Author Archives: Jay Butchko
How Does Maryland Differentiate Between Rape in the Second and First Degrees?
While all sexual offenses are violent crimes, rape is the most serious offense in this category. In general terms, rape occurs when a perpetrator uses force, or the threat of force, and engages in sexual conduct without the victim’s consent. In specific terms, there are two different categories of rape crimes in Maryland: Second… Read More »
What are the Different Kinds of Divorce in Maryland?
Although traditional marriage vows make a couple’s union seem permanent, divorce is a common reality across Maryland and the United States. Recognizing this reality, Maryland law provides for two different types of divorce for married couples: Limited Divorce and Absolute Divorce. Limited Divorce Under Maryland Law Maryland Code of Family Law Section 7-102 details… Read More »
Maryland Laws Against Robbery, Armed Robbery, and Carjacking
Under Maryland state law, robbery is a crime of violence that involves the use of force or the threat of force. When a perpetrator uses these tactics to steal property or obtain services unlawfully, it qualifies as robbery. There are generally three different categories of robbery crimes in Maryland. Robbery Maryland Code of Criminal… Read More »
Important Considerations for Marital Separation Agreements in Maryland
Under Maryland family law, it is possible for a married couple to divorce without a lengthy process drawing out in the courts. To do so, the spouses must reach a mutual agreement concerning the terms of their marital separation. Then they must execute a written document that outlines the terms of their separation and… Read More »
Protective Orders vs. Peace Orders in Maryland
Domestic violence and similar forms of abuse represent a terrible intersection of criminal and family law. In order to protect victims from harm, Maryland state law allows the courts to issue protective and peace orders. Although the eligibility for each order is different, both orders enable Maryland judges to end abuse or harassment. Eligibility… Read More »
Can a Parent Lose their Rights to Child Custody & Visitation in Maryland?
Under Maryland law, a parent has certain child custody and visitation rights. Even if a formerly married couple completes a divorce or annulment, both parents will usually have custody or visitation rights. That being said, extraordinary circumstances can result in a parent losing their rights to child custody and visitation. For example, if a… Read More »
Drunk Driving Suspected in Maryland Crash That Kills Three Kids
A 27-year-old man could face criminal charges for driving under the influence (DUI) in Maryland after causing an accident that killed three children and injured two adults, reported NBC affiliate WJAC. This fatal car crash occurred at approximately 10 p.m. on December 30th. At that point, the man was driving south on Indian Head… Read More »
How Does Maryland Address the Award of Alimony Support Payments?
When a married couple decides to pursue a divorce or annulment, either spouse can request alimony support payments from the state courts. These support payments are designed to help address financial inequalities between the spouses. Alimony is common in situations where one spouse stayed at home to take care of children, thus sacrificing career… Read More »
Determining Value & Ownership of Marital Property in Maryland
Unless the parties to an annulment or divorce reach a mutual agreement, the Maryland courts step in to help divide marital property. In the process, the court must separate marital and non-marital property; determine the value of marital property; and resolve any ownership disputes concerning marital property. Determination of Marital Property Maryland Code of… Read More »
Illegal Drug Possession Crimes Under Maryland Law
Often referred to legally as controlled substances, illegal drugs can be extremely addictive and dangerous. To protect the public from this risk, Maryland enacted strict laws against and penalties for the possession of illegal drugs and other controlled substances. If a person possesses a controlled substance without valid authorization, they can face criminal fines… Read More »