Expert: Robin Sexton - 4/21/2008

Question
My boyfriend was arrested for second degree assault & false imprisonment against me.  on previous occasions he has hurt me, including one incident where i blacked out.  on the occasion where he got arrested, he wouldn't let me leave the house, and had my keys & phone.  he kept pushing me around & i hit him in the stomach & he hit me back in mine, bringing me to my knees.  i loaded my handgun, but never chamber a round or pointed it at him.  i had it pointed @ the ground & immediately unloaded after loading a magazine.  i filed a report after the cops came.  long story short, his court hearing is coming up & he keeps threating that he will press charges against me because his lawyer is telling him to, that doing so may cancel out his charges.  can he really do that?  the incident occured on march 9, 2008.  his lawyer says that because i hit him in the stomach & loaded a gun that he would have a case.  what is the time limitation to press charges in the state of maryland?  also, the seized all weapons in the house, his rifle & my handgun.  how do i go about retrieving my handgun & ammunition?  i appreciate any information you can give me.

Leilani

Answer
Leilani,

    Don't let this guy and his attorney scare you.  Make sure you let the prosecuting attorney know what they are trying to do.  This guy was assaulting you, had a history of assault, you were in fear for your life and you were protecting yourself with the gun.    
    The time frame or statute of limitations vary between states and by type of crime.  In most jurisdictions misdemeanors are one year so it would be well within that time frame for a misdemeanor and if it is a felony probably several years.  
    The last thing the prosecuting attorney needs is to be surprised in court by something the defense knows and he doesn't.  Believe it or not the prosecutor is trying to help you so they need all the information they can get.  The last thing that is needed in court is the victim to come across as being deceptive, not good.
    Weapons are returned, if allowed, after court.  Depending on the final disposition and controlling state laws the police should return the weapons to the rightful owners.

Good luck


Robin