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Monday, February 16, 2015

Monday, April 14, 2014

Dundalk Maryland Lawyer G Randolph Rice Jr. 410-288-2900

Dundalk Maryland Lawyer Randolph Rice's latest video blog.  Call the office if you have a new matter and need legal help in Dundalk, Maryland. 410-288-2900.



Wednesday, April 9, 2014

What is a Stet in Maryland | Maryland Criminal Defense Attorney

FAQ Blog: Stet in a Maryland Criminal Case

In our latest video blog, Maryland Criminal Defense Attorney G. Randolph Rice, Jr., explains;
  • What is a Stet;
  • What does a Stet means;
  • What happens after a case is marked Stet in Maryland?
  • How do I get a Stet in a Maryland criminal case?
  • Can I expunge a Stet?
  • When can I expunge a Stet?
If you have been charged criminally or with a serious traffic offense in Maryland, call attorney Randolph Rice, at 410-288-2900 or email him for immediate legal help and to discuss a Stet.



Friday, March 28, 2014

Maryland Theft Lawyer | Theft Less Than $1000 | Theft Less Than $100

Theft Lawyer Maryland - G. Randolph Rice, Jr.

Maryland Theft Law - FAQ

The theft laws in Maryland are codified under Maryland Criminal Law Code §7-104.  If you have been charged with theft or facing theft charges in Maryland, call attorney G. Randolph Rice, Jr. at 410-288-2900 or you can click here to email him directly for immediate legal help.

Maryland Theft Lawyer
G. Randolph Rice, Jr
410-288-2900
Maryland Theft Lawyer

If you need a theft lawyer in Maryland, call criminal defense attorney G. Randolph Rice, Jr. at 410-288-2900 for immediate legal help.

What is theft in Maryland?  You can be charged with theft in Maryland under a number of different scenarios.  Below are a the most common theft scenarios in Maryland:
  1. Unauthorized control over property. This means a person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
  2. Unauthorized control over property by deception. This means a person may not obtain control over property by willfully or knowingly using deception, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
  3. Possessing stolen personal property. This means a person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person: (i) intends to deprive the owner of the property; (ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.  The key to this section is that you believed that probably was stolen. This is one of the more common theft crimes in Maryland, people receive an item and then try to pawn the item and it turns out the item is stolen.  The State will try and prove that the Defendant knew or should have known the item was stolen based on factors such as; where they obtained the item or how much they pawned the item for. 
    1. In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if: (i) the person possesses or exerts control over property stolen from more than one person on separate occasions; (ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or (iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.
    2. In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that: (i) the person who stole the property has not been convicted, apprehended, or identified; (ii) the defendant stole or participated in the stealing of the property; (iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or (iv) the stealing of the property did not occur in the State.
    3. Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.
  4. Control over property lost, mislaid, or delivered by mistake. This means a person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:
    1. knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;
    2. fails to take reasonable measures to restore the property to the owner; and
    3. intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.
  5. Services available only for compensation. This means a person may not obtain the services of another that are available only for compensation:
    1. by deception; or
    2. with knowledge that the services are provided without the consent of the person providing them.
      1. Inference of intention or knowledge. Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.
If you are in need of a criminal defense lawyer in Maryland a theft case, call attorney Randolph Rice at 410-288-2900 to schedule a free legal consultation.

Penalty for theft in Maryland (Jail and Fines)

  1. A person convicted of theft of property or services with a value of at least $1,000 but less than $10,000 is guilty of a felony.  If convicted, the person is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services;
  2. A person convicted of theft of property or services with a value of at least $ 10,000 but less than $100,000 is guilty of a felony. If convicted, a person is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
  3. A person convicted of theft $100,000 or more is guilty of a felony is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
  4. A person convicted of theft of property or services with a value of less than $ 1,000, is guilty of a misdemeanor and is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
  5. A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both shall restore the property taken to the owner or pay the owner the value of the property or services.


Repeat Offender and Enhanced Penalties for Theft in Maryland

Anyone in  Maryland who has two or more prior convictions under the theft statute and who is convicted of theft of property or services with a value of less than $1,000 is guilty of a misdemeanor and: is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.

For the court to impose that penalty the State's Attorney must serve notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that (i) the State will seek the penalties and (ii) lists the alleged prior convictions.

Failure to pay for motor fuel after dispensing in Maryland

If a person is convicted in Maryland of the violation "failure to pay for motor fuel after the motor fuel was dispensed into a vehicle", the court shall: (i) notify the person that the person's driver's license may be suspended under §16-206.1 of the Transportation Article and (ii) notify the Motor Vehicle Administration of the violation.

There is a statute of limitations for failing to pay for motor fuel after dispensing in Maryland. A prosecution for a violation shall be commenced within 2 years after the commission of the crime.

There is also a special jurisdiction and venue rule for failing to pay for motor fuel in Maryland. A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.


If you've been charged with any section of the theft laws in Maryland, call attorney Randolph Rice at 410-288-2900 for immediate legal help.