Posts Tagged ‘Montgomery Maryland’
ABOGADO DE LICENCIA DE MANEJAR SUSPENDIDA EN MONTGOMERY
Manejar con una licencia suspendida es una ofensa criminal de trafico muy seria en Maryland. Si Ud. es acusado de manejar con la licencia suspendida deberia consultar imediatamente con un abogado de SRIS, P.C en Montgomery.
En Maryland, es contra la ley manejar cuando la licencia de manejar esta suspendida o revocada. Esta ofensa tambien se reconoce como DOS & DWS.
Manejar sin tener una licencia tambien es contra la ley en Maryland. Especialmente si tu derecho para aplicar para una licencia ha sido suspendido o revocado.
Una persona que maneja un automovil en otro estado mientras su licencia es suspendida o revocada en el estado original de registracion pueden ser tambien condenados por esta ofensa.
LA OFICINA LEGAL SRIS, P.C. TIENE UNA OFICINA EN MONTGOMERY PARA MEJOR SERVIRLE A UD.
Si Ud. desea consultar con un abogado sobre el cargo de manejar con licencia suspendida o revocada en Montgomery, póngase en contacto con nosotros al 877-437-7747 o mirenos on-line.
Si su licencia ha sido suspendida en Maryland, entonces su derecho de manejar es revocado durante un periodo de tiempo. Por ejemplo, la licencia es suspendida por un ano por la condena de manejar bajo la influencia de alcohol.
En Maryland, la ley require que el Departamento de Automoviles suspenda o revoque la licencia por ciertos tipos de ofensas como la falta de pagar multas o costos de la corte. Tambien, la ley permite al juez en Maryland suspender la licencia si esta relacionada a una ofensa de trafico como reckless driving.
Su licencia en Maryland hasta puede ser suspendida por falta de obedecer una orden de la corte. Por ejemplo, por falta de completer un programa de rehabilitacion impuesto por la corte.
En Maryland, es necesario tener seguro de auto y falta de proveder a la division de automoviles prueba de esta tambien puede resultar en la suspension de su licencia.
Los abogados de asuntos de trafico de Montgomery en la firma de SRIS, P.C. tienen mucha experiencia asistiendo a clientes acusado de manejar sin licencia o con licencia suspendida. Ponganse en contacto con nosotros al 888-437-7747 o mirenos on-line.
MARYLAND PRESCRIPTION FORGERY LAWS & DEFENSE
Anybody can become addicted to painkillers and other prescription drugs. Prescription medication can be highly addictive. As a result of this addiction, people will frequently attempt to obtain drugs and other controlled substances by fraud, deceit, or forgery.
The SRIS Law Group provides its clients with skilled defense against Prescription Drug Charges in Maryland
If you or someone you love has been charged with prescription drug possession, prescription fraud, possession of fraudulent or forged prescriptions, the charge must be taken seriously and defended aggressively to obtain the best result possible. Don’t wait until it’s too late to hire an experienced Maryland prescription fraud lawyer.
Our Maryland prescription drug fraud lawyers will discuss your case with you and begin to prepare the defenses available to you against a charge of prescription fraud, possession of prescription drugs, possession with intent to distribute, or other drug charges.
The SRIS Law Group Maryland drug crimes lawyers defend clients against criminal charges and activity related to prescription medication and other drugs, including:
• Prescription drug possession
• Possession of fraudulent prescriptions
• Stolen prescription pads
• Calling in fraudulent prescriptions to a pharmacy
• Using computers to create fraudulent prescriptions
• Illegally altering or changing valid scripts
• Drug treatment and rehabilitation instead of time in jail or prison
The Penalties are very serious for Prescription Drug Fraud in Maryland
In Maryland, whether you are facing a felony or misdemeanor crime will depend on the type of drug and the amount of drug or controlled substance you allegedly possessed:
Schedule II drugs include powerful painkillers and stimulants such as methadone, Ritalin, morphine, cocaine and methamphetamine. Possession of these types of drugs is a felony with a possible sentence of up to 10 years in prison and a fine of up to $2,500.
Schedule III drugs include medications such as Vicodin, hydrocodone, Special K, Fentanyl, steroids, and other depressants. Possessing these drugs is a misdemeanor and the potential penalty is up to 12 months in jail and a fine of up to $2,500.
Schedule IV drugs include less-addicting painkillers, tranquilizers and anti-anxiety medications such as Xanax, Valium and others. Possession of a Schedule IV drug is a misdemeanor with a possible penalty of up to 6 months in jail and fines of up to $1,000.
Contact us today if you need to defend yourself against any type of prescription drug charge in Maryland.
MARYLAND CHILD SUPPORT
OBTAINING, MODIFYING & ENFORCEMENT
Clients in Maryland who need help with either obtaining child support or modifying an existing child support order can encounter some significant hurdles.
In theory, the Maryland legislature has created some very easy to follow rules in terms of determining child support. However, there are a variety of different factors to consider when determining child support.
Some of the different factors the courts have to evaluate when determining support in Maryland are:
• If someone is underemployed or voluntarily unemployed.
• How to handle a self employed individual’s income?
• How to determine if someone is declaring all of their income?
• What is income?
• How much support should be allocated to a child from a prior marriage?
• How to determine whether someone should get support based on shared custody guidelines vs. primary physical custody guidelines.
• How to go about enforcing a child support order?
• How to deal with a Show Cause Motion filed by one of the parties in a child support case?
These are just some of the issues a client who is dealing with child support in Maryland may have to deal with in a child support case. If you or a loved one is dealing with child support issues in Maryland, then contacting a Maryland child support lawyer may be the best option.
The SRIS Law Group Maryland child support lawyers are familiar with the laws addressing child support in Maryland and can help you navigate this very complicated system.
If you need help with getting child support or modifying an existing child support order or filing a Show Cause Motion for failure to pay child support, the SRIS Law Group child support attorneys can help you with these types of issues.
Contact a SRIS Law Group Maryland child support attorney for help today.
Our Maryland child support attorneys and staff speak the following languages in addition to English: Arabic, Spanish, Mandarin, Cantonese, Tamil, Telugu, Hindi & French.
The following are some of the Maryland child support laws in Maryland:
CHILD SUPPORT STATUTES – MARYLAND
§ 12-101. Award by court — Authorized
(a) Awarded from time of filing of pleading. –
(1) Unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading that requests child support pendente lite, the court shall award child support for a period from the filing of the pleading that requests child support.
(2) Notwithstanding paragraph (1) of this subsection, unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading filed by a child support agency that requests child support, the court shall award child support for a period from the filing of the pleading that requests child support.
(3) For any other pleading that requests child support, the court may award child support for a period from the filing of the pleading that requests child support.
(b) Credit for payments. — The court shall give credit for payments that the court finds have been made during the period beginning from the filing of the pleading that requests child support.
(c) Notice requirement. — Any support order or modification of a support order that is passed on or after July 1, 1997 shall include a statement that:
(1) each party is required to notify the court and any support enforcement agency ordered to receive payments, within 10 days of any change of address or employment; and
(2) failure to comply with paragraph (1) of this subsection may result in a party not receiving notice of the initiation of a proceeding to modify or enforce a support order.
(d) Maternity expenses; medical support for child. –
(1) The court may order either parent to pay all or part of:
(i) the mother’s medical and hospital expenses for pregnancy, confinement, and recovery; and
(ii) medical support for the child, including neonatal expenses.
(2) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, any records relating to the cost of the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery and any neonatal expenses of the child shall be admissible in evidence without the presence of a custodian of record and shall constitute prima facie evidence of the amount of expenses incurred.
§ 12-102. Award by court — Inclusion of child on health insurance policy
(a) Definitions. –
(1) In this section the following words have the meanings indicated.
(2) “Accessible” means health insurance coverage that insures primary care services located within the lesser of 30 miles or 30 minutes from the child’s primary residence.
(3) “Actual income” has the meaning stated in § 12-201(b) of this title.
(4) “Adjusted actual income” has the meaning stated in § 12-201 of this title.
(5) “Basic child support obligation” has the meaning stated in § 12-201 of this title.
(6) “Cash medical support” means an amount paid:
(i) toward the cost of health insurance provided by:
1. a public entity; or
2. one or both parents through employment or otherwise; or
(ii) for other medical costs not covered by insurance, including extraordinary medical expenses.
(7) “Extraordinary medical expenses” has the meaning stated in § 12-201 of this title.
(8) “Health insurance coverage” means any type of health care coverage under which medical care services can be provided to the child through an insurer.
(9) “Insurer” means:
(i) an insurer, a nonprofit health service organization, or a health maintenance organization operating in this State under a certificate of authority issued by the Maryland Insurance Commissioner;
(ii) an entity that provides a group health plan, as defined in § 607(1) of the Employee Retirement Income Security Act of 1974; or
(iii) an entity offering a service benefit plan as defined by federal law.
(10) “Medical support notice” means a notice that is:
(i) in a format prescribed by federal law; and
(ii) issued by a child support agency to enforce the health insurance coverage provisions of a child support order.
(11) “Tribunal” has the meaning stated in § 10-301 of this article.
(b) Conditions allowing inclusion. — Except as provided in subsection (c) of this section, the court may include in any support order a provision requiring either parent to include the child in the parent’s health insurance coverage if:
(1) the parent can obtain health insurance coverage through an employer or any form of group health insurance coverage; and
(2) the child can be included at a reasonable cost to the parent in that health insurance coverage.
(c) Child support order under Title IV, Part D of Social Security Act. –
(1) This subsection applies only to a child support order under Title IV, Part D of the Social Security Act.
(2) (i) The court shall include in any support order that is established or modified a provision requiring one or both parents to include the child in the parent’s health insurance coverage if:
1. the parent can obtain health insurance coverage through an employer or any form of group health insurance coverage;
2. the child can be included at a reasonable cost to the parent in that health insurance coverage; and
3. the health insurance coverage is accessible to the child.
(ii) For purposes of subparagraph (i)2 of this paragraph, the cost of health insurance coverage is reasonable if the cost of adding the child to existing health insurance coverage, or the difference between self-only and family coverage, does not exceed 5% of the actual income of the parent ordered to pay for health insurance coverage.
(3) If health insurance coverage at a reasonable cost is not available at the time a support order is established or modified, the court:
(i) may include a provision requiring one or both parents to include the child in the parent’s health insurance coverage as described in paragraph (2) of this subsection if health insurance coverage at a reasonable cost becomes available in the future; and
(ii) shall include a provision requiring one or both parents to provide cash medical support in an amount not to exceed 5% of the actual income of the parent ordered to provide cash medical support.
(4) In addition to requiring one or both parents to provide health insurance coverage, the court may order one or both parents to provide cash medical support in an amount not to exceed 5% of the actual income of the parent ordered to provide cash medical support.
(5) Cash medical support ordered under this subsection shall be added to the basic child support obligation and divided by the parents in proportion to their adjusted actual incomes.
(6) The court may not order the obligee to pay cash medical support toward the cost of health insurance provided by a public entity for which the obligee does not pay a premium, including the Maryland Children’s Health Program under Title 15, Subtitle 3 of the Health – General Article.
(d) Relationship with earnings withholding order. — An order of a court requiring the provision of health insurance coverage for a child may be issued separate from or in conjunction with an earnings withholding order.
(e) Notification of employer. –
(1) If a court orders a parent to provide health insurance coverage under this section, the parent under the order or the support enforcement agency shall send a copy of the order or medical support notice to the parent’s employer by first-class mail, separate from or in conjunction with an earnings withholding order, as provided in § 10-123 of this article.
(2) Within 20 business days after the receipt of the order or medical support notice, the employer shall:
(i) send the appropriate part of the medical support notice to the employer’s insurer;
(ii) if the employer determines that, based on reasons related to the employee’s employment status, the employee’s child is ineligible for health insurance coverage, complete the appropriate part of the medical support notice and return it to the issuing child support agency;
(iii) permit the parent, a child support enforcement agency, or the Department of Health and Mental Hygiene to enroll the child in any health insurance coverage available to the parent without regard to any enrollment season restrictions;
(iv) provide a statement to the support enforcement agency and to both parents that the child:
1. has been enrolled in health insurance coverage;
2. will be enrolled in health insurance coverage and that the expected date of enrollment will be provided; or
3. cannot be enrolled in health insurance coverage; and
(v) provide information to both parents and to the support enforcement agency concerning the available health insurance coverage, including:
1. the employee’s Social Security number;
2. the name, address, and telephone number of the insurer;
3. the policy number;
4. the group number;
5. the effective date of coverage; and
6. any schedule of benefits.
(f) Withholding upon receipt of order or notice. — On receipt of the order or medical support notice, the employer:
(1) if the employee’s child is eligible for health insurance coverage, shall withhold from the employee’s next earnings the amount of the employee contribution required to enroll the employee’s child;
(2) if the employee’s child is not currently eligible for health insurance coverage but will become eligible, shall withhold from the employee’s earnings, at the earliest time the employee’s child becomes eligible, the amount of the employee contribution required to enroll the employee’s child; or
(3) if federal or State withholding limitations or prioritization prevent withholding from the employee’s wages the amount required for enrollment, shall complete and send, to the issuing child support agency, the appropriate part of the medical support notice indicating the employee’s income is insufficient for enrollment.
(g) Deductions of premiums. –
(1) To the extent consistent with the federal Consumer Credit Protection Act, the employer shall deduct the premiums for health insurance coverage from the earnings of the employee on a regular and continuing basis and pay the premiums to the insurer.
(2) The employer shall send to the insurer the amount deducted from the employee’s earnings each pay period within 10 business days after the day on which the earnings are paid to the employee.
(h) Elimination of coverage by employer. — An employer or the child’s parents may not disenroll or eliminate coverage for the child in any manner unless:
(1) the employer is provided satisfactory written evidence that:
(i) the court order is no longer in effect; or
(ii) the child has been or will be enrolled under other reasonable health insurance coverage, with the coverage to take effect no later than the effective date of disenrollment;
(2) the employer has eliminated family health coverage for all of its employees; or
(3) the employer no longer employs the parent under whose name the child has been enrolled for coverage except to the extent that if the parent elects to exercise the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) then coverage must be provided for the child consistent with the employer’s plan relating to postemployment medical coverage for dependents.
(i) Notification; reissuance. –
(1) If the health insurance coverage for the child terminates, the employer shall notify the other parent and, if a support enforcement agency is involved in the case, the support enforcement agency within 15 days of termination of the insurance.
(2) If, after a lapse in health insurance coverage, health insurance coverage becomes available to the employee for the child, the employer shall:
(i) enroll the child in health insurance coverage without regard to any enrollment season restrictions; and
(ii) within 15 days after health insurance coverage becomes available, provide notice to the support enforcement agency and the other parent of the enrollment.
(j) Willful violation by employer. — Subject to the provisions of this section, the parent or the support enforcement agency may bring a civil action against an employer who willfully violates the provisions of this section.
(k) Authority of court to enter order concerning uninsured expenses not limited. — This section does not limit the authority of a court to enter, modify, or enforce an order requiring payment of uninsured health expenses, health care costs, or health insurance premiums.
(l) Prohibited acts against employee. — An employer may not use the existence of an order or a medical support notice requiring health insurance coverage as a basis for:
(1) reprisal against an employee;
(2) dismissal of an employee from employment; or
(3) refusal to hire a person or to promote an employee.
(m) Order binding on present and future employees. — An order entered under this section is binding on a present and future employer of the parent on whom a copy of this order is served.
§ 12-102.1. Award by court — Medical support notice
(a) Issuance. — A medical support notice:
(1) may be issued by a child support agency in any child support case in which a circuit court of this State or tribunal of another jurisdiction has ordered a parent to include the child in the parent’s health insurance coverage; and
(2) shall be issued by a child support agency in all child support cases enforced by the Administration in which a noncustodial parent’s employer is known and a circuit court of this State or tribunal of another jurisdiction has ordered the parent to include the child in the parent’s health insurance coverage, unless the court order or administrative order provides for alternative health insurance coverage.
(b) Format and contents. — A medical support notice shall:
(1) be in a format approved by the federal government;
(2) be a separate document that does not include any other orders or pleadings; and
(3) include the following information:
(i) a statement explaining the employer’s obligations under this subtitle to withhold any employee contributions due in connection with health insurance coverage for the employee’s child;
(ii) a statement explaining that, subject to further orders of the circuit court of this State or tribunal of another jurisdiction, the employer is required to withhold the appropriate amount on a regular and continuing basis beginning with the next pay period after receipt of the appropriate part of the medical support notice indicating the employee’s child is eligible for enrollment;
(iii) an explanation of the application of the federal Consumer Credit Protection Act limits;
(iv) an explanation of the applicability of any prioritization required when available funds are insufficient for full withholding for both child support and medical support;
(v) any other information that the employer needs to comply with the medical support notice;
(vi) a statement that failure to comply with the medical support notice without good cause may subject the employer or carrier to civil penalties;
(vii) a statement of the employee’s right to contest the withholding based on a mistake of fact; and
(viii) the name and telephone number of the appropriate person to contact at the Administration about the medical support notice.
(c) Priority. — Subject to federal law, a medical support notice has priority over any other lien or legal process, except for current support and support arrears withheld under an earnings withholding order or notice.
(d) Force and effect. — A medical support notice that is completed appropriately and satisfies the conditions of § 609(a) of Title I of the Employee Retirement Income Security Act shall:
(1) be treated as a qualified medical child support order by a carrier;
(2) have the same force and effect as a qualified medical child support order; and
(3) be enforceable in the same manner as a qualified medical child support order.
(e) Enforcement of notice from another state. — A medical support notice issued in another state shall be enforced in the same manner as a medical support notice issued in this State.
§ 12-102.2. Award by court — Order by foreign court
An administrative order or a medical support notice for health insurance coverage issued in any other state or territory will be enforced to the same extent in a proceeding under this subtitle as an order or a medical support notice for health insurance coverage issued in this State.
§ 12-102.3. Administrative contests of withholdings
(a) Application and construction. –
(1) This section applies to administrative contests of withholdings from an employee’s earnings made by an employer for the purpose of complying with this title.
(2) Nothing in this section may be construed to limit an employee’s right to judicially contest an underlying court order requiring the employee to provide health insurance coverage for the employee’s child.
(b) Basis for administrative contests. –
(1) An employee may only contest a withholding under this section based on a mistake of fact.
(2) The only issues that may be contested are:
(i) the identity of the employee;
(ii) whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;
(iii) that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and
(iv) that the child for whom health insurance coverage is sought is emancipated.
(c) Written request. — An employee may contest a withholding by sending a written request for an investigation to the Administration within 15 days after receiving notice of the withholding from the employer.
(d) Investigation and notification of results. — If an employee requests an investigation, the Administration:
(1) shall conduct an investigation within 15 days after the request; and
(2) on completion of the investigation, shall notify the employee of the results of the investigation and the employee’s right to appeal the decision of the Administration to the Office of Administrative Hearings.
(e) Appeal. –
(1) (i) An employee may appeal the Administration’s decision to the Office of Administrative Hearings by filing a written request for a hearing with the Administration or the Office of Administrative Hearings.
(ii) The request for a hearing shall be made:
1. on a form provided by the Administration; and
2. within 15 days after receiving the written results of the Administration’s investigation.
(2) The only issues that may be contested in an administrative hearing are:
(i) the identity of the employee;
(ii) whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;
(iii) that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and
(iv) that the child for whom health insurance coverage is sought is emancipated.
(3) An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(f) Rights of child pending contest. — Enrollment of the employee’s child may not be stayed or terminated until the employer receives written notice that the contest is resolved in the employee’s favor.
§ 12-103. Award of costs and counsel fees
(a) In general. — The court may award to either party the costs and counsel fees that are just and proper under all the circumstances in any case in which a person:
(1) applies for a decree or modification of a decree concerning the custody, support, or visitation of a child of the parties; or
(2) files any form of proceeding:
(i) to recover arrearages of child support;
(ii) to enforce a decree of child support; or
(iii) to enforce a decree of custody or visitation.
(b) Required considerations. — Before a court may award costs and counsel fees under this section, the court shall consider:
(1) the financial status of each party;
(2) the needs of each party; and
(3) whether there was substantial justification for bringing, maintaining, or defending the proceeding.
(c) Absence of substantial justification. — Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party costs and counsel fees.
§ 12-104. Modification of child support award
(a) Prerequisites. — The court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstance.
(b) Retroactivity of modification. — The court may not retroactively modify a child support award prior to the date of the filing of the motion for modification.
§ 12-105. Central registry of records
(a) In general. –
(1) The Child Support Enforcement Administration of the Department of Human Resources shall maintain a central registry of records of all identifying information that relates to parents who have deserted or who appear to have deserted their children.
(2) The Child Support Enforcement Administration shall list these parents in the registry whether or not their children are likely to become recipients of public assistance or foster care.
(b) Requests for information. — In accordance with subsections (c) and (d) of this section, to carry out the purposes of this section, the Child Support Enforcement Administration may receive from any agency of this State, political subdivision of this State, employer, public service company, energy provider, or labor union information and assistance that will enable the Child Support Enforcement Administration, the local enforcement office, or the State’s Attorney for the county involved:
(1) to locate an absent parent or a parent who has deserted or appears to have deserted a child;
(2) to enforce the liability of the parent for the support of a child of the parent; or
(3) to obtain other financial and location information concerning parents and putative fathers needed by the administration to carry out its responsibilities under State and federal law.
(c) Information required to be supplied — State, employer, or labor union. –
(1) Upon written request by the Child Support Enforcement Administration, any agency of this State, political subdivision of this State, employer, or labor union shall provide, if available, a person’s:
(i) Social Security account number;
(ii) date of birth;
(iii) last known residence or mailing address;
(iv) present or last known employer;
(v) length of employment;
(vi) job classification;
(vii) name of person to be notified in case of emergency and the person’s residence;
(viii) work hours;
(ix) amounts of wages or other assets; and
(x) medical insurance provider.
(2) As to individuals who were employed within the 3 years preceding a request for information by the Child Support Enforcement Administration, the State agency, political subdivision, employer, or labor union shall provide whatever information is available.
(3) (i) Upon request and a showing of cause by the Child Support Enforcement Administration, a circuit court may issue an order requiring an employer or labor union to comply with a request for information under this section.
(ii) If an employer or labor union refuses to provide information from its employee or member files as required by an order by a circuit court issued under this paragraph, the employer or labor union shall be in contempt of court.
(d) Information required to be supplied — Utilities. –
(1) In accordance with a subpoena issued by the Administration under § 10-108.6 of this article, a public service company or energy provider shall provide, if available:
(i) a person’s name and address; and
(ii) the name and address of the person’s employer.
(2) If a public service company or energy provider fails to comply with a subpoena issued by the Administration, the Administration shall have available the remedies provided under § 10-108.4 of this article.
(e) Immunity. — An employer, public service company, energy provider, or labor union that complies with a request from the Administration made under this section is not liable under State law to any person for any:
(1) disclosure of information to the Administration under this section; or
(2) other action taken in good faith to comply with the requirements of this section.
(f) Confidentiality of records. — Any record compiled from information provided under this section shall be available only to:
(1) an authorized representative of this State or of a local department of this State; or
(2) a person who has a statutory right to the records in an official capacity.
CHILD SUPPORT GUIDELINES
§ 12-201. Definitions
(a) In general. — In this subtitle the following words have the meanings indicated.
(b) Actual income. –
(1) “Actual income” means income from any source.
(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, “actual income” means gross receipts minus ordinary and necessary expenses required to produce income.
(3) “Actual income” includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers’ compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor’s disability, retirement, or other compensable claim;
(xv) alimony or maintenance received; and
(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent’s personal living expenses.
(4) Based on the circumstances of the case, the court may consider the following items as actual income:
(i) severance pay;
(ii) capital gains;
(iii) gifts; or
(iv) prizes.
(5) “Actual income” does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance.
(c) Adjusted actual income. — “Adjusted actual income” means actual income minus:
(1) preexisting reasonable child support obligations actually paid; and
(2) except as provided in § 12-204(a)(2) of this subtitle, alimony or maintenance obligations actually paid.
(d) Adjusted basic child support obligation. — “Adjusted basic child support obligation” means an adjustment of the basic child support obligation for shared physical custody.
(e) Basic child support obligation. — “Basic child support obligation” means the base amount due for child support based on the combined adjusted actual incomes of both parents.
(f) Combined adjusted actual income. — “Combined adjusted actual income” means the combined monthly adjusted actual incomes of both parents.
(g) Extraordinary medical expenses. –
(1) “Extraordinary medical expenses” means uninsured expenses over $ 100 for a single illness or condition.
(2) “Extraordinary medical expenses” includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.
(h) Income. — “Income” means:
(1) actual income of a parent, if the parent is employed to full capacity; or
(2) potential income of a parent, if the parent is voluntarily impoverished.
(i) Ordinary and necessary expenses. — “Ordinary and necessary expenses” does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining actual income for purposes of calculating child support.
(j) Potential income. — “Potential income” means income attributed to a parent determined by the parent’s employment potential and probable earnings level based on, but not limited to, recent work history, occupational qualifications, prevailing job opportunities, and earnings levels in the community.
(k) Shared physical custody. –
(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.
§ 12-202. Use of guidelines; modification of orders; review
(a) Use required; presumptions; departure from guidelines. –
(1) Subject to the provisions of paragraph (2) of this subsection, in any proceeding to establish or modify child support, whether pendente lite or permanent, the court shall use the child support guidelines set forth in this subtitle.
(2) (i) There is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines set forth in this subtitle is the correct amount of child support to be awarded.
(ii) The presumption may be rebutted by evidence that the application of the guidelines would be unjust or inappropriate in a particular case.
(iii) In determining whether the application of the guidelines would be unjust or inappropriate in a particular case, the court may consider:
1. the terms of any existing separation or property settlement agreement or court order, including any provisions for payment of mortgages or marital debts, payment of college education expenses, the terms of any use and possession order or right to occupy the family home under an agreement, any direct payments made for the benefit of the children required by agreement or order, or any other financial considerations set out in an existing separation or property settlement agreement or court order; and
2. the presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing.
(iv) The presumption may not be rebutted solely on the basis of evidence of the presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing.
(v) 1. If the court determines that the application of the guidelines would be unjust or inappropriate in a particular case, the court shall make a written finding or specific finding on the record stating the reasons for departing from the guidelines.
2. The court’s finding shall state:
A. the amount of child support that would have been required under the guidelines;
B. how the order varies from the guidelines;
C. how the finding serves the best interests of the child; and
D. in cases in which items of value are conveyed instead of a portion of the support presumed under the guidelines, the estimated value of the items conveyed.
(b) Modification of orders. –
(1) Subject to the provisions of paragraph (2) of this subsection, the adoption or revision of the guidelines set forth in this subtitle may be grounds for requesting a modification of a child support award based on a material change in circumstances.
(2) The adoption or revision of the guidelines set forth in this subtitle may not be grounds for requesting a modification of a child support award based on a material change in circumstances unless the use of the guidelines would result in a change in the award of 25% or more.
(c) Review of guidelines. — On or before January 1, 1993, and at least every 4 years after that date, the Child Support Enforcement Administration of the Department of Human Resources shall:
(1) review the guidelines set forth in this subtitle to ensure that the application of the guidelines results in the determination of appropriate child support award amounts; and
(2) report its findings and recommendations to the General Assembly, subject to § 2-1246 of the State Government Article.
§ 12-203. Forms; verification of income
(a) Forms. — The Court of Appeals may issue standardized worksheet forms to be used in applying the child support guidelines set forth in this subtitle.
(b) Verification of income. –
(1) Income statements of the parents shall be verified with documentation of both current and past actual income.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, suitable documentation of actual income includes pay stubs, employer statements otherwise admissible under the rules of evidence, or receipts and expenses if self-employed, and copies of each parent’s 3 most recent federal tax returns.
(ii) If a parent is self-employed or has received an increase or decrease in income of 20% or more in a 1-year period within the past 3 years, the court may require that parent to provide copies of federal tax returns for the 5 most recent years.
§ 12-204. Determination of child support obligation
(a) Schedule to be used; division among parents; maintenance and alimony awards. –
(1) The basic child support obligation shall be determined in accordance with the schedule of basic child support obligations in subsection (e) of this section. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the payor of the alimony or maintenance under § 12-201(c)(2) of this subtitle before the court determines the amount of a child support award.
(b) Voluntarily impoverished parent. –
(1) Except as provided in paragraph (2) of this subsection, if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.
(2) A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental disability; or
(ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.
(c) Income between amounts in schedule. — If a combined adjusted actual income amount falls between amounts shown in the schedule, the basic child support amount shall be extrapolated to the next higher amount.
(d) Income above schedule levels. — If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.
(e) Basic child support obligation. — Schedule of basic child support obligations:
Combined
Adjusted 6 or
Actual 1 2 3 4 5 More
Income Child Children Children Children Children Children
0-850 $ 20 – $ 150 Per Month, Based
On Resources And Living
Expenses Of Obligor And Number
Of Children Due Support
900 184 273 276 279 282 285
950 191 296 304 307 311 314
1000 198 307 332 336 340 343
1050 205 318 360 364 368 372
1100 212 329 389 393 397 401
1150 219 339 416 421 425 430
1200 226 350 438 449 454 458
1250 233 360 451 477 482 487
1300 239 371 465 504 510 515
1350 246 382 478 532 538 544
1400 253 392 491 554 566 572
1450 260 403 504 569 594 601
1500 267 413 517 584 623 629
1550 274 424 531 599 651 658
1600 282 436 546 616 672 691
1650 288 447 559 631 688 725
1700 295 457 572 645 704 753
1750 302 467 585 660 720 770
1800 308 477 598 674 735 787
1850 315 488 611 689 751 804
1900 321 498 624 703 767 821
1950 327 506 634 715 780 835
2000 332 515 645 727 793 848
2050 338 523 655 739 806 862
2100 343 531 666 751 819 876
2150 349 540 677 763 832 890
2200 354 548 687 774 845 904
2250 359 557 698 786 858 918
2300 365 565 708 798 871 931
2350 370 573 719 810 884 945
2400 376 582 729 822 897 959
2450 381 590 740 833 909 973
2500 386 598 750 845 922 987
2550 392 607 761 857 935 1000
2600 397 615 771 869 948 1014
2650 403 624 782 881 961 1028
2700 408 632 793 893 974 1042
2750 413 640 803 904 987 1056
2800 419 649 814 916 1000 1070
2850 424 657 824 928 1013 1083
2900 429 666 835 940 1026 1097
2950 435 675 846 953 1039 1112
3000 441 684 857 965 1053 1126
3050 446 693 868 978 1067 1141
3100 452 702 879 990 1080 1156
3150 458 710 890 1003 1094 1170
3200 463 719 901 1015 1108 1185
3250 469 728 912 1028 1121 1199
3300 475 737 923 1040 1135 1214
3350 480 746 934 1053 1148 1228
3400 486 755 945 1065 1162 1243
3450 491 764 957 1078 1176 1258
3500 497 773 968 1090 1189 1272
3550 503 782 979 1103 1203 1287
3600 508 790 990 1115 1216 1301
3650 514 799 1001 1128 1230 1316
3700 520 808 1012 1140 1244 1330
3750 525 817 1023 1152 1257 1345
3800 532 827 1035 1166 1273 1361
3850 538 837 1048 1181 1288 1378
3900 544 847 1060 1195 1303 1394
3950 551 857 1073 1209 1319 1411
4000 557 867 1085 1223 1334 1427
4050 563 877 1097 1236 1349 1442
4100 569 886 1109 1249 1363 1458
4150 575 895 1120 1262 1377 1473
4200 581 905 1132 1275 1391 1488
4250 587 914 1143 1288 1405 1503
4300 593 923 1155 1301 1420 1518
4350 598 932 1166 1314 1434 1534
4400 604 942 1178 1327 1448 1549
4450 610 951 1189 1340 1462 1564
4500 616 960 1201 1353 1477 1579
4550 622 970 1212 1366 1491 1594
4600 628 979 1224 1379 1505 1610
4650 634 987 1234 1391 1518 1624
4700 639 995 1244 1403 1530 1637
4750 644 1003 1254 1414 1543 1650
4800 649 1011 1264 1425 1555 1663
4850 655 1019 1274 1437 1567 1676
4900 660 1027 1284 1448 1580 1689
4950 665 1035 1294 1459 1592 1703
5000 670 1043 1304 1470 1604 1716
5050 676 1051 1314 1482 1617 1729
5100 681 1059 1324 1493 1629 1742
5150 686 1067 1334 1504 1641 1755
5200 691 1075 1344 1515 1654 1768
5250 696 1083 1354 1527 1666 1781
5300 702 1091 1364 1538 1678 1794
5350 707 1099 1374 1549 1691 1807
5400 712 1107 1384 1561 1703 1821
5450 717 1115 1394 1572 1715 1834
5500 722 1123 1404 1583 1728 1847
5550 728 1131 1414 1594 1740 1860
5600 733 1139 1424 1606 1752 1873
5650 738 1147 1434 1617 1765 1886
5700 743 1155 1444 1628 1777 1899
5750 748 1163 1454 1639 1789 1912
5800 754 1171 1464 1651 1801 1926
5850 759 1179 1474 1662 1814 1939
5900 764 1187 1484 1673 1826 1952
5950 769 1195 1494 1685 1838 1965
6000 774 1203 1504 1696 1851 1978
6050 780 1211 1513 1707 1863 1991
6100 785 1219 1523 1718 1875 2004
6150 790 1227 1533 1730 1888 2017
6200 795 1235 1543 1741 1900 2030
6250 800 1243 1553 1752 1912 2044
6300 806 1251 1563 1763 1925 2057
6350 811 1259 1573 1775 1937 2070
6400 815 1266 1582 1785 1947 2081
6450 819 1271 1589 1793 1956 2091
6500 823 1277 1597 1801 1965 2100
6550 827 1283 1604 1809 1974 2110
6600 831 1289 1611 1817 1983 2119
6650 834 1294 1618 1826 1992 2129
6700 838 1300 1626 1834 2001 2138
6750 842 1306 1633 1842 2010 2148
6800 846 1311 1640 1850 2019 2157
6850 850 1317 1647 1858 2028 2167
6900 854 1323 1654 1866 2037 2176
6950 857 1329 1662 1874 2045 2186
7000 861 1334 1669 1882 2054 2195
7050 865 1340 1676 1891 2063 2205
7100 869 1346 1683 1899 2072 2214
7150 873 1351 1691 1907 2081 2224
7200 876 1357 1698 1915 2090 2233
7250 880 1363 1705 1923 2099 2243
7300 884 1369 1712 1931 2108 2253
7350 888 1374 1720 1939 2117 2262
7400 892 1380 1727 1947 2126 2272
7450 895 1386 1734 1956 2135 2281
7500 899 1391 1741 1964 2144 2291
7550 903 1397 1748 1972 2153 2300
7600 906 1402 1755 1979 2161 2309
7650 909 1407 1761 1986 2168 2317
7700 912 1412 1768 1993 2175 2325
7750 915 1417 1774 1999 2182 2333
7800 918 1422 1780 2006 2190 2340
7850 921 1427 1786 2012 2197 2348
7900 923 1431 1792 2019 2204 2356
7950 926 1436 1798 2026 2211 2364
8000 929 1441 1804 2032 2219 2372
8050 932 1446 1810 2039 2226 2380
8100 935 1451 1817 2045 2233 2388
8150 938 1456 1823 2052 2240 2396
8200 941 1461 1829 2059 2248 2404
8250 944 1465 1835 2065 2255 2412
8300 947 1470 1841 2072 2262 2420
8350 949 1475 1847 2078 2270 2428
8400 952 1480 1853 2085 2277 2436
8450 955 1485 1860 2092 2284 2444
8500 958 1490 1866 2098 2291 2452
8550 961 1494 1872 2105 2299 2460
8600 964 1499 1878 2111 2306 2468
8650 967 1504 1884 2118 2313 2476
8700 970 1509 1890 2125 2320 2484
8750 973 1514 1896 2131 2328 2492
8800 975 1518 1901 2137 2334 2498
8850 978 1521 1906 2142 2340 2504
8900 980 1525 1910 2147 2345 2510
8950 982 1528 1915 2152 2351 2516
9000 989 1539 1928 2168 2367 2534
9050 992 1543 1933 2173 2373 2540
9100 994 1547 1938 2179 2379 2546
9150 997 1551 1943 2184 2385 2552
9200 999 1554 1948 2190 2391 2559
9250 1002 1558 1953 2195 2397 2565
9300 1004 1562 1958 2201 2403 2571
9350 1007 1566 1963 2206 2409 2578
9400 1009 1570 1967 2212 2415 2584
9450 1012 1574 1972 2217 2421 2590
9500 1014 1577 1977 2223 2427 2596
9550 1017 1581 1982 2228 2433 2603
9600 1020 1585 1987 2234 2439 2609
9650 1022 1589 1992 2239 2445 2615
9700 1025 1593 1997 2245 2451 2622
9750 1027 1597 2001 2250 2457 2628
9800 1030 1601 2006 2256 2463 2634
9850 1032 1604 2011 2261 2469 2640
9900 1035 1608 2016 2267 2475 2647
9950 1037 1612 2021 2272 2481 2653
10000 1040 1616 2026 2278 2487 2659
(f) Adjusted basic child support obligation. — The adjusted basic child support obligation shall be determined by multiplying the basic child support obligation by one and one-half.
(g) Child care expenses. –
(1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(2) Child care expenses shall be:
(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or
(ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:
1. the level required to provide quality care from a licensed source; or
2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.
(3) Additional child care expenses may be considered if a child has special needs.
(h) Extraordinary medical expenses. –
(1) Any actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible shall be added to the basic child support obligation and shall be divided by the parents in proportion to their adjusted actual incomes.
(2) Any extraordinary medical expenses incurred on behalf of a child shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(i) School and transportation expenses. — By agreement of the parties or by order of court, the following expenses incurred on behalf of a child may be divided between the parents in proportion to their adjusted actual incomes:
(1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child; or
(2) any expenses for transportation of the child between the homes of the parents.
(j) Setoff for third party payments. –
(1) Except as provided in paragraph (2) of this subsection, when a disability dependency benefit, a retirement dependency benefit, or other third party dependency benefit is paid to or for a child of an obligor who is disabled, retired, or is receiving benefits from any source as a result of a compensable claim, the amount of the compensation shall be set off against the child support obligation calculated using the guidelines.
(2) (i) If the amount paid to or for a child exceeds the current child support obligation calculated using the guidelines, the excess payment shall be credited to any existing child support arrearage that accrued after the effective date the benefits were awarded.
(ii) The excess payment may not be credited to any future child support obligation.
(k) Use, possession or occupancy of family home. –
(1) Upon the expiration of a use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement and upon motion of either party, the court shall review the child support award.
(2) If the allocation of financial responsibility for the family home was a factor in departing from the guidelines under subsection (a) of this section, the court may modify the child support, if appropriate in all the circumstances, upon the expiration of the use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement.
(l) Cases other than shared physical custody cases. –
(1) Except in cases of shared physical custody, each parent’s child support obligation shall be determined by adding each parent’s respective share of the basic child support obligation, work-related child care expenses, health insurance expenses, extraordinary medical expenses, and additional expenses under subsection (i) of this section.
(2) The custodial parent shall be presumed to spend that parent’s total child support obligation directly on the child or children.
(3) The noncustodial parent shall owe that parent’s total child support obligation as child support to the custodial parent minus any ordered payments included in the calculations made directly by the noncustodial parent on behalf of the child or children for work-related child care expenses, health insurance expenses, extraordinary medical expenses, or additional expenses under subsection (i) of this section.
(m) Shared physical custody cases. –
(1) In cases of shared physical custody, the adjusted basic child support obligation shall first be divided between the parents in proportion to their respective adjusted actual incomes.
(2) Each parent’s share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the child or children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent.
(3) Subject to the provisions of paragraphs (4) and (5) of this subsection, the parent owing the greater amount under paragraph (2) of this subsection shall owe the difference in the 2 amounts as child support.
(4) In addition to the amount of the child support owed under paragraph (3) of this subsection, if either parent incurs child care expenses under subsection (g) of this section, health insurance expenses under subsection (h)(1) of this section, extraordinary medical expenses under subsection (h)(2) of this section, or additional expenses under subsection (i) of this section, the expense shall be divided between the parents in proportion to their respective adjusted actual incomes. The parent not incurring the expense shall pay that parent’s proportionate share to:
(i) the parent making direct payments to the provider of the service; or
(ii) the provider directly, if a court order requires direct payments to the provider.
(5) The amount owed under paragraph (3) of this subsection may not exceed the amount that would be owed under subsection (l) of this section if the obligor parent were a noncustodial parent.
Maryland Drug Offense Attorneys
Former Prosecutors Defend Against All Maryland Drug Charges
If you are facing a Maryland drug charge in Federal Court or State Court, it is critical to retain an experienced Maryland drug offense attorney as quickly as possible after you are charged. The SRIS Law Group Maryland drug crimes attorneys have the knowledge and the skill required to assemble the best defense possible against federal or state drug charges.
The penalties for illegal drugs crimes are very severe. Possession of drugs & possession of distribution of illegal drugs such as cocaine, crack, heroin, marijuana, meth, and many prescription medications are criminal offenses at both the state and federal levels.
Experienced Criminal Defense In Maryland
Our Maryland drug defense attorneys have successfully challenged all types of drug cases, including:
- Cultivation, Manufacture, and Sale
- Importation, Transportation, or Trafficking
- Possession or Possession for Sale
- Distribution
- Prescription Fraud
- Conspiracy or Attempt
The SRIS Law Group Maryland drug defense lawyers have defended clients throughout Maryland. Our offices are in Montgomery, Maryland & Baltimore, Maryland.
Experienced Federal Criminal Defense In Maryland
A federal criminal charge is significantly more complex than a state charge and carries very serious consequences. Federal charges frequently stem from an offense committed on federal or military property, including roadways, or are committed directly against a federal government entity.
The SRIS Law Group Maryland Federal attorneys provide experienced legal help to clients facing federal criminal charged in Marylnd. We handle federal DUI charges and other traffic violations occurring on federal property, including:
- Andrews Air Force Base
- Fort Meade
- Baltimore/Washington Parkway (where DUI charges can be either state or federal charges depending on circumstances)
We have represented many clients facing federal offense charges at the United States District Court in Greenbelt and Baltimore, as well as court facilities at military installations, and can also handle your federal appeals case.
Almost all of our Maryland federal criminal defense attorneys are former prosecutors.
In addition to federal DUI/drunk driving charges in Maryland, we handle federal charges ranging from weapons charges and drug conspiracy/trafficking charges to racketeering in Maryland. For more information regarding our firm and your rights following federal charges, contact us at 888-437-7747.
We have offices in Montgomery, Maryland & Baltimore Maryland.
MONTGOMERY MARYLAND LAW FIRM
Assisting Clients with Divorce, DUI, Child Custody & Traffic Violations
The Montgomery Maryland SRIS Law Group lawyers assist clients from the Montgomery Maryland area in the following practice areas:
- Divorce
- DUI
- Child Custody
- Reckless Driving
- Criminal Law
- Traffic Violations
- Immigration
Regardless of whether you need a Montgomery Maryland Divorce Lawyer, Montgomery Maryland DUI lawyer, Montgomery Maryland Child Custody Lawyer, Montgomery Reckless Driving lawyer or any other criminal or traffic law attorney, you can count on the Maryland attorneys of the SRIS Law Group to help you.
Our Montgomery Maryland attorneys are experienced attorneys and understand that clients need an aggressive lawyer to defend their interests.
Our Montgomery Maryland lawyers were former prosecutors and possess the skills necessary to be effective trial lawyers.
So if you need a Montgomery Maryland lawyer, do not hesitate to contact the SRIS Law Group for help.
Maryland Shoplifting & Theft Defense
Theft Charges in Maryland?
Get the help of an Aggressive Maryland Defense Lawyer
Theft encompasses any incident where someone takes the property of another with the intent to permanently deprive the true owner of that property.
Theft can refer to many types of theft offenses under Maryland Laws (MGA §7–102) Examples of theft in Maryland are shoplifting, larceny, false pretenses, and receiving stolen property. Therefore, Maryland shoplifting laws are the same as theft laws.
The penalties for theft directly relate to the cost or value of goods stolen.
More serious offenses related to theft in Maryland are:
Burglary: Burglary is breaking and entering in the house, car, boat, business, etc. of another with the intent of committing a felony therein is deemed to be theft pursuant to Maryland law.
Robbery: Robbery is taking something directly from a person by use of force, threat, or intimidation. In Maryland, robbery is a theft and an assault.
Maryland Theft/Shoplifting Penalties
Per Maryland Criminal theft law, the penalty for a theft crime is directly related to the value of the goods stolen.
Value of the stolen property is over $500, then the crime is a felony.
Value of the property is under $500, then the crime is a misdemeanor.
Additionally, Maryland law requires the property to be restored to the owner or that the owner be compensated for the value of the stolen property, i.e. restitution.
MARYLAND CRIMES INVOLVING THEFT & PENALTIES
| Charge | Penalty |
| Theft, Less than $100 | Maximum of 90 days in jail |
| Theft, Less than $500 | Maximum—18 months; Fine—$500 |
| Theft, Greater than $500 | Felony Charge. Maximum—15 years; Fine—$25,000 |
| Theft by Use of Computer Service, Less than $500 | Maximum—18 months; Fine—$500 |
| Theft by Use of Computer Service, Greater than $500 | Maximum—15 years; Fine—$25,000 |
| Theft of Motor Vehicle* | Maximum—5 years; Fine—$5,000 |
If you are facing a shoplifting charge or any other type of theft charge in Maryland, contact the SRIS Law Group Maryland theft attorneys for help.
Our Maryland theft attorneys have helped numerous clients charged with theft crimes such as shoplifting, robbery, burglary, etc.
We have offices in Baltimore, Maryland & Montogomery County, Maryland.
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
MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING FIRST & SECOND DEGREE MURDER & MANSLAUGHTER CHARGES IN MARYLAND
Thou shall not kill and if you do so in Maryland, you may be charged with one of the following charges:
-
capital murder
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murder of the first degree
-
murder of the second degree
-
voluntary manslaughter
-
involuntary manslaughter
The Maryland criminal defense attorneys of SRIS, P.C. will not hesitate to defend a client who has been charged with homicide. For more information or to make an appointment with SRIS,P.C. Maryland criminal defense 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 homicide, first and second degree murder, and manslaughter defense, please click here.
To learn more about the laws pertaining to homicide, first and second degree murder, and manslaughter defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of homicide and manslaughter charges one could face in the State of Maryland:
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Murder in the first degree
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Murder in the first degree–Sentence of death
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Murder in the first degree–Sentence of imprisonment for life without the possibility of parole
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Murder in the second degree
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Attempt to commit murder in the first degree
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Attempt to commit murder in the second degree
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Manslaughter
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Manslaughter by vehicle or vessel
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Viable fetuses
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Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
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Homicide by motor vehicle or vessel while impaired by alcohol
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Homicide by motor vehicle or vessel while impaired by drugs
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Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
FIRST AND SECOND DEGREE MURDER & MANSLAUGHTER DEFENSE
§ 2-201. Murder in the first degree (top)
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) death;
(ii) imprisonment for life without the possibility of parole; or
(iii) imprisonment for life.
(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
§ 2-202. Murder in the first degree–Sentence of death (top)
Requirement for imposition
(a) A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State’s intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2)(i) with respect to § 2-303(g) of this title, except for § 2- 303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder; and
(3) the sentence of death is imposed in accordance with § 2-303 of this title.
Limitations
(b)(1) In this subsection, a defendant is “mentally retarded” if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
§ 2-203. Murder in the first degree–Sentence of imprisonment for life without the possibility of parole (top)
A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and
(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
§ 2-204. Murder in the second degree (top)
(a) A murder that is not in the first degree under § 2-201 of this subtitle is in the second degree.
Penalty
(b) A person who commits a murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
§ 2-205. Attempt to commit murder in the first degree (top)
A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
§ 2-206. Attempt to commit murder in the second degree (top)
A person who attempts to commit murder in the second degree is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
Penalty
(a) A person who commits manslaughter is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 10 years; or
(2) imprisonment in a local correctional facility not exceeding 2 years or a fine not exceeding $500 or both.
Spousal adultery not a mitigating factor
(b) The discovery of one’s spouse engaged in sexual intercourse with another does not constitute legally adequate provocation for the purpose of mitigating a killing from the crime of murder to voluntary manslaughter even though the killing was provoked by that discovery.
§ 2-209. Manslaughter by vehicle or vessel (top)
“Vehicle” defined
(a) In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.
Prohibited
(b) A person may not cause the death of another as a result of the person’s driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.
Name of crime
(c) A violation of this section is manslaughter by vehicle or vessel.
Penalty
(d) 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 $5,000 or both.
“Viable” defined
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20-209 of the Health–General Article.
Murder or manslaughter of viable fetus
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
Intent
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
Right to terminate pregnancy
(d) Nothing in this section applies to or infringes on a woman’s right to terminate a pregnancy as stated in § 20-209 of the Health–General Article.
Liability of medical professionals
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
Act or failure to act of pregnant woman
(f) Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.
Personhood or rights of fetus
(g) Nothing in this section shall be construed to confer personhood or any rights on the fetus.
Death penalty
(h) The commission of first degree murder of a viable fetus under this section, in conjunction with the commission of another first degree murder arising out of the same incident, does not constitute an aggravating circumstance subjecting a defendant to the death penalty under § 2-303(g)(ix) of this title.
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
Name of crime
(b) A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Prohibited defense
(d) It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance (top)
Prohibited
(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
Name of crime
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
Penalty
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Exception
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
The Maryland attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore .
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 e-mail or complete the on-line form.
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MARYLAND DISORDERLY CONDUCT DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH DISORDERLY CONDUCT IN MARYLAND
If you are accused of creating a disturbance in any public place in Maryland and as a result of that disturbance, you or someone else acts violently, then you may be charged with disorderly conduct in Maryland. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland disorderly conduct defense attorneys in its offices in Rockville & Baltimore. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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To obtain a general overview of disorderly conduct defense, please click here.
To learn more about the laws pertaining to disorderly conduct defense in Virginia or Massachusetts, please click on the state.
The following is what the Maryland Code on disorderly Conduct states:
MARYLAND DISORDERLY CONDUCT DEFENSE
MD Code, Criminal Law,§ 10-201. Disturbing the public peace and disorderly conduct
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Public conveyance” means a conveyance to which the public or a portion of the public has access to and a right to use for transportation.
(ii) “Public conveyance” includes an airplane, vessel, bus, railway car, school vehicle, and subway car.
(3)(i) “Public place” means a place to which the public or a portion of the public has access and a right to resort for business, dwelling, entertainment, or other lawful purpose.
(ii) “Public place” includes:
1. a restaurant, shop, shopping center, store, tavern, or other place of business;
2. a public building;
3. a public parking lot;
4. a public street, sidewalk, or right-of-way;
5. a public park or other public grounds;
6. the common areas of a building containing four or more separate dwelling units, including a corridor, elevator, lobby, and stairwell;
7. a hotel or motel;
8. a place used for public resort or amusement, including an amusement park, golf course, race track, sports arena, swimming pool, and theater;
9. an institution of elementary, secondary, or higher education;
10. a place of public worship;
11. a place or building used for entering or exiting a public conveyance, including an airport terminal, bus station, dock, railway station, subway station, and wharf; and
12. the parking areas, sidewalks, and other grounds and structures that are part of a public place.
Construction of section
(b) For purposes of a prosecution under this section, a public conveyance or a public place need not be devoted solely to public use.
Prohibited
(c)(1) A person may not willfully and without lawful purpose obstruct or hinder the free passage of another in a public place or on a public conveyance.
(2) A person may not willfully act in a disorderly manner that disturbs the public peace.
(3) A person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace.
(4) A person who enters the land or premises of another, whether an owner or lessee, or a beach adjacent to residential riparian property, may not willfully:
(i) disturb the peace of persons on the land, premises, or beach by making an unreasonably loud noise; or
(ii) act in a disorderly manner.
(5) A person from any location may not, by making an unreasonably loud noise, willfully disturb the peace of another:
(i) on the other’s land or premises;
(ii) in a public place; or
(iii) on a public conveyance.
(6) In Worcester County, a person may not build a bonfire or allow a bonfire to burn on a beach or other property between 1 a.m. and 5 a.m.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
The Maryland disorderly conduct defense attorneys and Law Offices of SRIS, P.C., are located in Rockville and Annapolis.
Our Maryland 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.
