Michael J. Onifer, III, P.A.

State of Maryland v. Michael Ithier

Michael J. Onifer, III — Fri, 09 Dec 2011 15:21:29 +0000

Mr. Ithier was indicted in March 2004 for possession of ecstasy with intent to distribute. Mr. Ithier posted bond shortly thereafter and was released from incarceration. He returned to his home in Queens, NY. He claims that, because he did not receive a trial notice, 7 years elapsed until he turned himself in to Maryland authorities.
Mr. Ithier was sentenced in April 2011 and received a 5 year sentence at the Department of Corrections, with 2 years suspended, and a period of probation following his release.
Mr. Ithier’s attorney, Michael J. Onifer, III, P.A., promptly filed a Motion for Reconsideration of Sentence. A hearing was held in the Fall of 2011, and the trial judge held the Motion sub curia. Then on December 7th, a second reconsideration hearing was held and Ithier was released from custody and placed on a period of supervised probation.
Ithier’s original charge, possession with intent to distribute a narcotic, carried a 20 year sentence. It is believed that Mr. Onifer’s trial and negotiation skills, as well as his client’s exemplary record while incarcerated, caused the court to reduce the sentence.
Michael J. Onifer, III is an experienced trial attorney with experience in drug possession cases, from negotiations to trial.

Landscape/Hardscape Case

Michael J. Onifer, III — Tue, 01 Nov 2011 18:09:38 +0000

Recently won a judgement in a landscaping/hardscaping case in Circuit Court. Plaintiff alleged that the Defendant did not finish the job that he was contracted to do, and that the work completed was defective. Pictures were shown in evidence, and experts testified as to the defects in the work completed by the Defendant. Defendants contended that the work was actually complete, and blamed discontinuation of work on the Plaintiff. The judge found in favor of the Plaintiff, represented by Michael J. Onifer, III, P.A., and awarded Plaintiff a judgement for damages sustained in this matter.

State of Maryland v. Conrad Lahurd

Michael J. Onifer, III — Sat, 24 Sep 2011 18:07:06 +0000

Went to court with Conrad Lahurd on 9/22/2011. Up against three charges including operating motorcycle w/o wearing required headgear protection, driving on highway w/o required license class, and operating an unregistered motor vehicle. Verdict on all three counts was not guilty.

Marriage and Money

Michael J. Onifer, III — Thu, 07 Jul 2011 18:39:19 +0000

In the bliss of the moment, many couples neglect to address fundamental issues that affect the marriage. It is believed that money issues are the number one reason for marital discord and divorce. Couples should address both short-term and long-term financial goals. The couple should also discuss a timeline including planning for major purchases and family additions, i.e. children.

The couple should be fourth-right when discussing and disclosing debts and credit history. If you are living in a state that holds spouses financially responsible for medical bills and other issues, such as long-term health care, Medicaid and Medicare planning should be done with the assistance of an attorney who handles such matters. An eldercare attorney can assist with these matters.

Simplifying End of Life Wishes

Michael J. Onifer, III — Thu, 07 Jul 2011 18:33:21 +0000

End of life wishes for a sick or terminally ill loved one is difficult without the proper planning and documentation. In Maryland, this problem can be avoided with three simple and relatively inexpensive documents.

The three documents include a will, a living will, and a medical or durable power of attorney. A will deals with your last wishes concerning the distribution or dissolution of your property. A will does not take effect until after death.

A living will instructs the family and medical providers on the treatments that you wish to receive, including life sustaining measures and whether or not you wish your medical providers to perform or apply extraordinary measures. A living will may also include a ‘do-not-resuscitate’ order. It may also include a ‘do-not-intubate’ order. Intubation is the placement of a tube in the nose or mouth in order to have it enter the windpipe (trachea) to help with breathing. The order may also instruct the mdical providers on artificial nutrition and hydration. This is used when you are no longer able to take food and fluid by mouth.

A medical power of attorney lets patients select someone else, a family member or a friend to make care decisions when they are temporarily or permanently unable to communicate their wishes.

The final document, called a POLST, or physician orders for life sustaining treatment, is a medical order form, signed by the patient and the doctor. This form becomes part of the patient’s medical records and provides specific instruction on issues such as breathing machines and feeding tubes.

In addition to the above documents, everyone should have a power of attorney. A power of attorney names an attorney-in-fact and may name a secondary attorney-in-fact to deal specifically with financial issues.

Please contact the Law Office of Michael J. Onifer, III to discuss these matters and to avoid being confronted with the harsh circumstances if you do not have these documents available.

Client History

Michael J. Onifer, III — Thu, 07 Jul 2011 18:47:14 +0000

A recent client, who wishes to remain anonymous, was charged with solicitation of prostitution in November of 2010, which carries a penalty of 1 year incarceration and/or a $500 fine. In District Court on April 1, a jury trial was prayed, moving the matter to Circuit Court. This was following a postponement due to the officer’s inability to testify. The matter was then heard in Circuit Court on June 30, 2011.

Following discussions with the State’s Attorney, the charges were amended to disorderly conduct, and the facts were stipulated so they were not read in open court. The defendant entered a guilty plea to disorderly conduct, and the court sentenced the defendant to 1 year supervised probation.

Domestic Violence and Protective orders:

Michael J. Onifer, III — Mon, 15 Mar 2010 14:13:28 +0000

The law office of Michael J. Onifer, III located in Elkton Maryland, Cecil County handles domestic violence and protective order hearings these hearings are usually held in the district court of Cecil County on Monday mornings before the Honorable Judge Steven J. Baker however any judge in the District or Circuit court may hear the petitions. In most instances, a judge or court commissioner may grant a protective order for a period of seven days to an alleged victim of domestic violence. Thereafter the matter is scheduled for a full hearing within the seven day period or shortly thereafter depending on the court’s schedule. At that hearing the petitioner must prove to the court by clear and convincing evidence that a protective order should be issued. A protective order has many ramifications and may order one party to vacate a residence and have no contact with the petitioning party.

A court may decide to issue a peace order instead of a protective order. This decision is based on the relationship between the parties, i.e. the victim and the person committing the prohibited act. Protective orders apply to people in domestic relationships. i.e. boyfriend/ girlfriend, husband/wife, domestic partners. Peace orders apply to other relationships such as neighbors, co-workers, or people casually dating.

Numbers that may be helpful include a 24-hour domestic violence hotline at 1888-880-7884, a national domestic violence hotline at 1800-799-SAFE and the Maryland network against domestic violence at 1301-352-4574 or 1800-MD-HELPS.

In order to qualify for a protective order the petitioner, person seeking the order must prove to the court by clear and convincing evidence that the other party committed an act that caused serious bodily harm, an act that placed the petitioner in fear of imminent bodily harm, assault in any degree, rape or a sexual offence, attempted rape or sexual offense, or false imprisonment.

In order for a court to issue a peace order a petitioner, person seeking the order must prove to the court by clear and convincing evidence that the other party has been stalking, harassing, trespassing, or malicious destruction of property.

Traffic Court

Michael J. Onifer, III — Sat, 06 Mar 2010 20:32:02 +0000

Professor Charles Matz previously contributed the following on the General listserv:

1. If the defendant pleads guilty in traffic court, the guilty plea is admissible in a subsequent civil case. See Miller v. Hall, 161 Md. 111 (1931). It is admissible as an admission.

2. If the defendant simply paid the traffic ticket by mailing a check, that action (and the fact that a traffic citation was issued by the officer) is not admissible in a subsequent civil case. Briggeman v. Albert, 322 Md. 133 (1991). The action of mailing the check is equivalent to plea of “no contest,” which is also not admissible in a subsequent civil action. Paying a traffic ticket does not necessarily mean that the driver admits guilt; it may have been more costly for the driver to fight the ticket than to pay it.

3. If the defendant is tried in traffic court and is found guilty, the conviction is not admissible in a subsequent civil action. See Aetna Casualty & Surety Co. v. Kuhl , 296 Md. 446, 450 (1983); Brooks v. Daley, 185, 196 (1966). See also Eagan v. Calhoun, 347 Md. 72 (1997) (collecting cases). It is true that the standard of proof in traffic court is higher than that in a civil case. However, much less is at stake in traffic court. A defendant may not (and in most cases, would not) hire an attorney to fight a traffic ticket for, say, $75.00. Thus, it would not be fair to use the conviction against the defendant in a subsequent civil case in which he is being sued for say, $100,000. Also, there is no right to a jury trial in most traffic court cases. Traffic court procedures are also much more streamlined than Circuit Court procedures, and even District Court civil procedures ( i.e., no discovery).

Stet Docket

Michael J. Onifer, III — Sat, 06 Mar 2010 20:27:16 +0000

Michael J. Onifer, III is a solo practitioner located in Elkton, Cecil County, Maryland. His office, located at 147 East Main St., Elkton MD is directly across the street from the District Court house and State building. His office handles criminal law, family law and personal injury matters.

Many of his criminal law cases are placed on Stet Docket. A Stet Docket is the next best case disposition to a Not Guilty verdict. A stetted case may be rescheduled for trial at the request of either the state or the Defendant within one year, and thereafter for the next two years only by court order for good cause shown.