Tag: criminal

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Maryland Law

When to Use Maryland Sentencing Guidelines Worksheet

A recent email from the Maryland State Commission on Criminal Sentencing Policy (MSCCSP) stated that:

The Maryland State Commission on Criminal Sentencing Policy (MSCCSP) has recently become aware of some confusion about whether misdemeanors are eligible for the sentencing guidelines. To clarify, Maryland’s sentencing guidelines are not limited to felonies.

Generally, cases are guidelines-eligible and require a worksheet when the offense carries the possibility of incarceration—including misdemeanors and traffic offenses—and the case is either originally prosecuted in a circuit court or is the result of a jury trial prayer or an appeal from the District Court and a Pre-Sentence Investigation has been ordered. A full list of the types of sentencing scenarios that do and do not require a guidelines worksheet can be reviewed here.

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lawlibrary Maryland Law

New Maryland Laws in Effect Today, October 1, 2016

The 2016 supplement to the Maryland Code has arrived in the law library reflecting the more than 300 laws that will go into effect today. “Noah’s Law”  or the Drunk Driving Reduction Act of 2016 is mentioned in most news stories on the new laws. “Noah’s Law”(SB945/CH512) requires “the Motor Vehicle Administration to require a person who is convicted of specified offenses relating to driving under the influence of alcohol to participate in the Ignition Interlock System Program for specified periods of time….” Now the first offense rather than the second will require use of the device.

The Justice Reinvestment Act (SB1005/CH515) creates the Justice Reinvestment Oversight Board and makes changes that relate to sentencing, criminal penalties, and inmate rehabilitation. One of the many changes pertains to expungement. New code section 10-110 of the Criminal Procedure Article will allow for the expungement of certain misdemeanors after 10 years. However, this and most of the provisions will not take effect until next October 1, 2017.

SB771/CH579 puts restrictions on certain consumer debt collection actions including  “that certain actions may not revive or extend a certain statute of limitation and  prohibiting a debt buyer or a certain collector from initiating a certain consumer debt collection action unless the debt buyer or the collector possesses certain documents.”

The provision that there be corroborating witness in a divorce action as states in section 7-101 of the Family Law Article was removed per SB359/CH379 and HB274/CH380.  The disability of a parent in a child custody action was addressed by SB765/CH423. It states that “in any custody or visitation proceeding, the disability of a party is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child; requiring in a specified custody or visitation proceeding, the party alleging that the disability of the other party affects the best interest of the child to bear a specified burden of proof…”

For a detailed summary of the laws passed by the 2016 session see the 90 Day Report:  A Review of the 2016 Session prepared by the Department of Legislative Services or check out the article in the Baltimore Sun today, “New Maryland laws go into effect today.”

 

 

 

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lawlibrary Pro Bono Self Represented

JustAdvice – Expungement

UPDATE: The JustAdvice Clinic has completed its spring session and is CLOSED until this fall. Stay tuned for updates!

Expungement was one of the most asked about issues during last month’s Homeless Resource Day, and it remains hot topic at the local, state and national levels. Check out this article on the Wall Street Journal Blog.

If you are looking for brief advice and assistance on how to expunge your criminal record, law students from the University of Maryland Francis King Carey School of Law may be able to assist you through the JustAdvice Clinic, a project of the University of Maryland Francis King Carey School of Law Clinical Program. JustAdvice has provided over 2,600 Maryland residents with low-cost legal consultations since June 2009.

Appointments are highly encouraged. Walk-ins are welcome, but note that walk-ins will not be accepted in the final hour of the session. For example, if the session ends at 3:00 p.m., a walk-in must arrive prior to 2:00 p.m. To make an appointment and for information about upcoming session dates, times and locations, check out JustAdvice’s website at http://justadviceclinic.org/. You can also contact them via telephone at 410-929-4809 or email at JustAdvice@law.umaryland.edu.

Don’t forget that you will need to bring a copy of your Criminal Justice Information System (CJIS) Report to your session with the JustAdvice law student.*

 For more information about expungement and other resources and referrals, check out our wiki page on expungement or contact us!

*Information about how to obtain a Criminal Justice Information System Report is available here.