AVVO is not a safe place to describe your alleged crime!

We ask all of our clients to avoid posting details about their alleged crimes on ANY social media site. The internet is completely open to the public, and that includes the prosecutors seeking to put you in jail-- They read everything.

Below is an AVVO posting that appeared on July 8, 2017. This person is shocked that his AVVO questions made it to the criminal file maintained by the prosecutor's office. And if he admitted to bad things in those on-line postings, or perhaps shared details of the alleged crime not generally known to others, then evidence of the posting may well lead to his conviction.

The only safe place to be completely open about criminal accusations is within the sanctity of the attorney-client relationship. But if you have already disclosed details of the alleged crime on the internet before we establish an attorney-client relationship, you may have done great damage to your potential defenses.

My avvo questions and answers have made it to my criminal discovery in my robbery case Location: Washington, DC how did they make it there? can they be used against me? there are some ip logs from my internet service providers and a return of service there. what does that mean?

I received a civil demand letter. What do I do?

“I made a mistake.   I was caught trying to shoplift.  I gave the merchandise back, and was released.  I thought this was all behind me, until I received a letter in the mail demanding payment.  What is a civil demand letter, and what should I do about it?”

What is a civil demand letter

The letter will identify you, and accuse you of theft.  The letter will demand a return of the merchandise (if not already returned), payment equal to the value of the merchandise (if the merchandise was destroyed), payment for the lost time/wage of the employee(s) who apprehended you, and payment of a civil penalty equal to twice (2x) the value of the stolen items.  See, the Maryland Courts & Judicial Article of the Maryland Code § 3-1302.

What happens if I pay the amount demanded?

If you pay the demand, the store cannot make any further civil demands against you relating to the same theft.  See, Md. Cts. & Jud. Proc. Code § 3-1304.  However, that payment can be used against you in subsequent criminal proceedings to demonstrate your guilt.  See, Maryland Rule 5-804(b)(3).  Payment of the civil demand does not preclude criminal prosecution.  See, Md. Cts. & Jud. Proc. § 3-1306(b).

What happens if I ignore the demand letter?

If you ignore the demand, the store may sue you, civilly.  They must file a small claim in district court, and serve you with a summons.  If they are successful, they may recover attorney’s fees and court costs, regardless of your ability to pay.  See, Md. Cts. & Jud. Proc. § 3-1305(b).  Generally, however, the time and effort required to prosecute a small claim deters such lawsuits.

What can happen, regardless of my decision?

Whether you pay the civil demand or not, the store can swear-out a criminal complaint, and you may be charged with a crime.  Maryland’s consolidated theft statute establishes maximum penalties based on the value of the items stolen:

Value	Type	Max Penalty
< $100	Misdemeanor	90 days / $500
< $1,000	Misdemeanor	18 months / $500
$1,000 - $9,999	Felony	10 years / $10,000
$10,000 - $99,999	Felony	15 years / $15,000
$100,000+	Felony	25 years / $25,000

See, Maryland Criminal Law Article § 7-104.

If you are charged with an incarcerable crime, you are entitled to a lawyer, regardless of your income.  Hire a private attorney, or apply for representation through the Office of the Public Defender.

The casual criminal is everywhere.

This fellow was filmed in my home neighborhood, last night. He is just another in a long line of casual thieves who wander through Baltimore in the wee hours of the morning.

And judging from the flashlight and calm demeanor, this one is practiced and professional.

And this next one, merged from two vantage points, shows a distinguished citizen picking up a UPS package from another neighbor's front stoop. Why go to the mall, when it's all delivered to our/his doorstep?

"The common argument that crime is caused by poverty is a kind of slander on the poor."-- H.L. Mencken.