Legal Question in Criminal Law in Maryland

If you are a parent in the state of MD (MONT. CO) and you use your childrens names on legal documents to commit fraud, what is the punishment for the parent if the authorities found out? And what effect does it have on court proceedings if the parent is sued and the children are involved?


Asked on 8/03/10, 1:36 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

The penalty depends on what statute is violated and possibly the amount of loss involved. Statutes prescribe maximum penalties. Federal and state sentencing guidelines also influence the penalty imposed.

While civil lawsuit may involve the same evidence and witnesses, the standard of proof is higher in a criminal case (preponderance of the evidence versus beyond a reasonable doubt). Typically lawyers will wait to proceed on a civil lawsuit until a related criminal case has been resolved. If the civil case did proceed first, a plaintiff's verdict would not be admissible in the criminal case, but a defendant's verdict might prevent the state from being able to proceed.

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Answered on 8/08/10, 5:08 pm


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