Posts Tagged ‘Maryland Office’
Montgomery County Divorce Lawyers
The SRIS Law Group Maryland Divorce Lawyers in our Montgomery Maryland office assist clients with Divorce cases throughout Maryland.
If you need a Maryland Divorce Lawyer in any of following Maryland counties to help you with a Divorce case, contact us at 888-437-7747.
Contact our Maryland Divorce Attorneys today for help.
Montgomery Office
PRINCE GEORGE’S COUNTY, MONTGOMERY COUNTY, HOWARD COUNTY, CHARLES COUNTY, FREDERICK COUNTY, CECIL COUNTY, DORCHESTER COUNTY, ROCKVILLE, SOMERSET COUNTY, WORCESTER COUNTY
BALTIMORE COUNTY DIVORCE LAWYERS
The SRIS Law Group Maryland Divorce Lawyers in our Baltimore Maryland office assist clients with Divorce cases throughout Maryland.
If you need a Maryland Divorce Lawyer in any of following Maryland counties to help you with a Divorce case, contact us at 888-437-7747.
Contact our Maryland Divorce Attorneys today for help.
Baltimore Office
BALTIMORE COUNTY, BALTIMORE CITY, ANNE ARUNDEL COUNTY, GARRETT COUNTY, HARFORD COUNTY, WASHINGTON COUNTY
MARYLAND LAWYERS DEFENDING KIDNAPPING & STALKING & EXTORTION CHARGES
DEFENDING CLIENTS IN MARYLAND STATE AND FEDERAL COURTS
The Maryland kidnapping, stalking & extortion attorneys of SRIS, P.C. pride themselves in being aggressive trial lawyers. Rarely is there a situation when a client needs nothing less than an aggressive criminal lawyer than when one is charged with either a kidnapping, stalking or extortion in Maryland. The penalties in Maryland for kidnapping, stalking or extortion are incredibly severe. The prosecuting attorney in Maryland will generally pursue charges of this nature very strongly and the Maryland Courts will take a very harsh position if the person is convicted of kidnapping, stalking or extortion and is going to be sentenced by the Court. We have two offices in Maryland. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland kidnapping defense attorneys, stalking defense lawyers & extortion defense attorneys with offices in Rockville and Baltimore. If you wish to consult with a Maryland criminal defense lawyer of SRIS, P.C., please contact us via email or our toll free number. Our Maryland attorneys will be glad to discuss with you as to how they can best assist you.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To learn more about the laws pertaining to abduction and kidnapping in Virginia or Massachusetts, please click on the state.
Below are some of the Maryland Kidnapping, Stalking or Extortion Laws.
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Kidnapping
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Child kidnapping
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Extortion generally
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Extortion by State or local government officer or employee
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Inducing another to give up compensation
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Extortion by false accusation
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Extortion by verbal threat
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Extortion by written threat
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Coercing or intimidating another to contribute or donate
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Threat against State or local official
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Stalking
Maryland Law § 3-502. Kidnapping (top)
Prohibited
(a) A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State.
Penalty
(b) A person who violates this section is guilty of the felony of kidnapping and on conviction is subject to imprisonment not exceeding 30 years.
Exception
(c) Kidnapping does not include the act of a parent in carrying a minor child of that parent in or outside the State.
Maryland Law § 3-503. Child kidnapping (top)
Prohibited
(a)(1) A person may not, without color of right:
(i) forcibly abduct, take, or carry away a child under the age of 12 years from:
1. the home or usual place of abode of the child; or
2. the custody and control of the child’s parent or legal guardian;
(ii) without the consent of the child’s parent or legal guardian, persuade or entice a child under the age of 12 years from:
1. the child’s home or usual place of abode; or
2. the custody and control of the child’s parent or legal guardian; or
(iii) with the intent of depriving the child’s parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child under the age of 12 years.
(2) In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of 16 years.
Penalty
(b)(1) A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
(2)(i) Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
(ii) 1. If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
2. If the State intends to seek a sentence of imprisonment for life without the possibility of parole under sub-subparagraph 1 of this subparagraph, the State shall notify the person in writing of the State’s intent at least 30 days before trial.
Maryland Law § 3-701. Extortion generally (top)
Scope of section
(a) This section does not apply to legitimate efforts by employees or their representatives to obtain certain wages, hours, or working conditions.
Obtaining or attempting to obtain property prohibited
(b) A person may not obtain or attempt to obtain money, property, or anything of value from another person with the person’s consent, if the consent is induced by wrongful use of actual or threatened force or violence, or by wrongful threat of economic injury.
Penalty–Property value of $500 or more
(c) If the value of the property is $500 or more, a person who violates this section is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both
Penalty–Property value less than $500
(d) If the value of the property is less than $500, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
Limitation
(e) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.
Maryland Law § 3-702. Extortion by State or local government officer or employee (top)
“Political subdivision” defined
(a) In this section, “political subdivision” includes a:
(1) county;
(2) municipal corporation;
(3) bicounty or multicounty agency;
(4) county board of education;
(5) public authority; or
(6) special taxing district.
Prohibited
(b) An officer or employee of the State or of a political subdivision may not wrongfully obtain or attempt to obtain money, property, or anything of value from a person with the person’s consent, if the consent is obtained under color or pretense of office, under color of official right, or by wrongful use of actual or threatened force or violence.
Penalty–Property value of $500 or more
(c) If the value of the property is $500 or more, a person who violates this section:
(1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both; and
(2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.
Penalty–Property value of less than $500
(d) If the value of the property is less than $500, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Limitation
(e) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.
Maryland Law § 3-703. Inducing another to give up compensation (top)
Prohibited
(a) An officer or employee of the State or of a county, municipal corporation, bicounty agency, or multicounty agency may not, by force, intimidation, or threat, induce a person employed in work financed wholly or partly by the State or by a county, municipal corporation, bicounty agency, or multicounty agency to give up any compensation to which the person is entitled under a contract or otherwise.
Penalty
(b) 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 $5,000 or both.
Limitation
(c) A prosecution for a crime under this section shall be instituted within 5 years after the crime was committed.
Maryland Law § 3-704. Extortion by false accusation (top)
Prohibited
(a) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not falsely accuse or threaten to falsely accuse another of a crime or of anything that, if the accusation were true, would tend to bring the other into contempt or disrepute.
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.
Maryland Law § 3-705. Extortion by verbal threat (top)
Prohibited
(a) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not verbally threaten to:
(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or
(2)(i) cause physical injury to a person;
(ii) inflict emotional distress on a person;
(iii) cause economic damage to a person; or
(iv) cause damage to the property of a person.
Penalty
(b) A person who violates this section 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.
Maryland Law § 3-706. Extortion by written threat (top)
Scope of section
(a)(1) This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation.
(2) This section does not apply to a good faith reasonable notice of dishonor and warning of criminal prosecution under Title 8, Subtitle 1 of this article given by a holder of an instrument to the maker of the instrument.
Prohibited
(b) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not knowingly send or deliver, or make for the purpose of being sent or delivered and part with the possession of, a writing threatening to:
(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or
(2)(i) cause physical injury to a person;
(ii) inflict emotional distress on a person;
(iii) cause economic damage to a person; or
(iv) cause damage to the property of a person.
Penalty
(c) A person who violates this section 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.
Maryland Law § 3-707. Coercing or intimidating another to contribute or donate (top)
Effect of section
(a) This section does not prohibit picketing in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article.
Prohibited
(b) A person or group may not engage in an act or conduct solely to coerce or intimidate another person to contribute or donate any money, goods, materials, or services to a social, economic, or political association or organization.
Penalty
(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.
(2) Each day on which a violation of this section occurs is a separate violation.
Maryland Law § 3-708. Threat against State or local official (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Local official” means an individual serving in a publicly elected office of a local government unit, as defined in § 10-101 of the State Government Article.
(3)(i) “State official” has the meaning stated in § 15-102 of the State Government Article.
(ii) “State official” includes the Governor, Governor-elect, Lieutenant Governor, and Lieutenant Governor-elect.
(4) “Threat” includes:
(i) an oral threat; or
(ii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark.
Prohibited–Making threat
(b) A person may not knowingly and willfully make a threat to take the life of, kidnap, or cause physical injury to a State official or local official.
Prohibited–Sending or delivering threat
(c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Maryland Law § 3-802. Stalking (top)
Stalking” defined
(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(1)(i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this article or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.
Scope of section
(b) The provisions of this section do not apply to conduct that is:
(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.
Prohibited
(c) A person may not engage in stalking.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Sentence
(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.
Our Maryland kidnapping, stalking & extortion defense attorneys and staff speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
MARYLAND ASSAULT & BATTERY DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH ASSAULT & BATTERY & DOMESTIC VIOLENCE CHARGES IN MARYLAND
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of assault and battery and domestic violence, please click here
To learn more about the laws pertaining to assault & battery or domestic violence in Virginia or Massachusetts, please click on the state.
The following are some of the different types of assault and battery charges one could face in the State of Maryland.
Click on any of the types of the Maryland assault and battery charges to learn more about them:
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Assault in the first degree
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Assault in the second degree
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Action for assault or defamation
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Child abuse
Maryland Assault and Battery
MD Code § 3-202. Assault in the first degree (top)
Prohibited
(a)(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.
Penalty
(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.
MD Code § 3-203. Assault in the second degree (top)
A person may not commit an assault.
(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer’s official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
MD Code § 5-105. Action for assault or defamation (top)
An action for assault, libel, or slander shall be filed within one year from the date it accrues.
MD Code§ 3-601. Child abuse (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.
(3) “Family member” means a relative of a minor by blood, adoption, or marriage.
(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
(5) “Severe physical injury” means:
(i) brain injury or bleeding within the skull;
(ii) starvation; or
(iii) physical injury that:
1. creates a substantial risk of death; or
2. causes permanent or protracted serious:
A. disfigurement;
B. loss of the function of any bodily member or organ; or
C. impairment of the function of any bodily member or organ.
Child abuse in the first degree (top)
(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:
(i) results in the death of the minor; or
(ii) causes severe physical injury to the minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i) imprisonment not exceeding 25 years; or
(ii) if the violation results in the death of the victim, imprisonment not exceeding 30 years.
Repeat offenders
(c) A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 25 years; or
(2) if the violation results in the death of the victim, imprisonment not exceeding 30 years.
Child abuse in the second degree (top)
(d)(1)(i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii) A household member or family member may not cause abuse to a minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.
Sentencing
(e) 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 establishing the violation of this section.
For more information or to make an appointment with Maryland assault & battery attorney of SRIS, P.C., please call, send an e-mail or complete the on-line form
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MARYLAND CHILD CUSTODY ATTORNEYS
PROTECTING THE RIGHTS OF MARYLAND PARENTS
Nothing is more precious to a parent than having a relationship with one’s child or children. The Maryland child custody attorneys at SRIS, P.C. know and recognize that. That is why our Maryland child custody lawyers place such a great emphasis on working closely with their client. Our child custody lawyers in Maryland work diligently at helping their clients either keep custody or get custody of the child. The Maryland child custody attorneys of SRIS, P.C. have two offices in Maryland to better serve their clients. The two offices in Maryland are in Rockville MD & Baltimore MD. If you wish to consult a SRIS, P.C. Maryland child custody attorney, please simply contact us via email or by filling out our on line form. One of our Maryland child custody lawyers will consult with you regarding your matter. You can also contact one of our Maryland child custody attorneys by calling us at 888-437-7747.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of child custody defense, please click here.
To learn more information about the laws pertaining to child custody in Virginia or Massachusetts, please click on the state.
A Maryland court, in order to determine custody, must first determine the best interest of the child.
The Maryland Court of Appeals has stated that “[W]hen the custody of children is the question … the best interest of the children is the paramount fact. Rights of father and mother sink into insignificance before that.” Kartman v. Kartman, 163 Md. 19, 22,161 A. 269 (1932), The absolute obligation on the trial judge to undertake a thorough examination of all possible factors before determining child custody was forcefully set out by Judge McAuliffe in Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986):
Formula or computer solutions in Maryland child custody matters are impossible because of the unique character of each case, and the subjective nature of the evaluations and decisions that must be made. At best we can discuss the major factors the Maryland Courts will consider in determining whether joint custody is appropriate, but in doing so we recognize that none has talismanic qualities, and that no single list of criteria will satisfy the demands of every case. We emphasize that in any Maryland child custody case, the paramount concern is the best interest of the child. …The best interest of the child is therefore not considered as one of many factors, but as the objective to which virtually all other factors speak.
The Taylor Court detailed the two basic forms of custody. These two forms are:
In Maryland, legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child’s life and welfare. Joint legal custody means that both parents have an equal voice in making those decisions, and neither parent’s rights are superior to the other.
Physical custody in Maryland, on the other hand, means the right and obligation to provide a home for the child and to make the day-to-day decisions required during the time the child is actually with the parent having such custody.
Each type of custody in Maryland can be broken down into either joint or sole. Therefore, joint legal custody in Maryland means that each parent has the right to share in longer-range decision-making including education, religious training, medical care and other matters of significance regarding their children. Sole legal custody in Maryland gives that right to only one parent. Joint physical custody in Maryland means that the child or children share their time between the parents. There does not have to be an equal sharing of time in order to qualify as joint physical custody.
Taylor laid out fourteen factors for a court to consider in an award of joint custody:
1. Capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare;
2. Willingness of parents to share custody;
3. Fitness of parents;
4. Relationship established between the child and each parent;
5. Preference of the child;
6. Potential disruption of child’s social and school life;
7. Geographic proximity of parental homes;
8. Demands of Parental Employment;
9. Age and number of children;
10. Sincerity of parents’ request;
11. Financial status of the parents;
12. Impact on state or federal assistance;
13. Benefit to parents; and
14. Other factors.
Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986).
In Montgomery County v. Sanders, 38 Md. App. 406, 419, 381 A.2d 1154 (1977), Maryland Chief Judge Gilbert described what a child custody determination unavoidably calls for on the part of the judge:
Present methods for determining a child’s best interest are time-consuming, involve a multitude of intangible factors that ofttimes are ambiguous. The best interest standard in Maryland is an amorphous notion, varying with each individual case, and resulting in its being open to attack as little more than judicial prognostication. The fact finder is called upon to evaluate the child’s life chances in each of the homes competing for custody and then to predict with whom the child will be better off in the future.
Judge Gilbert went on to catalogue some of the myriad factors that must be considered:
“What critics of the “judicial prognostication” overlook is that the court examines numerous factors and weighs the advantages and disadvantages of the alternative environments. The criteria for judicial determination includes, but is not limited to:
1. Fitness of the parents;
2. Character and reputation of the parties;
3. Desire of the natural parents and agreements between the parties;
4. Potentiality of maintaining natural family relations;
5. Preference of the child;
6. Material opportunities affecting the future life of the child;
7. Age, health and sex of the child;
8. Residences of parents and opportunity for visitation;
9. Length of separation from the natural parents, and;
10. Prior voluntary abandonment or surrender.
Montgomery County v. Sanders, 38 Md. App. 406, 420, 381 A.2d 1154 (1977).
Child custody cases require an experienced local family law lawyer. Family law lawyers concentrate their practices solely in family law and are experienced in successfully presenting the proper evidence to the Judge. Thus, when deciding upon proper representation in litigating the custody of your child (or of your children), it is also incumbent upon you, as a parent, to consider what is in their “best interest.” This is not a time to cut corners.
MARYLAND CHILD CUSTODY LAWS:
The following are some of the State of Maryland Laws applicable to child custody. If you would like to read about some of these Laws to get a better understanding of them, please click on the one your are interested in:
- Shared physical custody
- Effect of child-custody determination
- Jurisdiction to modify determination
- Family Law Definitions
- International application of title
- Taking testimony in another state
- Rejection of custody or visitation if abuse likely
- Appearance and limited immunity
- Appearance of parties and child
Maryland Code, Family Law, § 12-201 – Shared physical custody (top)
(k)(1) “Shared physical custody” means that each parent keeps the child or children overnight for more than 35% of the year and that both parents contribute to the expenses of the child or children in addition to the payment of child support.
(2) Subject to paragraph (1) of this subsection, the court may base a child support award on shared physical custody:
(i) solely on the amount of visitation awarded; and
(ii) regardless of whether joint custody has been granted.
Maryland Code, Family Law, § 9.5-105 – Effect of child-custody determination (top)
Determination binding
(a) A child custody determination made by a court of this State that had jurisdiction under this title binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 9.5- 107 of this subtitle or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
Determination conclusive
(b) As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determinations modified.
Maryland Code, Family Law, § 9.5-203. Jurisdiction to modify determination (top)
Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under § 9.5-201(a)(1) or (2) of this subtitle and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9.5-202 of this subtitle or that a court of this State would be a more convenient forum under § 9.5-207 of this subtitle; or
(2) a court of this State or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Maryland Code, Family Law, § 9.5-101- Definitions (top)
In general
(a) In this title the following words have the meanings indicated.
Abandoned
(b) “Abandoned” means left without provision for reasonable and necessary care or supervision.
Child
(c) “Child” means an individual under the age of 18 years.
Child custody determination
(d)(1) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.
(2) “Child custody determination” includes a permanent, temporary, initial, and modification order.
(3) “Child custody determination” does not include an order relating to child support or other monetary obligation of an individual.
Child custody proceeding
(e) (1) “Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.
(2) “Child custody proceeding” includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear.
(3) “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subtitle 3 of this title.
Commencement
(f) “Commencement” means the filing of the first pleading in a proceeding.
Court
(g) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
Home state
(h) “Home state” means:
(1) the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence, immediately before the commencement of a child custody proceeding; and
(2) in the case of a child less than 6 months of age, the state in which the child lived from birth with any of the persons mentioned, including any temporary absence.
Initial determination
(i) “Initial determination” means the first child custody determination concerning a particular child.
Issuing court
(j) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this title.
Issuing state
(k) “Issuing state” means the state in which a child custody determinations made.
Modification
(l) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
Person
(m) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, public corporation, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
Person acting as a parent
(n) “Person acting as a parent” means a person, other than a parent, who:
(1) has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a right to legal custody under the law of this State.
Physical custody
(o) “Physical custody” means the physical care and supervision of a child.
State
(p) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Tribe
(q) “Tribe” means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.
Warrant
(r) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Maryland Code, Family Law, § 9.5-104.-International application of title (top)
Foreign country same as state
(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Subtitles 1 and 2 of this title.
Child custody determined by foreign country enforced
(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this title must be recognized and enforced under Subtitle 3 of this title.
Title not applicable if foreign country violates human rights
(c) A court of this State need not apply this title if the child custody law of a foreign country violates fundamental principles of human rights.
Maryland Code, Family Law, § 9.5-110. Taking testimony in another state (top)
In general
(a)(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state.
(2) The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.
Maryland Code, Family Law, § 9-101- Rejection of custody or visitation if abuse likely (top)
Determine if abuse or neglect is likely
(a) In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party.
Deny custody or visitation if abuse likely
(b) Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.
Maryland Code, Family Law § 9.5-108. Appearance and limited immunity (top)
Immunity
(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
Maryland Code, Family Law § 9.5-210. Appearance of parties and child (top)
Order to appear
(a)(1) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child.
(2) The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.
Failure to appear
(b) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given in accordance with § 9.5-107 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
Orders to ensure safety of child
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
Travel and other expenses
(d) If a party to a child custody proceeding who is outside this State is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
The Maryland child custody attorneys and Law Offices of SRIS, P.C.,are located in Rockville and Annapolis but our sphere of activity is statewide.
Our Maryland child custody 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. Maryland child custody lawyer, please call, send an email or complete the on-line form.
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Maryland Concealed Weapon & Firearm Offense Defense
MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFEND CLIENTS CHARGED WITH CONCEALED WEAPONS & FIREARM CHARGES IN MARYLAND
If a person carries a concealed weapon in Maryland and does not have a permit to do so, then the carrying of a concealed weapon without a permit is a violation of law in most cases. In the event you are ever faced with a Maryland criminal charge for carrying a weapon (gun, knife, etc.), contact us right away so that we may assist in your defense. If you wish to obtain more information about weapons offenses in Maryland, please contact our office via e-mail or by filling out our on-line form. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland concealed weapon attorneys & firearm offense lawyers with offices in Rockville and Annapolis.
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To learn more about the laws pertaining to concealed weapon defense in Virginia or Massachusetts, please click on the state.
The following are some of the Maryland Concealed Weapon and Firearm Laws.
Click on any of the following Maryland Laws to get a better understanding of Maryland Law.
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In general
(a) In this subtitle the following words have the meanings indicated.
Antique firearm
(b) “Antique firearm” means:
(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or
(2) a replica of a firearm described in item (1) of this subsection that:
(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
Handgun
(c)(1) “Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.
(2) “Handgun” includes a short-barreled shotgun and a short-barreled rifle.
(3) “Handgun” does not include a shotgun, rifle, or antique firearm.
Law enforcement official
(d) “Law enforcement official” means:
(1) a full-time member of a police force or other unit of the United States, a state, a county, a municipal corporation, or other political subdivision of a state who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, a state, a county, a municipal corporation, or other political subdivision of a state;
(2) a part-time member of a police force of a county or municipal corporation who is certified by the county or municipal corporation as being trained and qualified in the use of handguns;
(3) a fire investigator of the Prince George’s County Fire Department who:
(i) is certified by Prince George’s County as being trained and qualified in the use of handguns; and
(ii) has met the minimum qualifications and has satisfactorily completed the training required by the Maryland Police Training Commission;
(4) a Montgomery County fire and explosive investigator as defined in § 2- 208.1 of the Criminal Procedure Article; or
(5) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article.
Rifle
(e) “Rifle” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2) designed or redesigned, and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Short-barreled rifle
(f) “Short-barreled rifle” means:
(1) a rifle that has one or more barrels less than 16 inches long; or
(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.
Short-barreled shotgun
(g) “Short-barreled shotgun” means:
(1) a shotgun that has one or more barrels less than 18 inches long; or
(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.
Shotgun
(h) “Shotgun” means a weapon that is:
(1) designed or redesigned, made or remade, and intended to be fired from the shoulder; and
(2) designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for each pull of the trigger.
Vehicle
(i) “Vehicle” means a motor vehicle as defined in Title 11, Subtitle 1 of the Transportation Article, a train, an aircraft, or a vessel.
§ 11-105. License required; exceptions (top)
In general
(a) Except as otherwise provided in this subtitle, a person shall obtain a license issued under this subtitle before the person engages in business as a manufacturer or dealer, possesses explosives other than explosives for use in firearms, or possesses or stores explosives for use in firearms in the State.
License to engage in business as dealer required
(b)(1) A person shall obtain a license to engage in business as a dealer under this subtitle before the person engages in the business of loading or reloading small arms ammunition in the State.
(2) The owner or operator of a mine, quarry, or other operation or business that uses explosives, or a contractor who performs work that uses explosives, shall obtain a license to engage in business as a dealer under this subtitle.
Exceptions–Armed forces and others handling explosives
(c) This section does not apply to the armed forces of the United States, the National Guard, the State Guard, or officers or employees of the United States, the State, or a local subdivision of the State who are authorized to handle explosives in the performance of their duties.
Exceptions–Possession of explosives for use in firearms
(d)(1) Subject to paragraph (2) of this subsection, a person need not obtain a license to possess or store up to 5 pounds of smokeless powder for the loading or reloading of small arms ammunition, and up to 5 pounds of black powder for the loading or reloading of small arms ammunition or for use in the loading of antique arms or replicas of antique arms, if the smokeless powder and black powder are stored in their original shipping containers and are possessed only for personal use in firearms.
(2) A person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools, other public buildings, or buildings or structures open for public use.
(3) Notwithstanding paragraph (2) of this subsection, the State Fire Marshal may issue a permit to allow temporary possession of explosives for use in firearms in a building or structure open for public use.
§ 11-115. Prohibited acts; penalty–Explosives for use in firearms; required reports (top)
Prohibitions on possession or storage of explosives for use in firearms
(a)(1) A person may not possess at any time or store in any one place more than 5 pounds of smokeless powder or more than 5 pounds of black powder for use in firearms unless the person is licensed under this subtitle.
(2) A person may not engage in the business of loading or reloading small arms ammunition unless the person is licensed to engage in business as a dealer under this subtitle.
(3) Except as otherwise provided in this subtitle, a person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools or other public buildings, or buildings or structures open for public use.
Prohibition on sale of explosives for use in firearms
(b) A dealer may not sell, barter, give, or dispose of more than 5 pounds of black powder or more than 5 pounds of smokeless powder for use in firearms to any one person at any one time unless the person is licensed under this subtitle.
Failure to file reports or records prohibited
(c) A person may not fail to file reports or records required under § 11-112 of this subtitle.
Failure to file report of theft prohibited
(d) A person may not fail to file a report of theft of explosives required under § 11-113 of this subtitle.
Penalty
(e) 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 $500 or both
§ 4-209. Regulation of weapons and ammunition (top)
State preemption
(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1) a handgun, rifle, or shotgun; and
(2) ammunition for and components of a handgun, rifle, or shotgun.
Exceptions
(b)(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i) with respect to minors;
(ii) with respect to law enforcement officials of the subdivision; and
(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
Preexisting local laws
(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
Discharge of firearms
d)(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
§ 4-101. Dangerous weapons (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Nunchaku” means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.
(3)(i) “Pepper mace” means an aerosol propelled combination of highly disabling irritant pepper based products.
(ii) “Pepper mace” is also known as oleoresin capsicum (o.c.) spray.
(4) “Star knife” means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(5)(i) “Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii) “Weapon” does not include:
1. a handgun; or
2. a penknife without a switchblade.
Exceptions for certain individuals
(b) This section does not prohibit the following individuals from carrying a weapon:
(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer’s official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator’s official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;
(2) a special agent of a railroad;
(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or
(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.
Prohibited
(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.
(3)(i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George’s County, St. Mary’s County, Talbot County, Washington County, and Worcester County.
(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:
1. on a bona fide hunting trip; or
2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.
Penalties
(d)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
§ 3-403. Robbery with dangerous weapon (top)
Prohibited
(a) A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:
(1) with a dangerous weapon; or
(2) by displaying a written instrument claiming that the person has possession of a dangerous weapon.
Penalty
(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
§ 4-204. Use of handgun or antique firearm in commission of crime (top)
Prohibited
(a) A person may not use an antique firearm capable of being concealed on the person or any handgun in the commission of a crime of violence, as defined in § 5-101 of the Public Safety Article, or any felony, whether the antique firearm or handgun is operable or inoperable at the time of the crime.
Penalty
(b)(1)(i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.
(2) For each subsequent violation, the sentence shall be consecutive to and not concurrent with any other sentence imposed for the crime of violence or felony.
§ 4-203. Wearing, carrying, or transporting handgun (top)
Prohibited
(a)(1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.
(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
Exceptions
(b) This section does not prohibit:
(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:
(i) a law enforcement official of the United States, the State, or a county or city of the State;
(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
(iv) a correctional officer or warden of a correctional facility in the State;
(v) a sheriff or full-time assistant or deputy sheriff of the State; or
(vi) a temporary or part-time sheriff’s deputy;
(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(5) the moving by a bona fide gun collector of part or all of the collector’s gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
(i) in the course of employment;
(ii) within the confines of the business establishment in which the supervisory employee is employed; and
(iii) when so authorized by the owner or manager of the business establishment; or
(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.
Penalty
(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, § 4- 204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or
(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.
(3)(i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or
2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
(4)(i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:
1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or
2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or
B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.
(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
§ 7-204. Religious entities (top)
Property that is owned by a religious group or organization is not subject to property tax if the property is actually used exclusively for:
(1) public religious worship;
(2) a parsonage or convent; or
(3) educational purposes.
§ 3-204. Reckless endangerment (top)
Prohibited
(a) A person may not recklessly:
(1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or
(2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.
Penalty
(b) A person who violates this section is guilty of the misdemeanor of reckless endangerment and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Exceptions
(c)(1) Subsection (a)(1) of this section does not apply to conduct involving:
(i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or
(ii) the manufacture, production, or sale of a product or commodity.
(2) Subsection (a)(2) of this section does not apply to:
(i) a law enforcement officer or security guard in the performance of an official duty; or
(ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.
§ 4-208. Possession of firearm at public demonstration (top)
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Demonstration” means one or more persons demonstrating, picketing, speech making, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.
(ii) “Demonstration” does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
(3)(i) “Firearm” means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.
(ii) “Firearm” does not include an antique firearm.
(4) “Handgun” has the meaning stated in § 5-101 of the Public Safety Article.
(5) “Law enforcement officer” means:
(i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;
(ii) a park police officer of the Maryland-National Capital Parkland Planning Commission;
(iii) a member of the University of Maryland police force; and
(iv) any military or militia personnel directed by constituted authority to keep law and order.
(6)(i) “Public place” means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.
(ii) “Public place” is not limited to a place devoted solely to the uses of the public.
(iii) “Public place” includes:
1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
2. a public building, including its grounds and curtilage;
3. a public parking lot;
4. a public street, sidewalk, or right-of-way;
5. a public park; and
6. other public grounds.
Prohibited
(b)(1) This subsection does not apply to a law enforcement officer.
(2) A person may not have a firearm in the person’s possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
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 $1,000 or both.
§ 4-102. Deadly weapons on school property (top)
Exceptions
(a) This section does not apply to:
(1) a law enforcement officer in the regular course of the officer’s duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
Prohibited
(b) A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
Penalty
(c)(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 3 years or a fine not exceeding $1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.
§ 5-134. Restrictions on sale, rental, or transfer of regulated firearms (top)
Preemption by State
(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the transfer by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the transfer of a regulated firearm.
Sale, rental, or transfer of regulated firearm prohibited
(b) A dealer or other person may not sell, rent, or transfer a regulated firearm to a purchaser, lessee, or transferee who the dealer or other person knows or has reasonable cause to believe:
(1) is under the age of 21 years;
(2) has been convicted of a disqualifying crime;
(3) has been convicted of a conspiracy to commit a felony;
(4) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(5) is a fugitive from justice;
(6) is a habitual drunkard;
(7) is addicted to a controlled dangerous substance or is a habitual user;
(8) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health–General Article, and has a history of violent behavior against the purchaser, lessee, or transferee or another, unless the purchaser, lessee, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;
(9) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health–General Article, unless the purchaser, lessee, or transferee possesses a physician’s certificate that the recipient is capable of possessing a regulated firearm without undue danger to the purchaser, lessee, or transferee or to another;
(10) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;
(11) if under the age of 30 years at the time of the transaction, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;
(12) is visibly under the influence of alcohol or drugs;
(13) is a participant in a straw purchase; or
(14) subject to subsection (c) of this section for a transaction under this subsection that is made on or after January 1, 2002, has not completed a certified firearms safety training course conducted free of charge by the Police Training Commission or that meets standards established by the Police Training Commission under § 3-207 of this article.
Exemption from certified firearms training course requirement
(c) A person is not required to complete a certified firearms safety training course under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle if the person:
(1) has already completed a certified firearms safety training course required under subsection (b)(14) of this section and § 5-118(b)(3)(x) of this subtitle;
(2) is a law enforcement officer of the State or any local law enforcement agency in the State;
(3) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;
(4) is a member of an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition; or
(5) has been issued a permit to carry a handgun under Subtitle 3 of this title.
Sale, rental, or transfer of regulated firearm to minor prohibited
(d)(1) A person may not sell, rent, or transfer:
(i) ammunition solely designed for a regulated firearm to a person who is under the age of 21 years; or
(ii) 1. a firearm other than a regulated firearm to a minor;
2. ammunition for a firearm to a minor;
3. pepper mace, which is an aerosol propelled combination of highly disabling irritant based products and is also known as oleo-resin capsicum (O.C.) spray, to a minor; or
4. another deadly weapon to a minor.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
§ 5-133. Restrictions on possession of regulated firearms (top)
Preemption by State
(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.
Possession of regulated firearm prohibited
(b) A person may not possess a regulated firearm if the person:
(1) has been convicted of a disqualifying crime;
(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;
(3) is a fugitive from justice;
(4) is a habitual drunkard;
(5) is addicted to a controlled dangerous substance or is a habitual user;
(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health–General Article and has a history of violent behavior against the person or another, unless the person has a physician’s certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(7) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health–General Article, unless the person has a physician’s certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;
(8) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or
(9) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
Penalty for possession by convicted felon
(c)(1) A person may not possess a regulated firearm if the person was previously convicted of:
(i) a crime of violence; or
(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5- 606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years, no part of which may be suspended.
(3) A person sentenced under paragraph (1) of this subsection may not be eligible for parole.
(4) Each violation of this subsection is a separate crime.
Possession by person under age of 21 years prohibited; exceptions
(d)(1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm or ammunition solely designed for a regulated firearm.
(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:
(i) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and
2. acting with the permission of the parent or legal guardian of the transferee or person in possession;
(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;
(iii) a member of the armed forces of the United States or the National Guard while performing official duties;
(iv) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
1. participating in marksmanship training of a recognized organization; and
2. under the supervision of a qualified instructor;
(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or
(vi) the possession of a firearm or ammunition for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.
§ 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.
§ 5-108. Criminal history records check (top)
Central Repository defined
(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
Application required
(b) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a dealer’s license.
Contents of application
(c) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(1) two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
Information forwarded to applicant and State Police
(d) In accordance with §§ 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history record information.
Restrictions on information
(e) Information obtained from the Central Repository under this section:
(1) is confidential and may not be disseminated; and
(2) shall be used only for the licensing purpose authorized by this section.
Subject may contest contents
(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.
§ 5-305. Criminal history records check (top)
“Central Repository” defined
(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
Application required
(b) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit.
Contents of application
(c) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
(1) two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
Information forwarded to applicant and State Police
(d) In accordance with §§ 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history record information.
Restrictions on information
(e) Information obtained from the Central Repository under this section:
(1) is confidential and may not be disseminated; and
(2) shall be used only for the licensing purpose authorized by this section.
Subject may contest contents
(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.
§ 5-121. Investigation of firearm applicant (top)
Secretary to conduct investigation
On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.
Request for assistance
(b) In conducting an investigation under this subsection, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in a county not maintaining a police force.
§ 5-122. Disapproval of firearm application (top)
Grounds
(a) The Secretary shall disapprove a firearm application if:
(1) the Secretary determines that the firearm applicant supplied false information or made a false statement;
(2) the Secretary determines that the firearm application is not properly completed; or
(3) the Secretary receives written notification from the firearm applicant’s licensed attending physician that the firearm applicant suffers from a mental disorder and is a danger to the firearm applicant or to another.
Notice
(b)(1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.
(2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.
(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.
§ 5-123. Time for licensee to complete transactions (top)
Seven-day waiting period
(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.
Completion required in 90 days
(b) A licensee shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.
Incomplete transactions
(c)(1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a licensee shall return the firearm application to the Secretary within 7 days.
(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.
Notification of completed transaction
(d)(1)(i) A licensee who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.
(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.
(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.
§ 5-124. Secondary transactions (top)
Seven-day waiting period
(a)(1) A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.
(2) As an alternative to completing a secondary sale of a regulated firearm through a licensee, a prospective seller, lessor, or transferor and a prospective purchaser, lessee, or transferee may complete the transaction through a designated law enforcement agency.
Processing fee
(b) A firearm applicant for a secondary sale of a regulated firearm through a licensee shall pay to the licensee a processing fee not exceeding $20.
Completion required in 90 days
(c) A person shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.
Incomplete transactions
(d)(1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a person shall return the firearm application to the Secretary within 7 days.
(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.
Notification of completed transaction
(e)(1)(i) A person who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.
(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.
(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.
§ 5-125. Approved, on hold, and disapproved applications (top)
Approved applications
(a) An approved firearm application is valid only for the purchase, rental, or transfer of the regulated firearm listed in the firearm application.
On hold and disapproved applications
(b) A licensee or other person may not sell, rent, or transfer a regulated firearm to a firearm applicant whose firearm application is placed on hold because of an open disposition of criminal proceedings against the firearm applicant or disapproved, unless the hold or disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5- 127 of this subtitle.
Right to hearing
(a)(1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under § 5-122 of this subtitle.
(2) The Secretary shall grant the hearing within 15 days after receiving the request.
Application of contested case provisions
(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
Venue
(c) The hearing shall be held in the county of the legal residence of the firearm applicant.
§ 5-127. Judicial review (top)
Any subsequent judicial review shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
The Maryland concealed weapons attorneys and Law Offices of SRIS, P.C., are located in Rockville and Annapolis, but our sphere of activity is statewide.
If you wish to obtain more information, please contact our Maryland firearms lawyers via e-mail or by filling out our on-line form.
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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.
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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: |
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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.
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MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH CRIMINAL CHARGES IN MARYLAND
A criminal charge can place a tremendous amount of stress on a person. The person charged begins to feel the entire weight of the criminal justice system bearing down on them. To make things worse, once a person is charged, they may loose their job or have their friends and family view them differently. The worst part of all of this is that this occurs even before the person accused has been convicted of a crime. Regardless of the criminal charge you are facing in Maryland, know one thing for certain. When you hire the Maryland criminal attorneys of SRIS, P.C., you know you have your strongest supporter at your side. How do you know this? Once the Maryland criminal attorneys of SRIS, P.C. are hired, our attorneys will do their best to return your call within eight (8) hours of you calling them. Also to better serve you, the Maryland criminal attorneys of SRIS, P.C., have two offices to better serve you. Our Maryland offices are in Rockville and Baltimore. During your entire case, we will work diligently towards keeping you informed as to the status of your case. Our Maryland criminal defense attorneys will not hesitate to prepare for trial and vigorously defend you. However, if it is in your best interest to plea bargain, we will do our best to obtain you the best plea available. We defend adults & juveniles charged with criminal offenses in Maryland. If you wish to consult a SRIS, P.C. Maryland criminal lawyer, please simply contact us via email or call us at our toll free number (888-437-7747) or our fast on line form. A Maryland criminal attorney of SRIS, P.C. will gladly consult with you regarding your matter.
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BALTIMORE, MARYLAND OFFICE:
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ROCKVILLE, MARYLAND OFFICE: |
The following is a basic primer regarding Maryland criminal procedure:
- Maryland Criminal Law Process and Proceedings
- Being Stopped By The Police
- Search Warrants & Searches
- Warrantless Searches
- Being Arrested
- Booking or Being Booked
- Arraignment
- Bail/Bond
- Speedy Trial
- Going to Trial
- Jury Nullification
- Appealing Your Sentence
Maryland Criminal Law Process and Proceedings (top)
If you’ve been charged in a criminal case in Maryland, there’s bound to be a lot of uncertainty about the exact process and proceedings. Criminal law is often complex and confusing, and knowing your legal rights is always in your best interest.
Your first action should be to contact an Maryland criminal defense attorney experienced in Maryland criminal law matters. Your attorney will be able to explain the law as it pertains to your particular case, the possible penalties involved, and how to best assist you in making informed decisions as your case moves through the Maryland criminal court process
Let’s take a look at the possible steps involved with the criminal process.
Being Stopped By The Police in Maryland (top)
A police office may ‘stop’ or detain you for questioning. This is not the same as being arrested. When under arrest, a person is usually moved to a different location. If stopped by the police in Maryland, the officer may ask you questions. However, you do have the right to remain silent.
Recent Supreme Court decisions have ruled that when investigating a possible crime or offense, police officers may ask your name, and you are obligated to reply. This does leave open several interesting possibilities, however. If by giving your name you are actually implicating yourself in a crime, that could run afoul of 5th Amendment protections against self-incrimination. Plus, the court did not address giving the police a pseudonym.
The Justices did note the 5th Amendment consideration mentioned above, but chose to leave that question for another day and another Court.
If the stop is routine, giving polite but short answers may be your best course of action. However, the moment you suspect your answers to any questions may implicate you in crime, the rule is: Remain Silent!
Search Warrants & Searches In Maryland (top)
A search warrant is a written order issued by judge or magistrate authorizing the police to conduct a search of your person, location or residence in order to find evidence of a criminal offense, and if finding such evidence, seizing it.
Under the Fourth Amendment to the United States Constitution, in order for most warrants to be issued, “probable cause” is necessary.
Any police entry of an individual’s home always requires a warrant (for either search or arrest), absent extenuating circumstances such as hot pursuit of a felon, imminent destruction of evidence, preventing a felon’s escape, or a real risk of harm to police or others.
Probable cause may be based upon direct information, for example an officer’s personal observation. It can also be based upon hearsay – so long as the source of the hearsay is reliable, as determined by a entirety of the circumstances.
In Maryland, for probable cause to exist, these conditions must be met:
•· It is more likely than not that the specific items to be searched for are connected with criminal activities
•· Those items will be found in the place to be searched
Warrantless Searches In Maryland (top)
In Maryland, search warrants are not required for the following:
- Searches during an arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
- Automobile searches: If you’re arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
- Exigent circumstances: Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as the factors mentioned above: Hot pursuit of a felon, imminent destruction of evidence, preventing a felon’s escape, or a real risk of harm to police or others.
- Plain view: A search warrant is not required if the officer sees a suspect object that is in plain view. For example, if a police officer stops you for a traffic violation and sees bags of white powder lying on your car seat, a search warrant isn’t necessary to investigate the nature of that powder more closely. The deciding factors here are that the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband
- Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren’t required to consent to any police searches. As a rule of thumb, it’s always better to deny consent. You may have items on you that are illegal without you even knowing it. (Mace, pepper spray, knives all come to mind.)
It should be noted that police officers have tried to circumvent this “consent” limitation. One case in point involved searching luggage on a Greyhound bus for illegal drugs without the requisite probable cause. The police officers “asked” each rider to open up their luggage – without informing them of their right of refusal. The Supreme Court ultimately sided with the police, ruling that the officers had no obligation to inform the bus riders they could refuse the search.
This holds true when being stopped for a minor traffic violation. The officer may “ask” you to open up your trunk, without stipulating you can refuse. The intimidation factor alone causes many innocent people to comply.
Being Arrested In Maryland (top)
In Maryland, as in other states, in order for a police officer to arrest you, he or she must again have “probable cause.” This means there must be a reasonable belief a crime was committed – and you either committed it or were involved in that crime. A police officer may arrest you with or without an arrest warrant.
After being placed under arrest, it is important to remember your constitutional rights. At this point, the two most important rights for you to be aware of are your rights to remain silent and the rights to have an attorney.
After your arrest, you can’t be compelled to say anything to police or investigators until you have an attorney present. You must also be given the opportunity to contact an attorney.
IN EVERY CASE, it is advisable to remain silent after being arrested. Don’t try and “talk your way out” of the situation. Anything you say can and will be used against you. When placed under arrest, you may not be aware of all the consequences of your alleged crime under Maryland law. By remaining silent, you can’t be held answerable for things not said.
It’s also advisable not to resist arrest. You’ll have your chance in court if you believe the arresting officer was acting out of malice or without proper cause. Resisting arrest only make you appear guilty – and it can also result in physical force being used against you as well.
Booking or Being Booked In Maryland (top)
After being arrested in Maryland, you’ll be brought by the police to the police station for the booking process. You’ll be fingerprinted and asked a series of questions, such as your name and date of birth. You’ll also be searched and photographed. Your personal property such as jewelry will be cataloged and stored.
Arraignment In Maryland (top)
After criminal charges are filed against you in Maryland, you’ll make a court appearance known as an “arraignment.” If you’ve been incarcerated, this will usually occur within 72 hours of your arrest.
During your arraignment, you’ll be asked to enter a “plea” to the crime you’ve been charged with. There four pleas you can make in Maryland are:
- Guilty plea: If you plead “guilty,” you’re admitting to the facts of the crime and that you were the one who committed that crime.
- Not guilty plea: A “not guilty” plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
- No contest plea: A “no contest” plea (nola contendere: I will not contest it) indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
- “Mute” plea: In Maryland, you may “stand mute” instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.
During this arraignment process, the court will also:
- Set bail
- Refuse to set bail; or
- Release you on your own personal recognizance, which means the court takes your word that you will appear when necessary for later court obligations.
You may be charged in Maryland with a felony or a misdemeanor. Felony is a more serious crime, usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is a lesser offense usually punishable by a fine or a year or less of incarceration.
Bail/Bond In Maryland (top)
“Bail” is money or property given as security to ensure that you’ll show up for further criminal proceedings.
In Maryland, bail can be paid:
- In cash
- A pledge of property
- Intangible Assets (bankbooks, certificates of deposit, letters of credit, and certificates for stocks)
- Credit and Debit Cards
- A bail bond via a bail bondsman
A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. In return, they usually charge the defendant 10% of the bail fee as compensation for their services.
If you don’t show up for these further proceedings, the bail is forfeited – plus in Maryland you’ll also be guilty of the crime of failure to appear. In most cases bail money is returned at the end of the trial, no matter whether you are found guilty or not guilty of the crime.
If you hire the services of a bail bondsman, be aware the law usually allows them to use the services of bounty hunters should you choose to flee from justice – commonly called jumping bail or skipping bail.
The bounty hunter is paid a portion of the bail the “bail jumper” originally paid through the bondsman. If the fugitive eludes capture, the bondsman, not the bounty hunter, is responsible for the remainder of the bail.
Bounty hunters are also sometimes known as “bail enforcement agents” or “fugitive recovery agents.” Unlike police officers, they have no legal protections against injuries to non-fugitives and few legal protections against injuries to their targets.
Speedy Trial In Maryland (top)
Under the Sixth Amendment of the United States Constitution, you have a right to a speedy trial. In Maryland, this requires the trial date be held no later than 180 days from the date of your appearance before the court. This right can be waived if good cause is shown.
Going to Trial In Maryland (top)
In Maryland, many prosecutors will consider “plea agreements,” although it’s not legally required.
A plea agreement or plea bargain, plea deal or copping a plea is an agreement in a criminal case where the prosecutor and defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest in exchange for some agreement from the prosecutor as to what punishment they’ll receive.
If you are charged In Maryland with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:
- Pleading guilty; or
- Choosing a bench trial (a trial in front of a judge only)
At a bench trial, you are waiving your right to trial by jury and agree to have the facts of your case weighed and decided upon solely by the judge
At a trial by jury, you can either be found innocent (acquitted) of the charges brought against you, be acquitted of some charges and found guilty of others (if charged with multiple counts), or have a “hung jury: A “hung jury” means guilt or innocence could not be determined. This usually results in a mistrial and new legal proceedings.
Jury Nullification In Maryland (top)
There is also the little known and less used acquittal by Jury Nullification. In common law, the jury not only has the obligation to convict or acquit on the basis of the facts and beyond a reasonable doubt – they also have the right to judge the law itself. In effect saying: “Yes, the law does prohibit this action, but we the jury nullify that law in this particular case.”
Judges have traditionally refused to allow any mention of jury nullification in their courtrooms, and potential jurors are usually screened out if it appears they lean towards applying it to the case at hand. Even sitting jurors have been removed for merely mentioning nullification during their deliberations. Yet jury nullification does exist, evidenced and reaffirmed in 1969 by the United States Court of Appeals:
“We recognize…the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision.”
United States Court of Appeals for the District of Maryland: (US vs Moylan, 417 F 2d 1002, 1006 (1969)).”
In fact, the only Supreme Court ever impeached was Justice Samuel Chase – for denying a jury’s right to judge the law.
Appealing Your Sentence In Maryland (top)
In Maryland, after being convicted and sentenced, you have the chance to file an appeal of your sentence. This opportunity is not absolute – if you pleaded guilty, you may need to ask for “leave” or permission to appeal your conviction.
However, if you were convicted in Maryland at a trial by a jury, you do have an absolute right to appeal. An appeal does not retry the case. It’s a review and examination of the trial record – ensuring the proceedings were conducted in a fair and reasonable manner. Depending upon the crime, this process varies, but be aware that in Maryland there are time deadlines and limitations by which you must file an appeal or lose that right.
There are many reasons why you may want to appeal a guilty verdict in a criminal case, including what’s called “legal error.”
Legal error may include:
- Evidence was allowed during the criminal process that should have been inadmissible, including evidence that was obtained in violation of your constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
- Mistakes in the judge’s instructions to the jury regarding your case
You may also appeal due to a juror or jurors misconduct, or if newly discovered evidence proves your innocence.
Our Maryland criminal defense 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 email or complete the on-line form
The Maryland criminal attorneys of SRIS, P.C. handle Federal cases in the following Maryland Federal courthouses:
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND CRIMINAL TRESPASS DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH TRESPASSING IN MARYLAND
Entering the property of another in Maryland after having been forbidden to do so can result in being charged with trespass. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland trespass defense lawyers in its offices in Rockville and Annapolis. For more information or to make an appointment with a SRIS, P.C. lawyer, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of trespassing defense, please click here.
To learn more about the laws pertaining to trespassing defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of trespass charges one could face in the State of Maryland. Click on any of the following issues to learn more about them.
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Trespass on posted property
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Wanton trespass on private property
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Use of a vehicle on private property
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Wanton entry on cultivated land
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Trespass in stable area of racetrack
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Entry on property for purpose of invading privacy of occupants
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Refusal or failure to leave public building or grounds
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Wanton trespass on property of Government House
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Trespassing prohibited
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Removing human remains without authority
MARYLAND TRESPASS LAWS
MD Code § 6-402. Trespass on posted property (top)
Prohibited
(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen; or
(2) paint marks that:
(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and
(ii) are made on trees or posts that are located:
1. at each road entrance to the property; and
2. adjacent to public roadways, public waterways, and other land adjoining the property.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-403. Wanton trespass on private property (top)
Prohibited–Entering and crossing property
(a) A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.
Prohibited–Remaining on property
(b) A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-404. Use of a vehicle on private property (top)
(a) This section does not apply to:
(1) a vessel;
(2) a military, fire, or law enforcement vehicle;
(3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving;
(4) earth-moving or construction equipment used for those purposes; or
(5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose.
Prohibited
(b) Except when traveling on a clearly designated private driveway, a person may not use a vehicle or off-road vehicle on private property unless the person has in the person’s possession the written permission of the owner or tenant of the private property.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-406. Wanton entry on cultivated land (top)
(a) “Cultivated land” means land that has been cleared of its natural vegetation and is currently planted with a crop or orchard.
(b) Unless a person has permission from the owner of cultivated land or an agent of the owner, a person may not enter on the cultivated land of another.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-407. Trespass in stable area of racetrack (top)
Prohibited
(a) A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-408. Entry on property for purpose of invading privacy of occupants (top)
Prohibited
(a) A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
MD Code § 6-409. Refusal or failure to leave public building or grounds (top)
Prohibited–During regularly closed hours
(a) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during the time when the public building or grounds, or specific part of the public building or grounds, is regularly closed to the public if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave has no apparent lawful business to pursue at the public building or grounds; and
(2) a regularly employed guard, watchman, or other authorized employee of the government unit that owns, operates, or maintains the public building or grounds asks the person to leave.
Prohibited–During regular business hours
(b) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during regular business hours if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave:
(i) has no apparent lawful business to pursue at the public building or grounds; or
(ii) is acting in a manner disruptive of and disturbing to the conduct of normal business by the government unit that owns, operates, or maintains the public building or grounds; and
(2) an authorized employee of the government unit asks the person to leave.
Penalty
(c) 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 $1,000 or both.
MD Code § 6-410. Wanton trespass on property of Government House (top)
Prohibited
(a) A person may not commit wanton trespass on the property of Government House.
Posting not necessary
(b) Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.
Penalty
(c) 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 $1,000 or both.
MD Code, Education,§ 26-102. Trespassing prohibited (top)
(a) In this section, “school resource officer” means a law enforcement officer as defined under § 3-101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3-101(b) of the Public Safety Article and the local education agency.
(b) The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:
(1) Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;
(2) Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or
(3) Acts in a manner that disrupts or disturbs the normal educational functions of the institution.
(c) Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.
(d) The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:
(1) The institution is closed; or
(2) None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.
(e) A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:
(1) Trespasses on the grounds of any public institution of elementary, secondary, or higher education;
(2) Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or
(3) Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.
MD Code, Criminal Law, § 10-402. Removing human remains without authority (top)
Prohibited
(a) Except as provided in subsection (b) of this section, a person may not remove or attempt to remove human remains from a burial site.
Exception
(b) Subject to subsection (c) of this section, the State’s Attorney for a county may authorize in writing the removal of human remains from a burial site in the State’s Attorney’s jurisdiction:
(1) to ascertain the cause of death of the person whose remains are to be removed;
(2) to determine whether the human remains were interred erroneously;
(3) for the purpose of reburial; or
(4) for medical or scientific examination or study allowed by law.
Exception–Notice
(c)(1) Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located.
(2) The notice shall be published in the newspaper one time.
(3) The notice shall contain:
(i) a statement that authorization from the State’s Attorney is being requested to remove human remains from a burial site;
(ii) the purpose for which the authorization is being requested;
(iii) the location of the burial site, including the tax map and parcel number or liber and folio number; and
(iv) all known pertinent information concerning the burial site, including the names of the persons whose human remains are interred in the burial site, if known.
(4)(i) The State’s Attorney may authorize the temporary relocation of human remains from a burial site for good cause, notwithstanding the notice requirements of this subsection.
(ii) If the person requesting the authorization subsequently intends to relocate the remains permanently, the person promptly shall publish notice as required under this subsection.
(5) The person requesting the authorization from the State’s Attorney shall pay the cost of publishing the notice.
(6) The State’s Attorney may authorize the removal of the human remains from the burial site after:
(i) receiving proof of the publication required under paragraph (1) of this subsection; and
(ii) 15 days after the date of publication.
(7) This subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site.
(8) For a known, but not necessarily documented, unmarked burial site, the person requesting authorization for the removal of human remains from the burial site has the burden of proving by archaeological excavation or another acceptable method the precise location and boundaries of the burial site.
Exception–Reinterment
(d)(1) Any human remains that are removed from a burial site under this section shall be reinterred in:
(i)1. a permanent cemetery that provides perpetual care; or
2. a place other than a permanent cemetery with the agreement of a person in interest as defined under § 14-121(a)(4) of the Real Property Article; and
(ii) in the presence of:
1. a mortician, professional cemeterian, or other individual qualified in the interment of human remains;
2. a minister, priest, or other religious leader; or
3. a trained anthropologist or archaeologist.
(2) The location of the final disposition and treatment of human remains that are removed from a burial site under this section shall be entered into the local burial sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed appropriate by the State’s Attorney or the Maryland Historical Trust.
Construction of section
(e) This section may not be construed to:
(1) preempt the need for a permit required by the Department of Health and Mental Hygiene under § 4-215 of the Health–General Article to remove human remains from a burial site; or
(2) interfere with the normal operation and maintenance of a cemetery, as long as the operation and maintenance of the cemetery are performed in accordance with State law.
Penalty
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Statute of limitations and in banc review
(g) A person who violates this section is subject to § 5-106(b) of the Courts Article
The Maryland trespass attorneys and Law Offices of SRIS, P.C., are located in Rockville and Baltimore.
Our Maryland trespass 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.
