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Is a Criminal Appeal the Same as a Post-Conviction Petition in Maryland?
It can be easy to confuse a criminal appeal and a post-conviction petition. Both offer a way to challenge your conviction, but the purposes and processes are different. If you have questions about filing either after a criminal conviction, you should speak with an attorney. An experienced Bethesda, MD criminal defense lawyer can help you understand these options and guide you through the process.
What Is a Criminal Appeal in Maryland?
A criminal appeal in Maryland is a formal request to a higher court to review a lower court's decision after a conviction or guilty plea. It is based on the claim that legal errors were made during the original trial. The goal is to find out if something went wrong that made your trial unfair. Appeals are not a chance to show new evidence. Instead, the court reviews what already happened during the trial.
Can I Get a Protective Order During Divorce Proceedings in Virginia?
Virginia law allows protective orders during divorce cases if a judge believes someone needs protection. These orders offer you and your family immediate safety while the court decides on bigger, sometimes heated, issues in your divorce. A protective order can also help set clear boundaries so conflict does not worsen. Our McLean, VA protective order lawyers will guide you through the process of petitioning for a protective order during divorce.
How Do Protective Orders Work in Virginia?
Virginia law provides three types of protective orders, each serving a different purpose and length of time:
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Emergency protective orders last up to 72 hours. They are often issued after an arrest to give immediate safety until the courts are open and able to review the situation.
Are Verbal Contractor Agreements Enforceable in Maryland?
In Maryland, a contract does not have to be written down to carry legal weight. When a construction project is about to start, many property owners and contractors make handshake deals or simple verbal promises. These informal agreements may feel easier than drafting lengthy contracts, but if questions later arise about payment, scope of work, or deadlines, it can cause problems. If you are relying on an verbal contractor agreement in Maryland, speak with an experienced Redland, MD construction law attorney to understand how to protect yourself.
When the Statute of Frauds Requires a Written Contract
Like many states, Maryland follows the Statute of Frauds, which requires certain contracts to be in writing for them to be enforceable. Under § 5-901, contracts for the sale of land, agreements that cannot be performed within one year, and certain financial agreements must be put down in writing.
Can I Sue for a Birth Injury in Virginia?
Mistakes made in a delivery room can cause lifelong injuries to both mother and child. If a medical professional acted negligently during pregnancy, labor, or delivery, you may have the right to file a medical malpractice claim in Virginia.
Recently, Virginia’s Birth-Related Neurological Injury Compensation Program faced turmoil when its CFO admitted to embezzling $6.7 million. The program is a no-fault system that provides compensation for certain severe birth injuries without requiring families to file a traditional malpractice lawsuit. However, the CFO's actions have led to delays in benefits for families who rely on the fund.
In light of this breakdown, many parents are now questioning the program’s reliability and seeking justice through traditional legal claims. Even though the program has faced financial and administrative problems, it generally remains the exclusive remedy for qualifying neurological birth injuries when the medical provider participates. A Vienna, VA personal injury attorney can help you understand the laws that apply and the evidence required to protect your child’s future.
Does a Writ of Actual Innocence Lead To an Expungement in Maryland?
A writ of actual innocence can open the door to expungement, but it does not clear your record on its own. When a judge grants the writ, the court may vacate the conviction, order a new trial, or otherwise change the result. For some convictions, expungement may also be possible later, after a waiting period and completion of the sentence.
A writ of actual innocence and expungement are two separate processes. While the writ may vacate a conviction, you must file a separate petition to clear the record through expungement. An experienced Gaithersburg, MD criminal defense attorney can help you understand your legal options.
What Is a Writ of Actual Innocence Under Maryland Law?
A writ of actual innocence asks the circuit court to undo a conviction based on evidence that was not available in time for the original proceedings. Under Maryland Code, Criminal Procedure § 8-301, newly discovered evidence must be significant enough that a judge or jury could have reached a different result. The new evidence must also clearly and convincingly show actual innocence.
What Do I Need To Apply for a Marriage Green Card?
If you are married to a U.S. citizen or lawful permanent resident, you may be eligible to live permanently in the United States through a marriage-based green card. The process can be complex, and any mistakes with the application could delay your approval. A Merrifield, VA immigration attorney can guide you through the process, which involves proving both the authenticity of your marriage and your eligibility under federal immigration laws.
Who Can Apply for a Marriage-Based Green Card?
You may apply for a marriage-based green card, known as a spousal visa, if you are legally married to a U.S. citizen or lawful permanent resident and meet certain immigration requirements. Under 8 U.S.C. § 1151(b)(2)(A)(i), the spouse of a U.S. citizen is considered an immediate relative. That means these applications are not subject to the same waiting lists or quota restrictions that apply to many other family-based visas. However, spouses of lawful permanent residents fall under the family preference category, which could involve some waiting time.
Can I Sue a Contractor in Maryland?
Hiring a contractor should make home renovations or construction projects easier, not more stressful. But what happens when the work is incomplete, defective, or not done at all? In Maryland, homeowners and property owners have legal options when a contractor fails to meet expectations. If you are dealing with shoddy work, missed deadlines, or a contractor who took your money and disappeared, you may be able to sue. Speaking with a Montgomery Village, MD construction law attorney can help you understand your rights and the next steps.
When Can You Sue a Contractor in Maryland?
In Maryland, you can sue a contractor if they break the terms of your agreement or violate state laws. Common reasons for suing include:
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Poor-quality or unfinished work
How Is Property Divided in a Virginia Divorce?
Going through a divorce is never easy, and dividing property makes it even more challenging. In Virginia, the law follows a system called equitable distribution. This means the court aims to divide marital property fairly. What is fair depends on many factors, including each spouse’s contributions, debts, and needs. Understanding how property is divided can help you set realistic expectations for your divorce. For help protecting your interests, speak with an experienced Lincolnia, VA divorce attorney.
How Does Equitable Distribution Work in Virginia?
The equitable distribution process, outlined in Virginia Code § 20-107.3, starts by identifying which assets are marital and which are separate. Marital property includes most assets and debts acquired during the marriage. They can be in either spouse’s name. This can include income, retirement accounts, cars, and real estate purchased during the marriage. Once the classification is made, the court considers several factors to divide marital assets fairly. These factors can include:
Can You Overturn a Criminal Conviction With New Evidence in Maryland?
Overturning a criminal conviction with new evidence is possible in Maryland, but it requires meeting strict legal standards. If you have discovered new facts that could prove your innocence or cast serious doubt on your guilt, Maryland law provides a way to bring that evidence forward, even after the trial has ended. A Lingnore-Bartonsville, MD criminal defense attorney can help you understand and navigate this process.
What Does Maryland Law Say About Post-Conviction Relief?
In Maryland, if you were convicted of a crime, you can seek relief through a post-conviction petition. This process allows you to ask the court to review your case if there is newly discovered evidence. Under Maryland Criminal Procedure § 7-103, a petition for post-conviction relief must typically be filed within three years of the finalized conviction. However, when the issue involves new evidence that could not have been discovered earlier with reasonable effort, courts will often allow a late petition. Additionally, Maryland Criminal Procedure § 7-104 states that the court may reopen a case after a conviction if it believes it is in the interests of justice.
Can I Sue for Pain and Suffering After a Virginia Car Accident?
Car accidents often leave more than just physical injuries. Many people deal with ongoing pain, emotional trauma, and disruptions to daily life. In Virginia, the law recognizes these struggles and allows you to seek compensation for pain and suffering with a personal injury claim.
Securing this type of compensation can be complex, especially because pain and suffering damages are not tied to exact dollar amounts like medical bills or property damage. Working with a Tysons, VA car accident lawyer can be invaluable when seeking fair compensation after a crash.
What Counts as Pain and Suffering in Virginia?
Under Virginia law, pain and suffering includes both physical pain from injuries and emotional distress, such as anxiety, depression, loss of enjoyment of life, and mental anguish. Daily activities, hobbies, relationships, and overall quality of life can all be affected. Even injuries that seem minor at first can cause lasting discomfort or emotional distress. Each person’s experience is unique. Careful documentation and medical evidence can help prove non-economic losses, like pain and suffering.
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