Legal Question in Criminal Law in Maryland

Can I be charged with a crime just because I am accused of stealing?

I moved out of a former friends house on Saturday. This man has harassed, stalked, threatened and has had his daughter do the same to me, I got a peace order for 6mths. today. Now he is saying I stole his stuff when I moved out and is pressing charges on me for ''robbing'' him. Can he do this? I did not take any of his belongings, just my own and I can prove this.. just do not want this on my record, even if it does say not guilty. Can he file charges on me? I spoke to the sheriff's office and they said it is a civil matter since I did reside in his home and he will have to file a civil suit.. he cannot file criminal charges.. Is this true? I have never been arrested, nor do I plan to be.. and this has me worried.


Asked on 8/28/07, 5:45 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can I be charged with a crime just because I am accused of stealing?

Yes, he can claim anything he wants and can file suit where appropriate.

The matter will likely be a civil claim as there is little showing of criminal intent to support your conviction. The existing PO tends to bring his claim of theft into question and the burden of persuasion is on the state to prove all elements of the crime.

His pursuit of such a claim against you can be construed as further harrassment.

You may want to counter him with non-meritorious claims or otherwise seek to extend the protective order. Do not hesitate to contact the sheriff if he should violate the order.

Contact an attorney should you need further assistance.

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Answered on 8/28/07, 9:11 pm


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