Maryland MVA Lawyer       We can help prevent your license from being revoked or suspended or help you get your license back in the shortest possible time.     410 - 653 - 0020/ 24/7.

Maryland MVA Lawyer
Aggressive Representation

 

Difficult and Complex Cases Accepted
Upon receipt of your case we can explain
Defenses you may not be aware of.
410 - 653 - 0020   24/7


" Upon receipt of your call, we can explain defenses you may not know about to prevent your license from being suspended or revoked, or to get your driver's license back in the shorest possible time.   If your license has been suspended or revoked there are detailed procedures and sequences that must be adhered to fulfilled prior to a license being granted.   While each case is different, we can assist you with getting your license back in the shortest possible period of time. "

These defenses can make the entire difference between winning or losing your MVA case. Even if you believe you are guilty, the state may not be able to prove you are guilty at your hearing. "I have watched this happen many times." When you retain maryland mva attorney, you will get an excellent opportunity to have your case dismissed prior to trial or to get your licnese back in the shortest possible period of time. "RESULTS ARE EVERYTHING". Our objective is to avoid a license suspension or revocation.

Maryland mva attorney is an experienced lawyer for DUI, Driving on Suspended or Revoked License, Speeding, Radar and MVA Hearings. As a past Assistant State's Attorney, maryland mva attorney has gained experience in over 20,000 cases. He thoroughly knows the state's play book, understands police mistakes, what defenses are effective, and is able to use BOTH SIDES of the law to provide you with an excellent opportunity to get your case dismissed prior to trial, keep your license, or to get your license back in the shortest possible period of time.

The call is complimentary. You may be SURPRISED to learn what defenses are AVAILABLE. You can call now to learn your options.

Maryland mva attorney is available to represent you in every Maryland County and Baltimore City. Frequently, pleading guilty or paying a fine prior to trial can be a mistake. To begin your case, you can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by mail, in which event, the steps we take and the result will be identical.

(Client Comments)

"Many thanks for your knowledgeable represention in getting my driver's license back after I struggled for many years trying to do it on my own without any success.   I wish I would have found out about you sooner" ~~R.S.

"Your representation was absolutely outstanding in convincing the administrative law judge to completely dismiss my MVA case after I refused to take a breathalyzer test.   Without your help, I would have lost my license.   Many thanks. ~~ F.S.

"I did not realize how complicated these proceedings are and could have never gotten my license back without your excellent representation. Thanks. "~~T.S.

"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license. " ~~F.F.

"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.

"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. " ~~T.D.

"The result you obtained in my third DUI case was outstanding." ~~M.J.

"I was worried about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.

Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case.

++Both Maryland lawyers, and out of state lawyers, have selected maryland mva attorney to represent them in their **PERSONAL** DUI cases.++

The police are required to follow very strict procedures. The police officer's failure to do so can lead to the dismissal of your DUI case. What is referred to as a "Technicality" or "Loophole", is actually a way of using the to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical illnesses, mental illnesses or disabilities can be confused with DUI and can make an effective presentation to the court in an effort to get the case dismissed. I have seen this happen many times.

The education, training and experiences of your lawyer can make the difference in the final result. A question frequently asked is whether or not to submit to a breathalyzer test. Upon receipt of your call we will explain these issues to you. If you have gone to court, have been found or plead guilty, and question what happened, we can explain your rights to appeal and other post judgment rights you have.

When defending your MVA, DUI or driving on Suspended or Revoked License case "RESULTS ARE EVERYTHING" You need the lawyer who can provide an excellent opportunity to get your case dismissed and provide an excellent result. Our first step is to help you learn what DUI defenses may be available upon receipt of your call. The call is complimentary. 410-486-1800 24/7.

Mailing Address:
Bruce Lamb
Attorney at Law
1866 Autumn Frost Lane
Baltimore, MD 21209-1131

Helpful Legal Terms

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the

Exempt assets Property that a debtor is allowed to keep, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living such as auto tools for an auto mechanic or dental tools for a dentist. The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Traffic and MVA Matters. A Maryland attorney can assist you with traffic and MVA matters as well as court charges.

Maryland MVA Lawyer. A Maryland MVA lawyer can represent you at MVA hearings concerning license suspension to ensure the best outcome possible.

MVA Hearings. MVA hearings are held at various full-service MVA offices throughout the state, including Glen Burnie, Frederick, and Hagerstown.

law of the case - a ruling made at trial and not challenged on appeal

Trial Attorney. Your trial attorney is the lawyer who appears before the court at your trial.

Maryland MVA Hearings Attorneys. Maryland MVA attorneys represetn clients in hearings before the MVA.

Maryland MVA Hearing Lawyer. A Maryland MVA hearing lawyer is admitted to the bar and familiar with MVA procedures.

Maryland DUI. A DUI charge or driving under the influence of alcohol, is a serious matter and should be handled by a professional.

law of the case - a ruling made at trial and not challenged on appeal \

Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.

Power of Attorney - Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property.

MVA fines and bankruptcy - MVA fines and are dischargeable in chapter 13 bankruptcy.

Nonjury trial - Trial before a judge but without a jury

Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments

Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.

Maryland MVA

Equitable Pertaining to civil suits in equity rather than in law. In English legal history, the courts of law could order the payment of damages and could afford no other remedy see damages . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.

In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Insider of corporate debtor

Noise Control Act - A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions

Nonfeasance - omission to perform a required duty or total neglect of duty; Nonperformance of an act which should be performed;

Transcript A written, word-for-word record of what was said hearing, a trial, or an oral deposition.

Trustee The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Typing service A business not authorized to practice law that prepares bankruptcy petitions.

Leading question - A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination

Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

Title - legal ownership.

Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death

Larceny - Obtaining property by fraud or deceit

interlock - an interlock is a device attached to the ignition system of a car that tests a driver's breath for alcohol; if the test indicates a certain level of alcohol, usually .025, in the driver's blood, the car will not start and the result is reported to the MVA.

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom

declared incompetent, or other person under some disability

No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict

Federal public defender An attorney employed by the federal courts on a full time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. <

Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.

student loans -- student loans cannot usually be discharged in bankruptcy, but there are exceptions for fraud by an unscrupulous lender or undue harship.

child support -- back child support will not usually be forgiven in the course of a bankruptcy proceeding.

Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

U.S. attorney A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys that appear as the government's attorneys in individual cases.

Memorandum - An informal note or instrument embodying something the parties desire to have in written evidence

Jurisdiction - The power or authority of a court to hear and try a case the geographic area in which a court has power or the types of cases it has power to hear

Unlawful detainer action A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.

Unliquidated claim A claim for which a specific value has not been determined.

Unscheduled debt A debt that should have been listed by the debtor in the schedules filed with the court but was not. Depending on the circumstances, an unscheduled debt may or may not be discharged.

Unsecured claim A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

Uphold The appellate court agrees with the lower court decision and allows it to stand.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Pretermitted Child - A child born after a will is executed, who is not provided for by the will.

Pretrial Conference - A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and explore the possibility of settling the case without a trial.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity , offender's employment background , offender's educational background , offender's social history , residence history of the offender , offender's medical history, information about environment to which the offender will return , information about any resources available to assist the offender , probation officer's view of the offender's motivations and ambitions, full description of the offender's criminal record , and recommendation as to disposition.

Pretrial Intervention - Programs to aid certain qualifying criminal defendants by diverting them from prosecution and enrolling them in rehabilitative programs. Upon successful completion of the required program, the criminal case is dismissed. Pretrial intervention is most often used in substance abuse and domestic violence where the crime charged is the defendant's first offense.

Precedent - A previously decided case that guides the decision of future cases, source of common law.

Preponderance of the evidence - Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it. The amount of evidence that must be presented to prevail in most civil actions.

Libel - Published defamation which tends to injure a person's reputation

Licensing boards - State agencies established to control the issuance of licenses

Lien - An encumbrance or legal burden upon property

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Verdict The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Voir dire Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Legal aid - Professional legal services available usually to persons or organizations unable to afford such services

Notice to creditors - A notice given by the bankruptcy court to all creditors of a meeting of creditors

Nuncupative will - An oral, unwritten will, invalid in many states.

Manslaughter - The unlawful killing of another person without the specific intent to kill; either voluntary or involuntary.

Living trust - A trust set up and in effect during the lifetime of the grantor

objection - process by which one party takes exception to some statement or procedure. An objection is either sustained allowed or overruled by the judge A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the

Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living i.e., auto tools for an auto mechanic or dental tools for a dentist .

Jurisprudence- The study of law and the structure of the legal system, ,

Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense

Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and the debtor made good faith efforts to repay the loans. The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Occupational Safety and Health Act A federal law designed to develop and occupational safety and health standards promote .

Jury Administrator - The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term

Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide a case in favor of one side or the other.

Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Exculpatory evidence Evidence indicating that a defendant did not commit the crime.

Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract .

Justiciable - Issues and claims capable of being properly examined in court

Felony A serious crime, usually punishable by at least one year in prison.

File To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Maryland MVA Lawyers

Fraudulent transfer A transfer of a debtor's property made with an intent to defraud or for which the debtor receives less than the transferred property's value.

Mediation - Is aa form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement

Misdemeanor - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary , ,.

Naturalization - a Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship

Negligence - Failure to use care which a reasonable and prudent person would use under similar circumstances

Negotiation - The process of submission and consideration of offers until an acceptable offer is made and accepted

Next friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially

Murder - The unlawful killing of a human being with deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree

Limited Jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. Traffic violations generally are heard by limited jurisdiction courts

Litigant - A party to a lawsuit

Fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial

Mittimus - The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law. Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, maryland mva lawyer lawyer,

Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision

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Murder - The unlawful killing of a human being with

Marshal - The executive officer of the federal court

Maryland mva phone number is available in the telephone directory.

Maryland mva emissions test facilities are located throughout the state.

Maryland mva change of address must be filed when you move.

Maryland mva registration renewal requires that you have no unpaid tickets or fines.

Maryland mva practice test may be obtained at any MVA office.

Maryland mva learners permit allows a student driver to drive when a licensed adult is in the car.

Maryland mva driving test is given at all full-service mva facilities

Maryland mva driving record lists all citations and convictions.

Litigation - A lawsuit; a legal action, including all proceedings therein Office of Administrative Hearings

The Office of Administrative Hearings (OOAH ) serves as a separate independent, judicial body comprised of several administrative law judges that hear cases and issue opinions about on a variety of subjectsincluding, but not limited to, zoning, land use and related matters. Before nineteen eleven these cases were performed by the Zoning Commissioner and Deputy Zoning Commissioner. The office rules on zoning and development cases, including variances, special exceptions, nonconforming uses and special hearing cases, conducts public hearings and grants approvals or denials on proposed property plans.

The office also conducts hearings and rules on Maryland code enforcement violation cases, environmental violations, County employment grievances and other different matters which from time to time are referred to the Office of Administrative Hearings by State Government.

The mission of the office is to be sure that the right of all persons to be treated in a fair and unbiased manner in their efforts to resolve disputes with Baltimore County in a prompt, effective and professional manner. It should be noted that this office does not give legal advice or recommendations regarding any of the matters that come before it.

The Administrative Law Judges are appointed by the County Executive and confirmed by the County Council.

Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.

Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding

Magistrate - Judicial officer exercising some of the functions of a judge but does not alaws have all of the powers of a judge. It also refers in a general way to a judge

Malfeasance - The commission of an unlawful act

Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Presentment - Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include formal criminal charges.

Prima Facie - Presumably. A fact presumed to be true unless disproved by some evidence to the contrary. Evidence that will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff's case,

Legislation - The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws

Law Blank - A printed legal form available for preparing documents,

Law Clerk - In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer or law school student employed to do legal research

Letters Testamentary - Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name

Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure. , in maryland,

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming business which meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Proof of claim A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. There is an official form for this purpose.

Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of that the debtor is a director, officer, or person in control,

Interrogatories A form of discovery consisting of written questions to be answered in writing and under oath.

Subpoena duces tecum A command to a witness to appear and produce documents.

Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.

Bankruptcy estate All interests of the debtor in property at a time of the bankruptcy filing, , The estate technically becomes the temporary legal owner of all of the debtor's property.

Bankruptcy judge A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

Business bankruptcy A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

Capital offense A crime punishable by death.

De novo Latin, meaning anew. A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

Deposition An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

Discharge A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also stops creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Dischargeable debt A debt for which the Bankruptcy Code allows the debtor's personal liability to be woped out. Disposable income Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

Docket A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Due process In criminal law, the constitutional guarantee that a defendant will receive a fair or impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property,

En banc French, meaning on the bench. All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Equitable Pertaining to civil suits in equity rather than in law. . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract

Legitimate - That which is legal, lawful, recognized by law or according to law

Key number system - A research aid developed by the West Publishing Company which classifies digests of cases in on various law topics and subtopics which are given paragraph numbers called Key Numbers. Each key number for a given topic helps the researcher quickly find all references to the legal matter being researched

No-contest Clause - Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited Pretrial Release - Release by sheriff's personnel after arrest and before any court appearance, but with a court appearance date.

Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.Objection to exemptions A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors, ,.

Opinion A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

Oral argument An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

In appellate cases, a group of judges usually three assigned to decide the case; . In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Consecutive sentence Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Priority The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full, maryland mva attorney,.

Postpetition transfer A transfer of the debtor's property made after the commencement of the case.

Prebankruptcy planning The arrangement or rearrangement of a debtor's property to allow the debtor to take maximum advantage of exemptions. Prebankruptcy planning typically includes converting nonexempt assets into exempt assets,

Pretrial services A function of the federal courts that takes place at the very start of the criminal justice process - after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

Reverse The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

Secured creditor A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

Precedent A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally follow precedent - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

Deferred Sentence - A sentence that is postponed to a certain time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.

Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case.

Demanding State - The state seeking return of a fugitive.

Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral.

De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.

Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.

Descent and Distribution Statutes - State laws which provide for the distribution of estate property of a person who dies without a will.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving an interpretation and application of the Constitution, acts of Congress, and treaties.

Leniency - Recommendation for a sentence less than the maximum allowed, maryland mva

National Labor Relations Board. - A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

No-fault Proceedings - The civil case in which parties can resolve certain dispute without the formal finding of error or fault

Plea In a criminal case, the defendant's statement pleading guilty or not guilty in answer to pending charges.

Pleadings Written statements filed with the court that describe a party's legal or factual assertions about the case.

Class action A lawsuit in which one or more members of a large group, or class, of persons or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Legal texts - Books that cover specific areas of the law, usually dealing with a single topic, . Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living , auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act,

Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Count An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count, maryland mva lawyer,.

Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.

Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to a jury to return a specific verdict.

Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.

Discharge of bond - A court order to release a bond.

Disclaim - To refuse a gift made in the will.

Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.

Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.

Notification of MVA hearing date. Once you request a hearing, the MVA will schedule your hearing date for four to six weeks after your request.

Postponements are possible on request. What should I do if I missed my scheduled hearing?

Missed hearing. If you miss your hearing, the MVA will automatically impose the hearing for the infraction.

Appeal from MVA hearing decision. You must file your appeal within days of your hearing in the Circuit Court for your county.

Disposition. The Office of Administrative Hearings will notify the MVA of its decision. You may receive a revocation or suspension, points may be assessed, or you may be given other conditions, such as installing an intoximeter or restricting your driving to employment or medical treatment.

Surrendering your license. If your license is suspended or revoked, you must return it to the Maryland MVA..

Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.

Eminent Domain - The power of the government to take private property for public use through condemnation.

En Banc - All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Endorsed - Stamped with the seal of the court indicating the date and time of filing with the court.

Enjoining - An order by the court telling a person to stop performing a specific act.

Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

Entry of Judgment or Order - The filing of a written, dated and signed judgment or order.

Disposition - The sentencing or other final settlement of a case, Counsel's services to not include any real estate issues. Debtor has agreed to retain other counsel in connection with any possible real estate issues, maryland mva attorneys,

Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

DOC - The Department of Corrections - state prison facility.

Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.

Docket Number - The numerical designation assigned to each case by the court., maryland mva attorneys, Searches related to maryland motor vehicle administration

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Evidence - Testimony or exhibits received by the court at any stage of court proceedings.

Examination - The questioning of a witness under oath.

Exceptions - Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion or objection. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial.

Execute - To complete the legal requirements such as signing before witnesses that make a will valid. Also, to execute a judgment or decree means to put the final

Inculpatory evidence is evidence tending to prove the guilt of the defendant.

Burden of proof The duty to prove disputed facts. In many vil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt, maryland mva attorneySee standard of proof.

Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

Domicile - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

Elements of a Crime - Specific factors that define a crime and which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the Constitution that the law treat all persons equally. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure , that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others, that persons are liable to no other or greater burdens than those are laid upon others , and that no different or greater punishment is enforced against them for a violation of the laws.

Escheat - The process by which a deceased person's property goes to the state if no heir can be found.

Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party held in escrow until all conditions of the agreement are met.

Equity - Generally, justice or fairness. Historically, equity refers to a different body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.

Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset.

Estate Tax - Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel - A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al. - And others.

Exculpatory evidence is evidence tending to prove the innocence of the defendant.

Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.

Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.

Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

Bench trial A trial without a jury, in which the judge serves as the fact-finder, maryland mva attorneys, .

Brief A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

Appellee The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

Tort A civil, not criminal, wrong. A intentional or negligent injury against a person or property, with the exception of breach of contract.

Transfer Any mode or means by which a debtor disposes of or parts with his or her property.

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation,

Minute book - A book maintained by the courtroom deputy, which contains minute entries of all hearings and trial conducted by the judge

Minutes - Memorandum of a transaction or proceeding

Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.

Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.

Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.

Joint petition One bankruptcy petition filed by a husband and wife together.

Judge An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

Judgeship The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

Judgment The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Judicial Conference of the United States The policy-making entity for the federal court system. A multy judge body whose presiding officer is the Chief Justice of the United States.

Preferential debt payment A debt payment made to a creditor in the ninety day period before a debtor files bankruptcy or within one year if the creditor was an insider that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

Pro per A slang saying that is sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase in propria persona.

Property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case.

Pro se Representing oneself. Serving as one's own lawyer.

Prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Pro tem Temporary.

Arraignment A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Official reports - The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority

On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court

Oral argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument

Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Undersecured claim A debt secured by property that is worth less than the amount of the debt.

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans.

Voluntary transfer A transfer of a debtor's property with the debtor's consent.

Wage garnishment non bankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.

Acquittal A jury verdict that a criminal defendant is not guilty, or the finding of a

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge

Miranda warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her

Misfeasance - Improper performance of an act which a person might lawfully do

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury

Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame

Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment Occupational Safety and Health Review Commission - The agency established by OSHA to adjudicate enforcement actions under the Act

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