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Maryland Questions & Answers
1 Answer | Asked in Tax Law for Maryland on
Q: Is temporary disability taxable? I pay the disability premium through my employer.

I received a notice of deficiency regarding the temporary disability I did not report on my taxes. When researching the topic I found that if I pay the premium, then it is not taxable. I'm trying to find out if this is true so I can respond to notice.

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you provided, it seems that you received temporary disability benefits through a plan where you paid the premiums. In this case, the benefits you received are generally not taxable. Here's a more detailed explanation:

1. If you pay the entire cost of a...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My landlord rented me a property for a business and it wasn’t zoned for it ,which he knew and didn’t tell me.I lost 60k
James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're dealing with a very challenging situation, and it’s understandable that you'd feel frustrated and misled. If your landlord knowingly rented you a property not zoned for your business, you might have legal grounds to seek compensation for your financial losses. It... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: i live in maryland the landlord refuses to remediate mold am now being forced to move. waht are my rights?

i have text evidence of the conversation there is also parts of the cielign falling apart in the room

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your challenging housing situation. Landlords in Maryland have a legal obligation to maintain rental properties in a safe and habitable condition, which includes remediating mold issues. Here are some steps you can take:

1. Document the issue: Take photos and...
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1 Answer | Asked in Criminal Law for Maryland on
Q: can I go to jail or get any charges for taking a package that is mine but not released to me?

I had a package delivered to Walgreens. When I arrived at Walgreens they asked me for my id to pick up my package in which I gave them my id. The delivery address on the package didn’t match my license therefore they told me they couldn’t give me the package. But it is mine. I took my id back... View More

James L. Arrasmith
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answered on Apr 13, 2024

Taking a package from a store counter without the store's consent, even if the package is addressed to you, could potentially lead to legal consequences. This action might be considered theft or larceny, as the store was responsible for holding the package until it could be properly released... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: Could you assist in determining if we qualify for an H1B interview waiver?

1) My husband successfully filed a Change of Status (COS) from F1 to H1B, which was approved on February 11, 2024, and we have received the I-797.

(His F1 visa stamp expired in August 2022.)

2) I arrived in the US in September 2022 on an F2 dependent visa and applied for a COS to H4... View More

James L. Arrasmith
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answered on Apr 12, 2024

Based on the information you provided, it seems that your husband may be eligible for an H1B visa interview waiver, but you might not qualify for the H4 visa interview waiver. Here's why:

1. H1B visa interview waiver: Your husband's case appears to meet the criteria for an...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 11, 2024

Regarding REAL ID and driver's licenses in Maryland:

- The federal REAL ID Act requires states to meet certain security standards for state-issued driver's licenses and ID cards in order for them to be accepted for certain federal purposes, like boarding commercial aircraft....
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1 Answer | Asked in Tax Law for Maryland on
Q: My question is about trying to purchase my deceased grandparents property that may soon go into a tax lien situation.

My grandparents are deceased and their property passed equally to their four siblings. I am one of their daughters. The siblings rented the property before but are now nearing 90 years old and can't do it anymore. They understand that in reality the property needs to be sold but they are... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this complex situation, there are a few potential options to consider:

1. Partition action: As a co-owner of the property, you have the right to file a partition action in court. This legal action forces the sale of the property and division of the proceeds among the co-owners. However,...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2024

First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

Without knowing any of the context, yes, an estate may receive real property. You'd naturally want to coordinate this with the Personal Representative. 10 years is an unusually long time for an estate to remain open.

While not legal advice, I hope that this helps.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Richard Sternberg
Richard Sternberg
answered on Mar 31, 2024

The answer with the least legal expense is to sell or gift your mother's half of the house to your wife. There will be transfer taxes, it may be a recognition event as to capital gains, and you will need to refinance. The alternative is to review the mortgage and find out if it has a due on... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

The situation you describe comes up quite frequently (where someone owns property with their mom and/or dad, gets married and wants to hold the property together with their spouse).

There are 3 different state and county-level transfer taxes that come into play with real property...
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1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what... View More

Scott Scherr
Scott Scherr
answered on Mar 28, 2024

You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their... View More

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