amounts
(b) For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90-day period.
Enhanced penalty
(c)(1) A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.
(2) The court may not suspend any part of the mandatory minimum sentence of 5 years.
(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
“Drug kingpin” defined
(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance.
Drug kingpin conspiracy; penalty
(b)(1) A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5-612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both.
(2) A court may not suspend any part of the mandatory minimum sentence of 20 years.
(3) The person is not eligible for parole during the mandatory minimum sentence.
Ultimate distributing or dispensing elsewhere not a defense
(c) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction.
Merger
(d) Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy.
Probation before judgment
(e) The provisions of § 6-220 of the Criminal Procedure Article do not apply to a conviction under this section.
Construction of section
(f) This section does not:
(1) prohibit a court from imposing an enhanced penalty under § 5-905 of this title; or
(2) preclude or limit a prosecution for any other crime.
§ 5-614. Importer of certain controlled dangerous substances (top)
Unlawful amounts
(a)(1) Unless authorized by law to possess the substance, a person may not bring into the State:
(i) 45 kilograms or more of marijuana;
(ii) 28 grams or more of cocaine;
(iii) any mixture containing 28 grams or more of cocaine;
(iv) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(v) 1,000 dosage units of lysergic acid diethylamide;
(vi) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(vii) 28 grams or more of phencyclidine in liquid or powder form;
(viii) 112 grams or more of any mixture containing phencyclidine;
(ix) 1,000 dosage units or more of methaqualone;
(x) 28 grams or more of methamphetamine;
(xi) any mixture containing 28 grams or more of methamphetamine; or
(xii) 4 grams or more of fentanyl or a fentanyl analogue.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.
Unlawful–Smaller amounts of marijuana
(b)(1) Unless authorized by law to possess the marijuana, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of marijuana.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both
§ 5-617. Distributing faked controlled dangerous substance (top)
In general
(a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance:
(1) that the person represents as a controlled dangerous substance;
(2) that the person intends for use or distribution as a controlled dangerous substance; or
(3) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.
Considerations
(b) To determine if a person has violated this section, the court or other authority shall include in its consideration:
(1) whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;
(2) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
Belief not a defense
(d) It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.
§ 5-618. Possession or purchase of noncontrolled substance (top)
In general
(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.
Considerations
(b) To determine if a person has violated this section, the court shall include in its consideration:
(1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
Reasonable belief not a defense
(c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
§ 5-619. Drug paraphernalia (top)
Factors to determine drug paraphernalia
(a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors:
(1) any statement by an owner or a person in control of the object concerning its use;
(2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;
(3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;
(4) a residue of a controlled dangerous substance on the object;
(5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;
(6) any instructions, oral or written, provided with the object concerning its use;
(7) any descriptive materials accompanying the object that explain or depict its use;
(8) national and local advertising concerning use of the object;
(9) the manner in which the object is displayed for sale;
(10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;
(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12) the existence and scope of legitimate uses for the object in the community; and
(13) expert testimony concerning use of the object.
Finding of intention or design–Innocence of owner not dispositive
(b) The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
Use or possession with intent to use; penalty
(c)(1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:
(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.
(4)(i) In a prosecution under this subsection involving drug paraphernalia related to marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, on conviction of a violation of this subsection, the maximum penalty that the court may impose on the person is a fine not exceeding $100.
Delivery or sale; penalty
(d)(1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:
(i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or
(ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
(4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.
Advertising; penalty
(e)(1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.
§ 5-620. Controlled paraphernalia (top)
Prohibited
(a) Unless authorized under this title, a person may not:
1) obtain or attempt to obtain controlled paraphernalia by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) counterfeiting a prescription or a written order;
(iii) concealing a material fact or the use of a false name or address;
(iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(v) making or issuing a false or counterfeit prescription or written order; or
(2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.
Evidence of unlawful intent
(b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, administer, distribute, or dispense controlled dangerous substances, including:
(1) a scale;
(2) a sieve;
(3) a strainer;
(4) a measuring spoon;
(5) staples;
(6) a stapler;
(7) a glassine envelope;
(8) a gelatin capsule;
(9) procaine hydrochloride;
(10) mannitol;
(11) lactose;
(12) quinine; and
(13) a controlled dangerous substance.
Information not privileged
(c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.
Penalty
(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.
(2) A person who violates this section involving the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
§ 5-621. Use of weapon as separate crime (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5-602 through 5-609 and 5-614 of this article.
(3) “Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.
Prohibited
(b) During and in relation to a drug trafficking crime, a person may not:
(1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or
(2) use, wear, carry, or transport a firearm.
Penalty
(c)(1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or
(ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.
(2)(i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.
(ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.
(3)(i) A court may not suspend any part of a mandatory minimum sentence.
(ii) Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole.
(iii) A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime.
Enhanced sentence
(d)(1)(i) In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm.
(ii) “Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.
(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:
(i) listed in § 4-301 of this article or § 5-101 of the Public Safety Article;
(ii) a machine gun; or
(iii) equipped with a firearm silencer.
Forfeiture of firearm
(e)(1) A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.
(2) Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:
(i) the owner or possessor of the property seized is acquitted; or
(ii) the charges against the person are dismissed.
(3) Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:
(i) enters a nolle prosequi against the owner or possessor of property seized; and
(ii) does not charge the person within 90 days after the nolle prosequi is entered.
§ 5-623. Proceeds of drug crime
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Drug crime” means:
(i) a crime under this title; or
(ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State.
(3) “Financial transaction” means:
(i) a payment;
(ii) a purchase;
(iii) a sale;
(iv) a loan;
(v) a pledge;
(vi) a transfer;
(vii) a delivery;
(viii) a deposit;
(ix) a withdrawal; or
(x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.
(4) “Monetary instrument” means:
(i) coin or currency of the United States or any other country;
(ii) a bank check;
(iii) a travelers’ check;
(iv) a money order;
(v) an investment security; or
(vi) a negotiable instrument.
(5) “Proceeds” means money or any other property with a value exceeding $10,000.
Prohibited
(b) Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:
(1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime;
(2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;
(3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;
(4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or
(5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to:
(1) for a first violation:
(i) imprisonment not exceeding 5 years;
(ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or
(iii) both; or
(2) for each subsequent violation:
(i) imprisonment not exceeding 10 years;
(ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or
(iii) both.
Separate violation
(d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.
§ 5-624. Drug-induced conduct (top)
“Drug” defined
(a) In this section, “drug” does not include alcohol.
Prohibited
(b) A person may not administer a controlled dangerous substance or other drug to another without that person’s knowledge and commit against that other:
(1) a crime of violence as defined in § 14-101 of this article; or
(2) a sexual offense in the third degree under § 3-307 of this article.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.
Sentencing
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.
§ 5-627. Controlled dangerous substance near school (top)
Prohibited
(a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5-602 of this subtitle or conspire to commit any of these crimes:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.
Application of subsection (a)
(b) Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.
Penalty
(c)(1) A person who violates this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or
(ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both.
(2)(i) The court may not suspend the 5-year minimum sentence required by paragraph (1)(ii) of this subsection.
(ii) Except as otherwise provided in § 4-305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5-year minimum sentence.
(3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.
Merger
(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-628 of this subtitle.
Map as evidence
(e)(1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.
(2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.
(3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.
(4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.
(5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.
Prohibited
(a)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance.
(ii) This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose.
(2) A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5- 627 of this subtitle.
Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.
§ 5-701. Dispensing prescription drug (top)
Scope of section
(a) Sections 5-701 through 5-704 of this subtitle apply to:
(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and
(2) an authorized provider’s assistant who is not licensed to administer prescription drugs.
Prohibited–Dispensing not on prescription
(b) A person may not dispense a prescription drug except:
(1) on an authorized provider’s:
(i) written prescription; or
(ii) oral prescription that the pharmacist reduces to writing and files; or
(2) by refilling a written or oral prescription that is authorized:
(i) by the authorized provider in the original prescription; or
(ii) by oral direction that the pharmacist reduces to writing and files.
Prohibited–Without required label
(c) A person may not dispense a prescription drug by filling or refilling a written or oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:
(1) the name and address of the dispenser;
(2) the serial number and date of the prescription;
(3) the name of the authorized provider; and
(4) if stated in the prescription, the name and address of the patient and the directions for use.
Other prohibited acts
(d) Except as otherwise provided under this title, a person may not:
(1) manufacture, distribute, or possess with intent to distribute a prescription drug;
(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or
(4) obtain or attempt to obtain a prescription drug by:
(i) fraud, deceit, or misrepresentation;
(ii) the counterfeiting or altering of a prescription or written order;
(iii) concealing a material fact;
(iv) using a false name or address;
(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
(vi) making or issuing a false or counterfeit prescription or written order.
Penalty
(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
For more information or to make an appointment with a SRIS, P.C. Maryland Drug Defense Attorney, please call, send an e-mail or complete the on-line form
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Abogados Autorizados para Ejercer en Virginia, Maryland, D.C. & Massachusetts
Representando Clientes en Tribunales Estatales y Federales
Deje de preocuparse… ¡y deje a los abogados de SRIS, P.C., ocuparse de usted!
La firma legal de SRIS, P.C. es una única e incomparable entidad jurídica en negocio legal y servicio al cliente – trayendo especializados abogados en Virginia, Maryland y Massachusetts conjuntamente con los clientes que necesitan sus servicios. Nuestros abogados son devotos a los estándares más altos del servicio de legal y del cliente, seleccionados con estándares altos en mente. Maryland DUI/DWI Criminal Divorce Law Family Traffic VA MD MA Massachusetts” Contacte a SRIS, P.C. hoy para una experta ayuda legal y de calidad en cualquiera de nuestro amplio rango de áreas que ejercemos en Virginia, Maryland o Massachusetts.
Las Oficinas de Abogados de SRIS, P.C. ante todo manejan casos en Ley Penal, Leyes de Familia & Massachusetts Lawyers Attorneys Support Custody VA MD MA” Divorcio & Custodia del Menor, Maryland Lawyer Violation Attorney Moving Massachusetts VA MD Massachusetts Maryland Traffic Defense Lawyer Massachusetts Moving Violation VA MD Massachusetts Speeding Ticket Virginia Traffic Lawyer Maryland Traffic Lawyer Massachusetts Traffic Lawyer” Ley de Transito como Conducción Imprudente, Conduciendo estando Suspendido, Maryland Lawyer Violation Attorney Moving Massachusetts VA MD Massachusetts Maryland Traffic Defense Lawyer Massachusetts Moving Violation VA MD Massachusetts Speeding Ticket Virginia Traffic Lawyer Maryland Traffic Lawyer Massachusetts Traffic Lawyer” Multa por Exceso de Velocidad & DUI/DWI/OUI, Inmigración, & Bancarrota.
También representamos clientes que tienen asuntos penales & transito ante los Tribunales Federales de Virginia, Maryland & Massachusetts.
Desde nuestra fundación en 1997, SRIS, P.C., ha crecido para incluir seis oficinas en siete ciudades abarcando tres estados, con autorizaciones para ejercer en cuatro estados así como también el Distrito de Columbia. Haga clic en la oficina que está intentando ubicar y vea las direcciones a esa oficina.
- Fairfax, Virginia
- Virginia Beach, Virginia
- Richmond, Virginia
- Manassas, Virginia
- Lynchburg, Virginia
- Rockville, Maryland
- Annapolis, Maryland
- Boston, Massachusetts
¿Qué es SRIS, P.C.?
SRIS, P.C., por así decirlo, es como una rueda con muchos rayos. Somos una oficina de leyes en crecimiento sirviendo clientes actualmente con asuntos legales en tres estados. Cada uno de nuestros abogados se centran específicamente en un área de la ley, lo cual asegura que nuestros clientes son provistos de excelentes, conocedores de fondo y experimentados ocupándose de no importa qué problemas legales puedan tener.
Además, nuestros abogados pueden ejercer derecho sin tener que preocuparse por traer clientes – enfocan estrictamente la atención en hacer lo mejor posible que puedan en cada caso. Nuestra estructura única también nos deja regular cuántos casos cada abogado puede tomar a la vez, así es que nuestros abogados nunca tienen tanto trabajo por lo que no le puedan proveer un servicio excelente a cada cliente, todo el tiempo.
Espere un Alto Estándar de Servicio Legal de parte de nuestros Abogados Expertos
En SRIS, P.C., nuestros abogados son elegidos cuidadosamente, con el mejor interés del cliente en mente. Nos aplicamos a un nivel alto de servicio al cliente, y todas sus importantes materias legales serán manejadas por su abogado cada vez – nunca interviniendo un asistente o paralegal.Por regla general, hacemos un esfuerzo sincero para responder todas las llamadas telefónicas dentro de 8 horas, máximo.
Para establecer una consulta inicial con uno de nuestros abogados para ayuda legal experta en cualquiera de nuestras áreas que ejercemos, contacte un SRIS, P.C. por correo electrónico o por teléfono.
Nuestros abogados en Virginia, Maryland & Massachusetts, hablan los siguientes idiomas además del inglés: español, francés, hindú, tamil, telugú, cantonés, mandarín y malayo.
Nuestros abogados están autorizados a manejar casos en Virginia, Maryland, Pennsylvania & Massachusetts, sin embargo manejamos asuntos legales únicamente en Virginia, Maryland & Massachusetts.
Oficina en Fairfax, Virginia:
4008 Williamsburg Court
Fairfax, Virginia 22032
Teléfono: 703-278-0405
Direcciones a la Oficina en Fairfax:
Desde Ruta 66
Tome la salida de la Ruta 50 hacia Fairfax
Manténgase en su línea derecha en la Ruta 50
Ruta 50 se convierte en 236 Main Street
Desde Main street, busque Williamsburg Court a su derecha.
Desde Capitol BeltWay, 495:
Tome la salida 236 hacia Fairfax
236 es Little River Turnpike
Little River Turnpike se convierte en Main Street
Continúe en Main hasta que usted vea Williamsburg Court a su izquierda
Oficina en Virginia Beach, Virginia:
College Park Executive Suites
900 Commonwealth Pl, Suite 200
Virginia Beach, Virginia 23464
Teléfono: 757-512-5002
Direcciones a la oficina en Virginia Beach:
Desde I-264 W:
Combine sobre Hampton Roads Belt/I-64 E vía la salida I-64 E a Chesapeake/Suffolk
Combine sobre Indian River Rd/VA-407 N vía Indian River Rd W salida 286A
Doble a la izquierda en Level Green Blvd
Doble a la izquierda en Commonwealth Pl 16 ft
Desde el área Hampton:
Desde Hampton Roads Belt/I-64 E vía I-64 E rampa 1
Combine sobre Indian River Rd/VA-407 N vía Indian River Rd W salida 286A
Doble a la izquierda en Level Green Blvd
Doble a la izquierda en Commonwealth Pl 16 ft
Desde el área Suffolk:
Vaya hacia el sudeste en VA-337/W Washington St hacia N Main St/VA-32 s
Doble a la derecha en Portsmouth Blvd
Continúe en W Military Hwy/US-13 N/US-460 E/US-58 E
Continúe derecho en US-13 N
Combine sobre Hampton Roads Belt/I-664 S vía I-264 E/I-64/US-13 N rampa a Portsmouth/Norfolk/VA Beach
Combine sobre Hampton Roads Belt/I-64 W vía la salida I-64 15B a Chesapeake/VA Beach
Combine sobre Indian River Rd/VA-407 N vía Indian River Rd W salida 286A
Doble a la izquierda en Level Green Blvd
Doble a la izquierda en Commonwealth Pl 16 ft
Desde el área Chesapeake:
Liberty St/VA-246
Continúe en Border Rd
Doble a la izquierda en Wingfield Ave
Doble a la derecha en Tatemstown Rd
Doble a la derecha en Indian River Rd/VA-407 S
Doble a la derecha en Level Green Blvd
Doble a la izquierda en Commonwealth Pl
Oficina en Richmond, Virginia:
7400 Beaufont Springs Drive
Suite 300
Richmond, Virginia 23225
Teléfono: 804-201-9009
Desde el área Chesterfield:
Doble en Iron Bridge Rd/VA-10 W
Tome la rampa en Chippenham Pkwy/VA-150 N hacia Powhite Pkwy
Combine sobre VA-76 N vía la salida VA-76-TOLL N/Powhite Pkwy
Combine sobre I-195 N
Tome la salida en I-64 W
Tome Broad St/US-250 W salida 183C a Glenside Dr N
Doble a la derecha en W Broad St
Doble a la izquierda en Emerywood Pkwy
Desde el área Midlothian:
Doble en Midlothian Tpke/US-60 E
Combine sobre VA-76 N vía la rampa VA-76-TOLL N/Powhite Pkwy
Combine sobre I-195 N
Tome la salida en I-64 W
Tome Broad St/US-250 W salida 183C a Glenside Dr N
Doble a la derecha en W Broad St
Doble a la izquierda en Emerywood Pkwy
Oficina en Manassas, Virginia:
8551 Sudley Road
Manassas, Virginia 20110
Teléfono: (703) 278-0405
Direcciones a la oficina en Manassas:
Desde el área Gainesville:
Vaya hacia el este en Lee Hwy/US-29 N hacia Old Linton Hall Rdn
Tome la rampa en I-66 E hacia Washington
Combine sobre Sudley Rd/VA-234-BR S vía VA-234-BUS/VA-234 N salida 47 a Manassas
Haga un giro en U en Impalla Dr
Desde el área Centreville:
Vaya hacia el oeste en Lee Hwy/US-29 S hacia Old Centreville Rd
Doble a la izquierda en Old Centreville Rd
Doble a la izquierda en Centreville Rd/VA-28 S
Doble a la derecha en Sudley Rd
Desde el área Fairfax:
Vaya hacia el sur en Chain Bridge Rd/VA-123 hacia Sager Ave
Doble a la derecha en Judicial Dr
Doble a la derecha para mantenerse en Judicial Dr
Doble a la izquierda en Main St
Continúe en Lee Jackson Memorial Hwy/US-50 W
Tome la rampa en I-66 W hacia Front Royal
Combine sobre Sudley Rd/VA-234-BR S vía VA-234-BUS salida 47A a Manassas
Haga un giro en U en Impalla Dr
Oficina en Lynchburg, Virginia:
102 Oakley Ave.
Lynchburg, Virginia 24501
Teléfono: 888-437-7747
Direcciones a la oficina en Lynchburg, Virginia:
Desde el Sur:
Combine sobre Danville Expy/US-29 N vía la rampa a Lynchburg
Continúe para seguir US-29 N
Continúe en US-29-BR N/Wards Rd
Continúe para seguir Wards Rd
Doble un poco a la derecha en US-460-BR
Doble un poco a la izquierda en Memorial Ave
Doble a la izquierda en US-221
Desde el Este:
Tome VA-24
Doble a la derecha para combinar en Charles T Moses Memorial Hwy W/US-460 W/VA-24 W hacia Lynchburg
Continúe para seguir US-460 W
Tome US-460-BUS W/US-501 S/US-501-BUS N salida hacia N 29/S Boston
Manténgase a la derecha en la bifurcación, siga las señales para Campbell Ave/US-501-BUS N y combine sobre Campbell Ave/US-460-BR W/US-501-BR N
Continúe para seguir US-460-BR W/US-501-BR N
Doble a la izquierda en 12th Ave
Continúe en US-221/US-460-BR
Doble a la derecha en US-221/Wythe Rd
Continúe para seguir US-221
Desde el Oeste:
Tome US-11-ALT E/US-460 E
Continúe para seguir US-460 E
Salida en Blue Ridge Ave/US-221 N/US-460-BR E hacia VA-43/Bedford
Continúe para seguir US-221 N/US-460-BR E
Doble a la izquierda en US-221
Doble a la derecha en Lakeside Dr/US-221
Continúe para seguir US-221
Desde el Norte:
Tome VA-56
Doble a la derecha en VA-151/VA-56
Continúe para seguir VA-151
Doble a la derecha en US-29 S
Salga en US-29-BR S hacia Madison Heights
Tome la salida 4 para combinar sobre Stadium Rd
Doble a la derecha en Wythe Rd
Continúe en US-221
Oficina en Rockville, Maryland:
1 Research Court, Suite 450
Rockville, Maryland 20850
Teléfono: 240-399-0304
Direcciones a la oficina en Rockville:
Desde el Sur:
Tome I-95 N
Continúe en I-395 N
Combine sobre Capital Beltway vía I-495 N salida 170B a Tysons Corner
Doble ligeramente a la izquierda en I-270-SPUR N hacia Rockville/Frederick
Combine sobre I-270 N
Doble ligeramente a la derecha en I-270 Local N hacia Montrose Rd
Combine sobre W Montgomery Ave vía W Montgomery Ave/MD-28 W salida 6B a Darnestown
Doble a la derecha en Research Blvd
Doble a la derecha en Research Ct
Desde el Norte:
US-40 E vía I-270 S/US-40 E/I-70 salida
Continúe en I-270 S
Doble ligeramente a la derecha en I-270 Local S hacia Shady Grove Rd/Local Lanes
Tome Shady Grove Rd salida 8, manténgase siguiendo las señales
Combine sobre Shady Grove Rd
Doble a la izquierda en Research Blvd
Doble a la izquierda en Research Ct
Desde el Oeste:
Vaya hacia el sudeste en Fisher Ave hacia Westerly Ave
Continúe en Whites Ferry Rd
Doble ligeramente a la derecha en Darnestown Rd
Continúe en Key W Ave
Doble a la izquierda en Shady Grove Rd
Doble a la derecha en Research Blvd
Doble a la izquierda en Research Ct
Desde el Este:
Tome US-29 S
Combine sobre Capital Beltway/I-495 W/I-495 Outerloop vía I-495 W rampa a Bethesda/Northern Virginia
Continúe derecho sobre I-270 N hacia Frederick
Doble ligeramente a la derecha en I-270 Local N hacia Montrose Rd
Combine sobre W Montgomery Ave vía W Montgomery Ave/MD-28 W salida 6B a Darnestown
Doble a la derecha en Research Blvd
Doble a la derecha en Research Ct
Oficina en Annapolis, Maryland:
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Teléfono: (240) 399-0304
Direcciones a la oficina en Annapolis:
Desde el Sur:
Tome I-95 N
Combine sobre Capital Beltway/I-495 E/I-495 Outerloop/I-95 N vía I-95 N/I-495 E salida a Baltimore
Combine sobre US-50 E vía salida 19A a Annapolis
Tome MD-178/MD-450 salida 23 a Parole
Tome la bifurcación de la derecha a MD-450 W/Crownsville y combine sobre West St
Continúe en MD-450
Doble a la izquierda en Defense Hwy/MD-450
Desde el Norte:
Vaya hacia el noroeste en Harrell Rd hacia Generals Hwy/MD-178
Doble a la izquierda en Generals Hwy/MD-178
Doble a la derecha en Defense Hwy/MD-450
Desde el Este:
Tome US-301 S
Tome MD-450 salida 23B a Crownsville
Doble a la izquierda en MD-450
Doble a la izquierda en Defense Hwy/MD-450
Desde el Oeste:
Tome la rampa sobre US-50 E hacia Annapolis
Tome MD-178/MD-450 salida 23 a Parole
Tome la bifurcación de la derecha a MD-450 W/Crownsville y combine sobre West St
Continúe en MD-450
Doble a la izquierda en Defense Hwy/MD-450
Oficina en Boston, Massachusetts
Direcciones a la oficina en Boston
Maryland Criminal Defense Lawyer
DEFENDING CLIENTS CHARGED WITH SOLICITATION IN MD, PROSTITUTION IN MD OR PANDERING IN MD
Maryland does not tolerate Prostitution, Pandering, or Solicitation. Now more than ever, these offenses are being targeted and prosecuted. Maryland routinely does sting operations in an attempt to stop these offenses. Unfortunately, even being charged with an offense of prostitution, pandering or solicitation causes tremendous public humiliation. Not to mention, marital strife. We empathize with clients who face these difficulties and work closely with them in an endeavor to avoid conviction. The Maryland prostitution defense attorneys of SRIS, P.C. regularly defend clients who are charged with offenses related to prostitution in Maryland, solicitation in Maryland or pandering in Maryland. For more information or to make an appointment with SRIS, P.C. Maryland prostitution defense lawyer, please call, send an e-mail or complete the on-line form.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
If you have been arrested or charged with an act of prostitution in Maryland or solicitation in Maryland you need to contact the Maryland prostitution defense attorneys at SRIS, P.C.
To obtain a general overview of solicitation, prostitution, & pandering defense, please click here.
To learn more about the laws pertaining to solicitation, prostitution, & pandering defense in Virginia or Massachusetts, please click on the state.
Here are some of the different types of offenses the State of Maryland may charge regarding prostitution, solicitation, or pandering:
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House of prostitution
-
Pandering
-
Receiving earnings of prostitute
-
Unnatural or perverted sexual practice
MD Code § 11-306. House of prostitution (top)
Prohibited
(a) A person may not knowingly:
(1) engage in prostitution or assignation by any means;
(2) keep, set up, occupy, maintain, or operate a building, structure, or conveyance for prostitution or assignation;
(3) allow a building, structure, or conveyance owned or under the person’s control to be used for prostitution or assignation;
(4) allow or agree to allow a person into a building, structure, or conveyance for prostitution or assignation; or
(5) procure or solicit or offer to procure or solicit for prostitution or assignation.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
MD Code § 11-303. Pandering (top)
Prohibited–In general(a) A person may not knowingly:
(1) take or cause another to be taken to any place for prostitution;
(2) place, cause to be placed, or harbor another in any place for prostitution;
(3) persuade or encourage by threat or promise another to be taken to or placed in any place for prostitution;
(4) unlawfully take or detain another with the intent to use force, threat, or persuasion to compel the other to marry the person or a third person or perform a sexual act, sexual contact, or vaginal intercourse; or
(5) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation.
Prohibited–Consent of parent or guardian
(b) A parent, guardian, or person who has permanent or temporary care or custody or responsibility for supervision of another may not consent to the taking or detention of the other for prostitution.
Penalty
(c) A person who violates this section is guilty of the misdemeanor of pandering and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
Statute of limitations and in banc review
(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Venue
(e) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the other.
MD Code § 11-304. Receiving earnings of prostitute (top)
Prohibited
(a) A person may not receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to:
(1) promote a crime under this subtitle;
(2) profit from a crime under this subtitle; or(3) conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under this subtitle.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
MD Code § 3-322. Unnatural or perverted sexual practice (top)
Prohibited
(a) A person may not:
(1) take the sexual organ of another or of an animal in the person’s mouth;
(2) place the person’s sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an animal.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Charging document
(d) An indictment for a violation of this section:
(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but
(2) need not state the particular:
(i) unnatural or perverted sexual practice with which the defendant is charged; or
(ii) manner in which the defendant committed the unnatural or perverted sexual practice.
Our Maryland criminal defense lawyers and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.


