When do you want a jury trial in Maryland?

In Maryland, there are 12 jurors in criminal cases in the state court system. The defendant (but not the prosecution) has an absolute right to a jury trial in (1) all cases in the Circuit Court if the charge carries potential incarceration, and (2) any case in the District Court in which any charge carries potential incarceration of more than 90 days (the case is then transferred to the Circuit Court). In Maryland, there are six jurors in civil cases in the state court system. Both sides are entitled... More

What is marital property?

Marital property is defined as all property acquired by either or both parties during their marriage. It does not include property acquired prior to the marriage, property acquired by inheritance or gift from a third party or property excluded by valid agreement or traceable to any of these sources. Whether or not alimony is awarded, a court may still make a monetary award based on the value of all marital property. In determining the award and amount, the court is required to consider many factors.... More

What are alimony and child support?

Alimony is payment for support of a spouse. Under the law of Maryland, either party may claim alimony from the other. The fact that the party seeking alimony may be guilty of some ground for divorce does not prevent an award of alimony to that party.  Each party has a responsibility for the support of a minor child or children. A formula called the child support guidelines is used by the court to determine the amount of child support. Child support awards are primarily based on the gross incomes... More

What are grounds for divorce?

A limited divorce may be granted on the following grounds: 1. Cruelty of treatment of spouse or a minor child. 2. Excessively vicious conduct. 3. Desertion. 4. Parties are voluntarily living separate and apart without cohabitation and there is no reasonable expectation of reconciliation. An absolute divorce may be granted because of: 1. Adultery. 2. Separation of the parties under the following circumstances: uninterrupted desertion for at least 12 months, which is deliberate and final and in which... More

What are the types of divorce?

There are two types in Maryland: A limited divorce specifies the rights and obligations of the parties, but does not provide for final division of property (including pension and retirement funds) and does not permit remarriage. An absolute divorce terminates the marriage and determines all rights and obligations of the parties, including final division of property. Source: Maryland State Bar Association  Read More →

What if my property is to be foreclosed?

If a default under the terms of a mortgage or deed of trust occurs, the lender may initiate a foreclosure case with the Circuit Court in the county in which the property is located. The lender is not required to send a copy of the court papers to the property owner. By this time, however, you as the borrower and property owner should have received adequate notice from the lender... More

Traffic stops: When may an officer search a vehicle?

An officer may search a vehicle under the following circumstances: (1) If the officer has a search warrant, he or she may search anywhere in the vehicle that it is reasonable to find evidence or instrumentalities of a crime that are named in the warrant. (2) If the officer does not have a search warrant but has probable cause to believe that fruits, evidence, or instrumentalities of a crime are in the vehicle, the officer may search anywhere in it that it is reasonable to find those items. (3) If... More

Traffic stops: When may an officer stop a motorist?

An officer may stop a motorist if the officer has reasonable suspicion, based on an articulable set of facts, that the driver or a passenger has committed a felony in the past or is committing a felony or misdemeanor or violating a traffic law or has a safety infraction. How should a motorist respond when an officer signals for him or her to stop? Upon a show of authority by the police, i.e., flashing lights, siren, hand signals, the motorist should pull to the side of the road as soon as it is safe... More

Foreclosures: Is it too late to prevent the sale of my property?

Maybe not. If you have not spoken with your lender, do so immediately. Find out the details of the default, which the lender believes you have committed, and what you can do to remedy this. If you think your lender has made a mistake and that there is no default under the loan, bring this to the lender’s attention as soon as possible. You have the right to go before the court to prove that you did not default. Seek professional assistance to prove this. Generally, the only legal basis upon which... More

Police search for links in Md. man’s disappearance

Prince George’s County police are looking into whether a man’s disappearance two weeks ago is related to an invasion of his home by armed men. Twenty-eight-year-old Anthony Nelson has not been seen since he left his Capitol Heights home on Aug. 16. His family says later that day two gunmen came into the home and restrained Nelson’s mother, aunt and half- brother. More  Read More →

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