Thomas G. WitkopLaw Offices

Law Offices

Expunging Convictions in Maryland

Thank you to the Maryland Lawyer Volunteer Services for summarizing this. It was not long ago that a conviction in Maryland would stick with you for life absent a pardon by the governor. The Gen. assembly has made certain convictions eligible for expungement. Expunging convictions on your record if you are a US citizen has great benefits and I cannot think of any viable downsides. If you are not a
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Worth reading if you are a tenant or having trouble with your mortgage

Page 1 of 3 IN THE COURT OF APPEALS OF MARYLAND ADMINISTRATIVE ORDER ON SUSPENSION OF FORECLOSURES AND EVICTIONS DURING THE COVID-19 EMERGENCY WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief Judge of the Court of Appeals is granted authority as the administrative head of the Judicial Branch of the State, including the closing of courts in the State of Maryland and non-court
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District court update

DISTRICT COURT NOTICEPUBLIC HEALTH EMERGENCY - COVID 19 PANDEMICTHE DISTRICT COURT IS CLOSED UNITL APRIL 6, 2020BY ORDER OF THE COURT OF APPEALSMANDATORY CASES HEARD DAILY     BAIL REVIEWS     BENCH WARRANTS     BODY ATTACHMENTS     EMERGENCY EVALUATION PETITION     QUARANTINE AND
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Constitution of Maryland

Worth reading actually:CONSTITUTION OF MARYLANDADOPTED BY THE CONVENTIONWhich Assembled at the City of Annapolis on the Eighth Day of May, Eighteen Hundred and Sixty-seven, and Adjourned on the Seventeenth Day of August, Eighteen Hundred and Sixty-seven, and was Ratified by the People on the Eighteenth Day of September, Eighteen Hundred and Sixty-seven [with Amendments through Two Thousand and Eighteen
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Coronavirus and current court schedule

Below is from the Bar Association for Montgomery County. It is helpful if you are a litigant.  It was put out on 16 March 2020:Call the courthouse before going to Court.  One, check to see if your matter is being heard.  Two, if your matter is being heard, is there an option to appear telephonically?  The Court is working on how to have more attorneys and litigants appear
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Thoughts on Passenger Opening the Door and Injuring a Bicyclist

What can happen when a driver stops or vehicle in the traveled portion of the roadway adjacent into the left of the bicycle route and the passenger opens the door into that bicycle route? Well, obviously a bicyclist can run into the door injuring herself significantly.Who is responsible? The driver? The passenger? The bicyclist? Some combination?I think a proper legal analysis requires concentration
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Updates on Shielding Protective Order Cases

The state of Maryland has become more generous in providing shielding of protective orders. Initially, protective order cases could only be shielded if they were dismissed or the petitioner's request was denied. Currently, if the respondent consents to a protective order, without a finding of abuse, the respondent is eligible to at least petition the court to have the matter shielded from public record.
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Converting Arrest Warrants to Criminal Summons in Montgomery County

A question which I receive in Montgomery County is whether an arrest warrant can be quashed or converted to a summons. The general answer in Montgomery County is in the negative. I was successful in converting an arrest warrant in Prince Georges County. In that case the prosecutor consented to the request.Below is directly from our administrative judge:It is the position of our District Court that
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Addressing uninsured motor vehicle claims in Maryland

§ 10-921. Burden of proof in uninsured motorist coverage actions.(a) In general. -- In an action against an insurer or the Maryland Automobile Insurance Fund under a policy providing uninsured motor vehicle liability coverage, the person asserting the uninsured status of a motor vehicle shall have the burden to prove that status.(b) Vehicles registered in the State. -- For a motor vehicle registered
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Whether a Defendant Serving a Sentence for a Crime of Violence Is Entitled to Immediate Relief under Health General 8-505?

As indicated below, Maryland provides that at almost any time a defendant may be evaluated to determine whether because of drug or alcohol abuse the defendant is in need and may benefit from treatment.Many times someone will demand treatment in lieu of incarceration based on the statute. There is a strong body of evidence that someone with a drug or alcohol problem is not cured simply by abstinence
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