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Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Family Law for Maryland on
Q: For family law penal code 12-104.1 the parent only needs to be sentenced to an 18 month sentence or more, correct?

If I'm given a 2 year sentence and I serve 14 months on that sentence am I still eligible for penal code 12-104.1

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Yes, arrearages do not accrue during the period of incarceration and for 60 days after your release. The threshold for suspension of the obligation is a sentence of incarceration of 180 days or more.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Contracts and Collections for Maryland on
Q: I would like to challenge the jurisdiction of a MD District court. I do/did not live in MD at the time of service.

Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What is Maryland statue of limitations on a misdemeanor criminal citation for possession of cds not Maryjane

We got pulled over on February 8th 2022 I was giving a misdemeanor criminal citation and released from the spot we got stopped since then I never received a preliminary hearing and I haven't been sent a court date think it's a year that Maryland has to charge me or dismiss my charges?... Read more »

Mark Oakley
Mark Oakley
answered on Sep 23, 2022

The citation is the charge, and that meets the statute of limitations for charging you after the date of the offense. The issue is whether your speedy trial right under the Constitution has been violated, and the answer is not found in a clearly stated number of days, but has to do with a weighing... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: How do you phrase a will to prevent unknown heirs from applying for inheritance?
Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... Read more »

1 Answer | Asked in Copyright for Maryland on
Q: I'm a barber I want to put a marvel character on a flyer to promote my Barber business Is this copy right infringement?
Mark Oakley
Mark Oakley
answered on Sep 21, 2022

There's a joke among lawyers: "A picture is worth a thousand words, but when that picture is protected by image copyright, the picture is only worth three words: cease and desist."

No, you cannot use a copyrighted or trademarked image owned by another in the sale or marketing...
Read more »

1 Answer | Asked in Divorce and Health Care Law for Maryland on
Q: My daughter is 18, still under my insurance. Her co-pay and uninsured procedures exceed $200. Who pays that extra bill?

I can't afford a lawyer but currently submitting on my own. I've texted my ex to no avail. I want to submit legal paperwork but unsure how to get started.

Thx

Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Unless the date of service for the healthcare that resulted in the bill occurred before she turned 18 (or after she turned 18 but was still enrolled full-time in high school before completing her senior year), then the obligation to pay any deductibles and co-pays is hers alone, since she is now an... Read more »

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Can I insinuate or "threaten" to break a solar contract that's already been installed?

I recently had solar panels installed in MD. It was verbally stated and explained how it would be installed: inverter inside in the basement, shutdown switch outside in the front, and conduit running on the side of my home hugging the downspout. The installers didn't do this and performed the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

You have a breach of contract action that is unlikely to be material enough to allow you to rescind the contract, give back all the solar panel equipment, and get a full refund. You will be stuck with your contract. Your damages will be measured by the cost to correct and repair any faulty... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Is there a Rule on a default expiration for Court Orders in family law, when a child is 18, sans a motion by the parties

There is Court Order of Consent between the parties prior to the kids reaching the age of 18. I was order to pay child support. To stop paying child support, I motioned to the Court that the child was 18 and no longer needed financial support. It was granted. However, there are other clauses in the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 19, 2022

If your daughter is over 18 now, in the absence of any agreed terms that specifically continue past the age of 18 (such as an agreement to share health insurance costs to a certain age, college tuition, etc.), then the obligations end at 18 insofar as your child goes. A lawyer would have to review... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: How do I know if my estranged husband has filled for divorce?
Mark Oakley
Mark Oakley
answered on Sep 19, 2022

If he files in Maryland, you can look up the case using the Maryland Judiciary Case Search online docket search, simply by searching for your or his name. Google it. If you suspect he filed in another state, you will have to determine whether that state has an online docket you can search. In... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: How can I petition terminating guardianship of a minor who was previously a foster child with DSS?

The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... Read more »

Mark Oakley
Mark Oakley
answered on Sep 17, 2022

You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: How do I transfer my deceased grandparent's house into only my name?

My grandparent's left their house to my mother and aunt in their will. A copy of the Deed of Assignment with Reserved Life Estate is on file with the state as the most current deed. My grandparent's name is still on all paperwork coming from the city and state. My mother and aunt want to... Read more »

Mark Oakley
Mark Oakley
answered on Sep 12, 2022

You do not state who the remainderman is or who has the life estate. The deed will have to be reviewed by a lawyer. The life tenants under the life estate would need to transfer or relinquish their life tenancies and new deed can be issued to the remainderman in fee simple. If that is you, then... Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.

Will I loose my house and car? Everything is owned by my wife and I.

If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?

Mark Oakley
Mark Oakley
answered on Sep 9, 2022

Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Maryland on
Q: Is it illegal (e.g. "wiretapping") to record the air quality of my daughter's school without first obtaining permission?

I sent my daughter with a CO2 (carbon dioxide) monitor to school to check the ventilation level of her classroom. Is there some legal reason to have obtained permission from the school to record this kind of information (no audio or video, or any identifying information was ever recorded)? (There... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

County Boards of Education set the rules on what electronic devices are allowed to be brought onto school campus. This is not a wiretapping issue as it does not concern collection of communications between humans.

1 Answer | Asked in Contracts for Maryland on
Q: I own thousand dollars worth of baskets & want to have a bingo , to raise money for my daughters college fund.

now I'm being told I need a permit. I've already sold tickets for this event. I already signed a contract with the fire department. I need help

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

Refund the money for the tickets sold, cancel the event, negotiate a return of the rental money. Private for-profit bingo games in Baltimore County are illegal, as they are in most counties. They may only be held for charitable purposes by charitable or non-profit organizations to raise money for... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Maryland on
Q: A relative of my elderly mother is trustee. He has been using funds personally but says she will run out of money.

He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: After an exit letter is sent, can a storage a storage company legally continue to invoice for payments.

In April 2020, I entered into a storage agreement contract with another person. I was the only one who made all of the payments for this account. During winter 2021, I sent an exit letter. The payments were stopped at that point. A few months ago, the company began to invoice me, has charged all of... Read more »

Mark Oakley
Mark Oakley
answered on Aug 30, 2022

You need to look at the lease agreement with the storage facility. I am guessing (since you do not state as much) that you and one other person both co-signed the lease and are therefore jointly liable for paying the rent. In such a case, the landlord can choose to sue just one or both of you for... Read more »

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