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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  8+ years defending Misdemeanor and Felony cases.
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State of Maryland 28 year old closed case for misdemeanor battery,

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State of Maryland 28 year old closed case for misdemeanor battery, was never served or arrested. Attempted expungment, received a letter of request for expungment denied. Case status is now active form closed. Called clerk and was informed to file a motion for a court date and appear on the date set in front of judge. Is this my only option? Is it possible the States Attorney would drop the case if I contacted them?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Do you know why the expungement was denied if the case was closed? Also, if you were never arrested nor received a notice to appear to answer to the charge, how did you know there was a matter pending or why was the case closed?
Customer: replied 1 year ago.

I found the information on line at the Maryland court case web site:


http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp


 


Then went to the Prince Georges County Maryland court house and applied for expungment of the case. You can look up the case with only my first and last name. Case number XXXXX XXXXX


 


Thanks.


 

Customer: replied 1 year ago.

No reason was given for the denial.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. The first thing that you need to find out is why the case when from closed to active. My initial thought that it was a result of you filing for the expungement. What is odd is that the case was closed by the State, as a result of them not taking any action to prosecute, yet your application for expungement was denied. As such, you do need to file a motion and go back before the Judge, to inquire about 1) the reason for the denial, since if it is known you can correct the problem 2) ask if the State will drop the case and correct the record, since they never took any action and 3) to find out why it is active. The State is not likely going to speak with you outside of court, since you are pro se, so it is something that would need to be set for hearing, so they can appear to explain the situation and you can ask that they drop the case, since it was previously closed before. Seeing how the case is 28 years old and no action was ever taken, the statute of limitations has run so they could not refile it. This is why you need to find out why it is now open and why the expungement was denied, since the State never prosecuted.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

Thanks for you advisement. I was informed that I will receive a summons with a court date to appear in front of a judge for this case in Prince Georges County, Maryland. The reason given by the District Court clerk why the case went from closed to active is #1 I applied for an expungment and it was denied #2 the case originally in 1985 was a summons and when that was not served it became a warrant after 90 days. I even called the Sheriff to see if they had a warrant, they replied no.


So it appears that if I just let the case go and stayed closed and did not apply for an expungment I would not now have a court appearance pending for a 28 year old misdemeanor battery case.


 


Obviously I need an attorney! I'm 52 years old and I've come light years from when I was in my early 20s. The circles I associate in now are mighty powerful. My attorney for this case is my neighbor and friend who just started his Criminal practice this year. He was previously the U.S. Attorney for the Baltimore, MD district. He successfully prosecuted the Prince Georges County Executive and his wife who are now both in federal prison. Do you think the District States Attorney will know who he is?

Expert:  CrimDefense replied 1 year ago.
They might but I do not think it is necessarily going to have a direct impact on the outcome. I think your attorney can reach out to the State prior to the hearing to address any issues and I think it is important that the warrant be vacated/lifted, if it is still active.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17004
Experience: 8+ years defending Misdemeanor and Felony cases.
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