Are you going through a divorce, custody battle, or have been wrongfully injured? Finding a lawyer who cares and will work with you is critical. The Law Offices of Michael A. Mastracci are dedicated to helping clients throughout Wicomico County, MD. Here are some frequently asked questions about our practice areas, including DUIs, child custody & visitation, and personal injury.
If you have any questions or need legal assistance, don’t hesitate to contact our office today!
How Are Contested Child Custody Cases Handled In Wicomico County, Maryland?
A contested child custody case in Wicomico County, MD, can be emotionally draining and involve a significant financial investment. If you cannot agree on the best child custody terms, or if one parent believes they have a stronger claim to custody, the case will likely have to go to court.
At the beginning of a trial, each side may give an opening statement. Then, both parents may take turns presenting evidence and calling witnesses. At the end of the trial, both sides may give a summary or closing argument. This is your chance to tell the court why it should rule in your favor.
The judge must review certain factors to help determine the child’s best interests. Those factors include the fitness of the parents, their character, and reputation. The court may also consider the parents’ desires and the child’s preferences. Other factors include the child’s age, health, sex, and the potential for maintaining family relations. At the end of the trial, the court may reach a decision and announce it in the courtroom. But that’s not always the case. The decision may be delayed while the court weighs all the evidence. If that happens, the court will either schedule a time to hand down its decision or mail it to each party.
If you are dealing with a contested child custody case, you need a Wicomico County lawyer who is knowledgeable in family law. We believe that child custody cases can be resolved through counseling, mediation, or as many settlement conferences as it may take.
What Happens If A Parent Violates A Custody Order In Wicomico County, Maryland?
When a custody order is violated in Wicomico County, the law requires the custodial parent/lawful custodian first to demand the return of the child.
For children under 16 years old, if the abducting parent remains within the state, it can be a misdemeanor. The person can be fined $25 or imprisoned for up to 30 days. If the abducting parent crosses the state line, it can be a felony. The person can be fined $250 -$1000 and/or imprisoned for 30 days to 1 year. If the other parent has actually stolen the child, you should report this to your local police department immediately.
The only exception to this rule is when the child is in clear and present danger (the victim of abuse or abandonment), requiring the non-custodial parent to save them. The non-custodial parent must be ready to prove this clear and present danger, and they are required by Maryland law to file a petition within 96 hours. In that event, both parents will need a lawyer.
Do I Need A Lawyer For A Misdemeanor Criminal Charge In Wicomico County?
While misdemeanors are less severe than felonies, hiring a lawyer is wise due to the complexities of legal proceedings and the potential consequences on your personal and professional life. An experienced misdemeanor attorney in Wicomico County can navigate plea bargains, court procedures, and challenges to evidence more effectively.
Mike Mastracci brings a comprehensive understanding of Wicomico County courts and legal intricacies, providing strategic defense that addresses these challenges head-on and seeks the best outcome for you.
How Are Personal Injury Settlements Calculated In Wicomico County?
Personal injury settlements serve to compensate individuals who have suffered harm due to someone else’s negligence. When determining a personal injury settlement in Wicomico County, MD, it’s essential to calculate both economic and non-economic damages. Economic damages are easier to quantify and include direct financial losses resulting from the injury. Here are the key components of economic damages:
- Medical Expenses: All costs associated with the injury, including hospital visits, surgeries, medications, rehabilitation, and future medical care, fall under this category.
- Lost Wages: Compensation for the income you lost due to being unable to work. This includes the time you needed off for recovery and any future loss of earning capacity if you cannot return to work.
- Property Damage: Any personal property damaged in the incident; the costs to repair or replace these items are part of economic damages.
Non-economic damages cover intangible losses that affect your quality of life:
- Pain and Suffering: This includes the physical pain and discomfort caused by your injuries. It also covers the ongoing impact of your injury on your day-to-day activities.
- Emotional Distress: Injuries causing significant stress, anxiety, depression, or other emotional impacts are considered here. This includes the psychological effects of the trauma you experienced.
- Loss of Enjoyment: If your injury prevents you from enjoying activities you once loved, such as hobbies, sports, or other personal interests, this loss is included in non-economic damages.
- Loss of Consortium: This type of damage is considered if the injury negatively impacts your relationship with your spouse or family members.
What Legal Options Exist In Maryland If The Other Parent Is Denying Visitation?
If the Maryland court determines that one party has unjustifiably denied or interfered with visitation granted by a visitation order, the court may take any or all of the following actions:
- order that the visitation be rescheduled;
- modify the visitation order to require additional terms or conditions designed to ensure future compliance with the order;
- assess costs or counsel fees against the party who has unjustifiably denied or interfered with visitation rights.
If the other parent is actively preventing visitation, you may have a case for parental interference. The court considers parental alienation a serious matter and may:
- Adjust custody to reduce the interfering parent’s control.
- Order supervised exchanges to ensure compliance.
- Require family counseling to repair the parent-child relationship.
What Evidence Do Maryland Courts Consider In Parental Alienation Cases?
Proving alienation in Maryland requires demonstrating that these behaviors have caused a measurable impact on the child’s relationship with the other parent. Evidence plays a pivotal role in proving parental alienation. This includes:
- Documented Patterns of Behavior: Detailed records of interactions, communications, and incidents that exemplify alienating behaviors are crucial. Text messages, emails, and written records in real time can be particularly persuasive.
- Expert Testimony: Mental health professionals who specialize in child psychology and family dynamics can testify regarding the impact of alienation on the child.
- Witness Testimony: Family members, teachers, and others who observed the dynamics between the parent, child, and the other parent can provide firsthand accounts supporting alienation claims.
- Child’s Testimony: Depending on the age and maturity of the child, their account of their feelings and experiences can be impactful. Maryland courts may consider the child’s expressed views, provided they are of sufficient age and capacity to form a rational judgment. This ensures your child’s voice is heard and considered in the legal process.
How Can A Maryland Criminal Defense Attorney Help After A DUI Arrest?
If you are arrested for a DUI in Maryland, you may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to ensure that your privilege to drive is not suspended prior to your hearing.
A Maryland criminal defense attorney can be helpful in developing defenses to these suspensions in many cases and in assisting the driver in obtaining work- or education-related privileges. Unfavorable decisions may be appealed within thirty days to the circuit court of the county where the driver resides.
The hearing at the Office of Administrative Hearings, where the driver can lose their license or privilege, is completely independent of the hearing at court, where the potential sanctions can include jail, fines, probation, and possibly imposition of points from the MVA, for which the driver may later be subject to having their license suspended, after the court hearing.
What Is The Difference Between A DUI Defense Attorney And A Criminal Defense Attorney In Maryland?
A DUI is considered a criminal offense, either a misdemeanor or a felony. Most of the time, it is a misdemeanor, but it can result in a criminal record.
One distinction between a typical criminal case and a DUI case is that the person who is charged with driving under the influence must also consider the consequences where the Department of Motor Vehicles is concerned, and the possibility of having their license suspended or revoked. In Maryland, a typical criminal case does not involve the MVA. Granted, there may be other serious consequences. Still, the MVA is a separate government entity with different consequences and falls under the purview of a DUI charge.
A Maryland DUI defense attorney focuses exclusively on DUI/DWI laws, breathalyzers, and MVA hearings, possessing deep technical knowledge. In contrast, a general criminal defense attorney handles a broader range of crimes (theft, assault, drugs) but may lack specialized DUI expertise. However, some criminal lawyers do specialize in DUI within their wider practice. In Maryland, DUI defense is complex, involving separate criminal court and MVA license-suspension hearings and requiring specific knowledge of evidence rules and procedures that a DUI specialist masters.
LAW OFFICE OF MICHAEL A. MASTRACCI, LLC
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce, or have been charged with a crime, been injured in an accident or your civil rights have been violated, you need to first know your rights. Consulting a lawyer first can actually save you both time and money in the long run. We also have a comprehensive referral network to suit your individual and family needs.
Whether you’re facing divorce, custody issues, or child support disputes, our shared goal is simple: to guide you through the process with clarity, compassion, and confidence. Two firms. One focus — protecting you and your family. Call us today at 410-869-3400 or visit our law office at 30107 Tammy Court, Selbyville, DE 19975