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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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My question is in regards to an individual who I had been in

Customer Question

My question is in regards ***** ***** individual who I had been in a relationship for the past 14 months. I have not been in contact with him in the past week; however some Red Flags have come up involving my vehicle. First and foremost, I would like to note that this individual has had many previous Maryland State court cases (criminal) filed against him in which he was guilty. My concern is that the individual has an "OP" case status against him for the following: (This was my licensed/insured vehicle he was driving)
Charge and Disposition Information
Charge No: 1Statute Code: TA.16.101.A
Charge Description: DRIVING TO DRIVE MOTOR VEHICLE ON HIGHWAY WITHOUT REQUIRED LICENSE AND AUTHORIZATION
Probable Cause Indicator: No Contributed to Accident: No Personal Injury: 1
Property Damage: No Seat Belts Used: No Mandatory Court Appearance: Yes Fine: $0.00
Convicted Speed: 0 Contributed to Accident: No Personal Injury: 0
Plea: Plea Date:
Disposition: Failed to Appear Disposition Date: 04/15/2015
Warrants Information
Type Issue Last Status Status Date
Bench Warrant - Failure to Appear 04/15/2015
Warrant Served 08/07/2015
Document Information
File Date: 02/19/2015 Close Date: Filed By:
Document Name: Non-Deliverable Notices
Comment: TR DATE NOTICE RETURNED
File Date: 04/15/2015 Close Date: Filed By:
Document Name: TRIAL KEYPOINT
Comment: KEYP; 7LO; TRIAL KEYPOINT 10:17:10 REEL 999999
File Date: 04/15/2015 Close Date: Filed By:
Document Name: Suspension - Failure to Comply
Comment: SUSP; 7LO; FAILURE TO APPEAR SUSPENSION; TRIAL OF 041515 SET 012015
File Date: 04/15/2015 Close Date: Filed By:
Document Name: Bail Set
Comment: BSET; 7LO; 041515;00002600.00;BSET;100; ;9U9
File Date: 04/15/2015 Close Date: Filed By:
Document Name: Warrant Issued
Comment: WARI; 7LO; 041515;ZB 0001;2;FTA;D15017970-2
File Date: 04/15/2015 Close Date: Filed By:
Document Name: Status Change Comment: SCHG; 7LO; T446;A TO W
File Date: 08/07/2015 Close Date: Filed By:
Document Name: Warrant Served Comment:
File Date: 08/07/2015 Close Date: Filed By:
Document Name: Initial Appearance Comment: 0.00;ROR;100;
File Date: 08/07/2015 Close Date: Filed By:
Document Name: Court Appointed Appearance - Physically Present Comment:
File Date: 08/07/2015 Close Date: Filed By:
Document Name: Suspension – Recall
And furthermore, he has a NEW CRIMINAL case filed against him that is ACTIVE. I was wondering if this may have to do with the previous TRAFFIC case filed above. And if not, what could this possibly mean because he “claims” it has to do with the Traffic Violation previously, involving my car. Also adding additional background information, he had been previously in the past 2 years been charged with all of the below charges. The only one that seemed suspiscious was the last two charges listed CHARGE NO: 9 CJIS CODE: 1-1265 STATUTE CODE: CR.8.301.(C)(2)(i)(i) Involving FRAUD IDENT INFO THFT $1K-Less than $10K.
Please let me know what you may believe is going on and if it involves the use of my vehicle, per previous TRAFFIC VIOL. Thank you.
Charge and Disposition Information
Charge No: 1CJIS Code:1-0622Statute Code:CR.7.104
Charge Description: THEFT: $1,000 TO UNDER $10,000 Charge Class: Felony District Court
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218
________________________________________
Charge No: 2CJIS Code:1-2501Statute Code:CR.8.609.(b)(1)
Charge Description: FORG-ORDER FOR MONEY,GOODS Charge Class: Felony District Court
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218
Charge No: 3CJIS Code:2-2510Statute Code:CR.8.609.(b)(2)
Charge Description: ISSUE COUNTERFEIT ORDER Charge Class: Felony District Court
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218
________________________________________
Charge No: 4CJIS Code:2-2520Statute Code:CR.8.609.(b)(3)
Charge Description: OBTAIN GOODS, MONEY-FORGERY Charge Class: Felony District Court
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218
Charge No: 5CJIS Code:1-2502Statute Code:CR.8.601.(a)
Charge Description: FORGERY-PRIV DOCUMENTS Charge Class: Felony District Court
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218
________________________________________
Charge No: 6CJIS Code:1-1502Statute Code:CR.8.601.(b)
Charge Description: FORGERY/PRIV DOCUMENT/POSSESS Charge Class: Misdemeanor
Probable Cause: true
Offense Date From: 07/20/2015To:
Agency Name: ANNAPOLIS CITY POLICE DEPT Officer ID:5218_
Charge No: 7CJIS Code:1-2513Statute Code:CR.8.602
Charge Description: ISSUE FALSE DOCUMENT Charge Class: Felony District Court
Probable Cause
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
To be clear, you want to know if it is possible the new criminal charge of CR.8.301.(C)(2)(i)(i) Involving FRAUD IDENT INFO THFT $1K-Less than $10K has anything to do with the traffic violations?
Customer: replied 1 year ago.
I would like to know if that criminal charge may pertain to do with the Traffic Charge considering that the vehicle was my registered vehicle and I was not in the car. But basically overall, I would like to know if the the new criminal charge is a completely different charge and what that Statute actually means. Thank you.
Expert:  Sam replied 1 year ago.

Hello

Thank you for the clarification. I suggest the new charge of CR.8.301.(C)(2)(i)(i) is NOT related to any traffic violations with your vehicle.

You can read the MD Statute for CR.8.301.(C)(2)(i)(i) at THIS LINK and here is what it says for (c) (2) (i) (i)

(c) A person may not knowingly and willfully assume the identity of another, including a fictitious person:

(1) to avoid identification, apprehension, or prosecution for a crime; or

(2) with fraudulent intent to:

(i) get a benefit, credit, good, service, or other thing of value;

(ii) access health information or health care; or

(iii) avoid the payment of debt or other legal obligation.

AND as such you can see that this section of the MD Criminal Code pertains to Identity Theft which is not something that the traffic violations would be a part of. This crime could be a felony depending on the circumstances as noted below.

(2) A person who violates this section where the benefit, credit, good, service, health information or health care, or other thing of value that is the subject of subsection (b), (c), or (d) of this section has a value of less than $1,000 is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

(3) A person who violates this section under circumstances that reasonably indicate that the person’s intent was to manufacture, distribute, or dispense another individual’s personal identifying information without that individual’s consent is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $25,000 or both.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

Customer: replied 1 year ago.
I am still a bit confused on the legal translation of the (c) (2) (i) (i). Is this is same as what is referenced (ii) access health information or health care or does (i) (i) mean something else? If you please further clarify how to correctly analyze the statute code above.
Expert:  Sam replied 1 year ago.

Thank you

I suggest it is (c) (2) (i) (i) or (ii) At any rate, it has nothing to do with a traffic violation.