Ask a Lawyer and Get Answers to Your Legal Questions
I am looking for Maryalnd law, not US law. Kindly inform me if Maryland has any laws that are similar to the US law 18 U.S.C. 1702 becasue my case is pending in a state court.
I am looking for any civil penalties provided in Maryland law when someone interferes (or receives) and/or opens postal mail that is meant and addressed for someone else.
so are you saying that althought Maryland does not have to have a law thats similar to teh Us law, I can not file a civil case and the only way for me if complain to the federal prosecutor?
Interfering with the mail is a crime. It doesn't give the person affected a civil cause of action against the person who took the mail. In order to sue, you would have to come up with some other cause of action that it fit into. If someone took your mail, with the intent to keep it from you, that's conversion, which is the civil equivalent of theft. Typically, damages are based on the value of the item taken, and mail is valued based on what it would be worth on the open market. However, because theft is an intentional tort, the judge can also consider the wrongfulness of the conduct and can assess punitive damages. So, for example, if I steal your mail, and I know you'll have to pay $1,000 because I did that, you could sue me in civil court for $1,000 (and the judge could award you additional damages).With that said, if this is something that happened in an existing civil lawsuit, usually, what would happen is that the party affected would file a Motion to Vacate an adverse ruling (such as an adverse ruling) on the basis that the other party wrongfully prevented the party from being able to do whatever it is that the person was supposed to do, and then ask the judge to impose sanctions on the person. That could be done in the same court that the case is already in. Sanctions often take monetary form.But neither suing nor addressing the civil aspects in state court would prevent a person from filing a report of the federal crime that occurred. A person can seek both civil and criminal remedies.