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Eric T. Kirk Blog

Check out the links below to explore factors that determine the value of your case.
 
Tips for Filing a Successful Worker's Compensation Claim in Baltimore
If you’ve been hurt as a result of your job, then Maryland law gives you the right to collect worker’s compensation benefits. While the system is supposed to be “self-executing” experience has shown us that insurance...
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Do I Need a Baltimore Criminal Defense Attorney?
Facing a criminal charge, regardless of the severity, can be a life altering experience. When your freedom, job, and financial security are at risk, there is no room for guesswork. It goes without saying there are no second chances in a criminal...
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Advantages of Hiring a Personal Injury Attorney After a Car Accident
Your actions immediately after a car accident are pivotal when seeking compensation. Many victims of car accidents caused by negligent drivers suffer from serious personal injury, incur steep medical bills, and face lost wages. The process of...
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BALTIMORE INJURY ACCIDENT ATTORNEY
Workers Compensation. Accidental Personal Injury
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Carjacking.
Carjacking is a specific variety of robbery. It is unlawful for a person to take unauthorized control of a vehicle in the possession of another, by force or threat thereof. Experienced Baltimore criminal defense lawyers have seen that the carjack is...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Robbery with a Deadly Weapon
Robbery is a serious crime that can get you 15 years in jail. Experienced Baltimore criminal defense lawyers know that if there is a dangerous weapon employed during the crime, the penalty is more severe: up to 20 years. An aggressive criminal...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE The Crime of Robbery.
Robbery is the taking and carrying away the property of another, while employing force or the threat of force, with the intent to deprive the victim of that property. Experienced Baltimore criminal defense attorneys are well versed in the cases that...
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BALTIMORE CRIMINAL DEFENSE LAWYER Expungement. I was arrested, but not charged.
An uncharged arrestee is entitled to expungement of the police records of the unfortunate event as a matter of right. Experienced Baltimore criminal defense lawyers in Balitmore know this right extends to photographs and fingerprints as well. The...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Expunged records and the job interview.
Experienced Baltimore criminal defense lawyers have been asked the question over and over. Do I have to put an expunged charge on a job application? Most applications asked if you’ve ever been convicted of something. However, some may require...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Can Convictions be Expunged?
The answer, generally is no. It surprises many, even many experienced Baltimore criminal defense attorneys, that some people just can’t believe they cannot have their criminal past “removed from their record”. An aggressive...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Expungement: The process.
Experienced Baltimore criminal defense lawyers often handle the process of expungement as a matter of course for their clients, as part of their overall representation. Some more aggressive criminal defense lawyers in Baltimore charge for the...
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BALTIMORE CRIMINAL DEFENSE LAWYER Expungement
It’s a fairly common question. How do I get this off my record? Experienced Baltimore criminal defense attorneys will tell you, with rare exception, if you’ve been convicted, you can’t. For uncertain reasons, this surprises a lot...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE I shall be released, the sequel
Experienced Baltimore criminal defense lawyers know that bail, and other pretrial conditions of release are to be designed to ensure the accused appears at trial, and the safety of the victim and the community. Aggressive criminal defense lawyers...
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BALTIMORE CRIMINAL DEFENSE LAWYER I shall be released, part III.
I would venture that most people understand that if you post bail and don’t show up at your trial, your money is gone. Experienced Baltimore criminal defense lawyers know there are additional penalties. One can be imprisoned for 5 years if...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE I shall be released, redux.
Experienced Baltimore criminal defense attorneys know that if a defendant is admitted to bail, that bail cannot be excessive. With certain exceptions, every defendant may be released “ROR” [released on recognizance]. Aggressive criminal...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY I shall be released, revisited.
A judge, or commissioner is obligated to consider several factors in determining if someone should be admitted to bail, and, if so, the amount and other conditions of release. Experienced Baltimore criminal defense lawyers know that the judicial...
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BALTIMORE CRIMINAL DEFENSE LAWYER I shall be released
The federal constitution does not require that one be admitted to bail. Experienced Baltimore criminal defense attorneys are likely aware that the Maryland constitution has no “right” to bail, either. Both constitutions guarantee that...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Restitution. Proof.
A litigant in a case seeking the payment of medical bills is typically charged with the burden of proving the charges are consistent with what is typically charged in the community. Experienced Baltimore criminal defense lawyers know that at a...
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BALTIMORE CRIMINAL DEFENSE LAWYER Restitution. Collections.
Experienced Baltimore criminal defense attorneys may or may not be aware that a person in substantial child support arrears will likely never get a tax refund, or be able to claim a lottery prize. The child support enforcement program is authorized...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Restitution: Fun facts
The experienced Baltimore criminal defense lawyer will advise you that a judgment for restitution is the same as a money judgment in a civil case. In other words, it can be enforced in the same way. The aggressive criminal defense attorney in...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Restitution, redux.
Experienced Baltimore criminal defense lawyers will advise his criminal and juvenile clients that a person who’s sustained medical or burial expenses, out-of pocket losses, loss of earnings, the loss of property, or rehabilitative expenses, as...
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BALTIMORE CRIMINAL DEFENSE LAWYER Restitution, part three.
Here is a fun fact. Parents are liable for the delinquent acts of their children up to $10,000. Most parents may well voluntarily pay for damage caused by their wayward offspring. Experienced Baltimore criminal defense attorneys have seen that most...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Restitution
We’ve spent a lot of time in these pages talking about the conduct that constitutes a crime. As any experienced Baltimore criminal defense lawyer will tell you, guilt is only half of the case. The disposition of the case is sometimes more...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Soliciting minors
In the criminal law, it is sometimes necessary to speak of the unspeakable. Not surprisingly, it is a crime, a felony actually, to solicit, in-person or by phone, internet or email, a minor, for purposes of sexual crimes or prostitution. Criminal...
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BALTIMORE CRIMINAL DEFENSE LAWYER Incest
Most modern people would agree it’s considered disgusting, but the experienced Baltimore criminal defense attorney will advise you it’s also considered a felony punishable by at least one, and as many as ten, years in prison....
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Unnatural or Perverted Sexual Practice
The conduct punished under this section is difficult to ascertain. Baltimore criminal lawyers will tell you that it is illegal to put the sexual organ of another person, or of an animal, into one’s mouth, or vise versa. But, the studious...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Sodomy
Sodomy. The abominable crime against nature. It is still a crime in Maryland, although knowledgeable criminal defense attorneys in Baltimore will tell you in most other states, it is not. Amazingly, it is not forcible, non-consensual sodomy that is...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Third Degree Sexual Offense
Baltimore criminal lawyers familiar with the sex crime laws are well aware that sexual contact is making non-consensual contact with any intimate area of another, where that contact is for the purpose of arousal. Criminal defense lawyers in...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Fourth Degree Sexual Offense
Many of the offense prosecuted under the sex crime laws are concerned with the status of the victim, i.e. is the victim is mentally or physically incapacitated. Fourth Degree Sexual Offense, as Baltimore criminal lawyers who’ve defended these...
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BALTIMORE CRIMINAL DEFENSE LAWYER Second degree Sexual Offense
This crime involves forcible, nonconsensual sexual acts with mentally or physically incapacitated victims, or with victims of a certain age. The experienced Baltimore criminal defense attorney will remind his or her client that a ‘sexual...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Sexual contact
Seasoned Criminal defense attorneys in Baltimore study the definition set forth in the rape laws very carefully. The definitions set forth proscribed conduct, and so constitute the offense itself. Baltimore criminal defense attorneys see that sexual...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE First degree Sexual Offense
As we’ve seen, the crime of rape is limited to forcible vaginal intercourse. The law defines a sexual act [analingus, cunnilingus, fellatio, anal intercourse, or the insertion of any body part into the genital or anal orifice of another]. ...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Rape
Baltimore criminal defense attorneys know that the definitions that the legislature has assigned to various conduct can make a huge difference in the sanctions and penalties assessed upon conviction. Rape is forcible vaginal intercourse without...
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BALTIMORE CRIMINAL DEFENSE LAWYER 2nd Degree rape.
A Baltimore criminal defense attorney knows that rape in the second degree has very specific elements. This crime involves forcible, nonconsensual vaginal intercourse with mentally or physically incapacitated victims, or with victims of a certain...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY The sexual act.
Baltimore criminal defense lawyers are acutely aware the definitions given to various acts is a key component of any sex based prosecution. A sexual act is defined as: analingus, cunnilingus, fellatio, anal intercourse, insertion of any body part...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Sex-based crimes
Baltimore criminal defense lawyers are aware there are numerous sexual offenses: two degrees of rape; four degrees of sex offenses; sodomy; unnatural and perverted sex act; incest, and solicitation of a minor. The sexual offense laws also contain...
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BALTIMORE CRIMINAL DEFENSE LAWYER False Imprisonment, distinguished.
False imprisonment is the unlawful detention of a person. Maryland caselaw distinguishes the common law crime of false imprisonment, as a lesser included offense of kidnapping. The experienced Baltimore criminal defense attorney should be aware that...
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BALTIMORE CRIMINAL DEFENSE LAWYER Carrying away.
Asportation, or the unlawful carrying away of the victim, is an essential element of the crime of kidnapping. The experienced Baltimore criminal defense attorney knows that unlawfully confining a person, without more, is false imprisonment, not...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE The kidnapping of ones own child
Maryland law punishes the abducting or carrying away of a child less than 12 years of age from that child’s legal guardian or home. Baltimore criminal defense attorneys know that, generally, where this conduct occurs under “color of...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Kidnapping
Most people know what kidnapping is. Some Baltimore criminal defense lawyers are aware of an important exception to the charge: it does not apply to the act of a parent is taking his or her minor child outside the state. Seasoned Criminal defense...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Escape in the Second
We’ve seen that first degree escape is leaving a place of confinement once you are there. Baltimore criminal defense attorneys know that second degree escape involves not reporting to that place of confinement in the first instance. Violating...
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BALTIMORE CRIMINAL DEFENSE LAWYER So I escaped.
The experienced Baltimore criminal defense lawyer knows the penalties for escape. They also know that, if convicted, you’ve got to do time, as no portion of a sentence for escape can be suspended. Criminal defense attorneys in Baltimore must...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Tools
Most Baltimore criminal defense lawyers have handled a case or two involving “burglar’s tools”. But what about the tools of an escapee? Maryland law defines contraband as any item prohibited by prison management. Let’s say a...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Escape in the First
Baltimore criminal defense lawyers know that the meaning of escape is as defined by Maryland case law, and means leaving a place of lawful confinement, with or without the use of force. Fabian v. State, 239 A.2d 100. First degree assault involves...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Selling fake IDs
It’s a safe bet that everyone thinks you can get in trouble for having a fake ID, but is dealing in them really criminal? Some well-known Baltimore criminal defense attorneys may well have had a fake ID in high school or college. It may well...
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BALTIMORE CRIMINAL DEFENSE LAWYER Identity Theft
Not surprisingly, it is a crime to obtain the personal identifying information of another with the purpose of obtaining something of value in the name of that other person. Criminal defense attorneys in Baltimore have seen that personal identifying...
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BALTIMORE CRIMINAL DEFENSE ATTORNEY Identity Theft. The penalty.
If you employ identity fraud to obtain something of value worth $500 or less, you face 18 months. Criminal defense lawyers in Baltimore know the price goes up if the good fraudulently obtained are worth more than $500. Then you face 5 years. The...
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CRIMINAL DEFENSE ATTORNEY IN BALTIMORE Smuggling Drugs to Inmates
13 female Baltimore City Detention Center correctional employees have been indicted on federal charges, including smuggling drugs and cell phones to inmates at the Baltimore City Detention Center. Baltimore criminal defense lawyers will tell you...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Trash Can Burner
Baltimore criminal defense attorneys know the penalty for burning the property of another can be steep, up to and including a year and a half in jail. However, if that personal property is a trash can or a dumpster, the seasoned Baltimore criminal...
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CRIMINAL DEFENSE LAWYER IN BALTIMORE Threatening and Attempting to Burn
Criminal Defense attorneys in Baltimore know that a written of verbal threat to burn a structure or set off a bomb, is treated seriously, carrying a penalty of 10 years in prison. Baltimore Criminal Defense attorneys have also seen that...
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