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Maryland Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jan 31, 2023

As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... Read more »

2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2023

Almost nothing in your description is relevant to answering your question. You need to sit down with a lawyer, describe the assets in a manner cognizable at law, and determine where you stand legally. Many lawyers offer consults by Zoom from the convenience of your home of office.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... Read more »

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .

Also, how to report child support application fraud?

Mark Oakley
Mark Oakley
answered on Jan 26, 2023

(1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but... Read more »

1 Answer | Asked in Juvenile Law for Maryland on
Q: Can you dispute a juvenile peace order
Mark Oakley
Mark Oakley
answered on Jan 25, 2023

A final peace order may only be issued after a hearing or by consent of the person against whom it is sought, after service of the interim or temporary peace order and notice of a hearing. The hearing is like a trial, and each side can testify or call witnesses, present evidence, etc. The... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: if a contractor or company doesn't pay for services and rental of equipment can we file criminal case for theft of

services in Delaware, our home state.

Mark Oakley
Mark Oakley
answered on Jan 25, 2023

Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: In MD, school bus' flashing lights came on while I was next to it headed in the opposite direction. Can I fight ticket?

I received a ticket (Maryland State 21, Subtitle 7 of the Transportation article violation) for driving past a stopped school bus with flashing lights and the stop sign extended in PG County, MD. I was on a two-lane road, going in the opposite direction from the bus. Looking at the footage, the... Read more »

Scott Scherr
Scott Scherr
answered on Jan 22, 2023

You should request a trial and go to court. The judge will watch the video and you can testify to what happened. The judge will decide the case. If it was a camera ticket (as opposed to being stopped by a police officer), then there are no points assessed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I changed lanes safely in front of a vehicle with flashing lights. I thought I was using the proper distance and I made

a lane change. I was stopped by highway police. Not understanding why?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

If you received a traffic ticket, you should request a trial within 30 days of the ticket and go to court. If the police officer does not appear, you would be acquitted. If the police officer appears, you can have a trial. Even if you are convicted, the judge can offer probation before judgment... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the consequences of destroying a hotel room? Broken mirror, broken picture, broken tv

Will the hotel charge money for the damages or will there be criminal charges pressed?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

There is a possibility that criminal charges will be filed for malicious destruction of property in addition to a claim for damages for the belongings destroyed. There is no way to be sure whether criminal charges will be filed.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can videos taken by the security camera at the marital house be used legally as evidence in court?

I and my spouse separated. I moved out and my spouse stayed with the marital house. One day when picking up my child from that house for a doctor appointment I noticed that someone else was in that house.

Then I realized that I still had access to the front door security camera. By checking... Read more »

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Possibly, since your spouse presumably knew when the videos were created that the video surveillance system was in place and operational, so that she cannot claim she was videotaped without her knowledge or consent, even if she forgot she was being recorded. But further legal research should be... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Gov & Administrative Law for Maryland on
Q: Can I be paid to fix a reverse osmosis filter without a plumbing license? Would fixing the filter be considered plumbing

The task/job was assigned to me through an app called task rabbit.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Maryland Business Occupations and Professions Code, Section 12-101, defines the term plumbing, and the need for a license, as follows:

(n) Provide plumbing services

(1) “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a...
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1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... Read more »

2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

Yes. Possession of marijuana is still illegal in Maryland, even if the amounts are below the criminal threshhold and only qualify for the civil infraction, and simple possession will remain illegal until the new Maryland law goes into effect in July 2023. After that time, mere odor of marijuana... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My ex is in arrears for alimony in Maryland, he pays something each month but not the full amount
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

You can file a motion to (1) hold your ex in conempt of the court order to pay the full child support amount, and (2) enforce the child support order. You will need to list the total amounts over the time period he should have paid, and th amounts he actually paid, to support your motion. If you... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I injured a person who was trying to enter forcefully into my apartment.

I am pregnant female and lives in an apartment complex. Someone tried to enter forcefully into my apartment and in self defence I injured him with a knife and called the police. He was arrested on scene and police told me that he is under the influence of drugs. Police took him to the hospital and... Read more »

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You are not being charged as far as I can tell. The subpoena is so you will come and testify on behalf of the State in their case to prove the intruder guilty of a crime. You are a witness (and victim) of the crime. You do not need a lawyer. The prosecutor will call you to the stand to tell the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... Read more »

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... Read more »

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