Legal Question in Criminal Law in Maryland

My wife was pulled over for a moving traffic violation, but the thing is, she had no valid drivers' license, no registration, no insurance on the vehicle and then she lied about who she was to the officer that night. She told the officer that she was her mother, because she knew all of her mother's information. The cop ended up letting her go that night because her mother does have a valid license and I guess he believed she was who she said she was. When she got home, I told her that she should call the officer and tell him the truth, tell him who she really is because it would just cause tons of trouble for her innocent mother.

Well, that night she did as I requested and obviously the cop was pretty mad and a little humiliated too. Well, two weeks later, which is today, he came to arrest her with a couple of warrants. He told my wife that he is charging her with lying to an officer, operating a vehicle without a license, driving with no registration and identity fraud to avoid prosecution. The thing is, he also told my wife he is charging her mother with the traffic crimes as well. My question is, how can he charge my wife's mother with any crime when she had absolutely nothing to do with any of this? She was at home asleep and doesn't even know any of this happened. But when I go to Maryland Judiciary Case Search, there is my wife's case with all the charges and also her mom's name with the exact same charges. What is going on here?


Asked on 2/21/10, 10:35 am

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

First, he probably wrote your wife the uninsured vehicle and other vehicle related tickets on the day of the occurrence believing that she was her mother. But if he did not, then secondly, the mother has to be personally served with the charging document (likely tickets), or the State has failed to properly initiate prosecution. Third, when she goes to Court, her charges will almost certainly be dismissed. Calvert County has very reasonable and ethical district court prosecutors.

The mother still must appear and defend herself in Court. She may consider getting an attorney, although under these circumstances, I don't see why she would need one. This is a statement I very rarely make. But the reason for this is that the officer seems to have either made a mistake in relying on your wife's false information, or he charged the mother in bad faith. If it's the latter, he obviously knows it is not her, he's just doing it to, I suppose, teach her a lesson. "Don't give your daughter, or anyone, your drivers' license number."

But I think the more likely scenario, and the one we see all the time in this business, is that he wrote your wife the tickets in the name of her mother. In either case, once the mother comes to Court, her case will almost certainly be dismissed.

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Answered on 2/26/10, 12:16 pm
William Welch William L. Welch, III Attorney

Anyone may be accused of a crime. Perhaps the officer was not just mad, but spiteful too. Another possibility is that he had already charged your mother-in-law, when your wife confessed. Both your wife and your mother-in-law should consult with different attorneys, because it would be a conflict of interest for one attorney to represent both of them. The charges you describe carry the possiblity of incarceration.

I offer a free initial consultation, and I can provide a list of attorneys whom the other person may contact about consultation.

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Answered on 2/26/10, 12:21 pm


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