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Maryland Questions & Answers
2 Answers | Asked in Traffic Tickets for Maryland on
Q: I have a moving violation for a bus that was stopped - there was no way for me to stop safely is it my fault
Lynndolyn Tippins Mitchell
Lynndolyn Tippins Mitchell answered on Aug 2, 2021

If the bus was a school bus, you would be at fault if the stop sign on the bus was displayed. If it was another type of bus, it depends on what the violation alleges.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can You Contact A Court Or Judge Regarding A False Arrest.

Can You Contact A Court Or Judge Regarding A False Arrest. That You Have/ Had A Court Trial For After 10 Year Upon Conviction. To Have It Dismissed. You Just Write/ Email Evidents Regarding??

Kristen M. Martin
Kristen M. Martin answered on Aug 1, 2021

No. You should contact a local Attorney for assistance. Many lawyers offer free consultations for such matters and you should consider speaking with an attorney about your options. Good luck!

1 Answer | Asked in Criminal Law for Maryland on
Q: motion to dismiss

if someone says that you hit them and there's no evidence of it and it didn't happen in police presence can you file a motion to dismiss

Mark Oakley
Mark Oakley answered on Aug 1, 2021

Absolutely. And it will be denied. At trial, the judge or jury will decide who is telling the truth.

1 Answer | Asked in Criminal Law for Maryland on
Q: What charges could I potentially be facing if I hit someone under the influence and the bar has footage of it ?

I don’t know the person it was not intentional it was my misjudgment due to me being intoxicated. Apparently she was an employee at the bar I went to. The person has not pressed charges yet that I know of but they’re asking for my info so I think they will. I have no history of a criminal... Read more »

Mark Oakley
Mark Oakley answered on Aug 1, 2021

Assault, probably 2d degree assault if no major injuries and no weapon used. Although a misdemeanor, it carries up to 10 years in jail. There’s a reasonable chance for straight probation and to avoid a conviction if no serious injury and it being a first offense, but you will need a lawyer. Get... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am Francis looking for a lawyer that represents landlords in 20yr old lead poison case

A previous tenant is trying to sue stating granddaughter have lead poisoning from visiting rental property 20yrs ago.

Mark Oakley
Mark Oakley answered on Aug 1, 2021

You need to contact the insurance company that provided your insurance for the property back at the time of this visit. They will be the ones likely on the hook to pay any judgment; therefore, they will select and pay for your defense lawyer to defend the case. If you fail to notify them in time... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: What shall I do when my neighbor removed the surveyors stake between our properties?
Richard Sternberg
Richard Sternberg answered on Jul 31, 2021

You might check with both the surveyor, the land records office in the circuit court, or the police. Removal of a surveyor's stake is often a criminal act, though removal is often overlooked if it was out of ignorance, and the surveyor might return, re-place the stake, and send the bill to the... Read more »

1 Answer | Asked in Immigration Law and Business Law for Maryland on
Q: My question to you is; since I've never paid taxes before nor am I eligible for a SSN, what do you recommend I do?

I have a unique case under my belt. Perhaps you've worked with people in a similar situation before, but I'm an A2 visa holder (under my father's contract) and I'm looking to purchase an online E-commerce business that has gone for sale for $4 million. It's an extremely... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 30, 2021

Such an endeavor and investment warrants the retaining of an experienced immigration attorney. There are a few possibilities and you should discuss them with a qualified attorney.

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Maryland on
Q: I am the builder of a new home in Prince Georges County Maryland. I am having a horrible time with an overzealous HOA

I am representing a purchaser of a custom to be built home. The lot is within a 50 year old community called Montpelier in Laurel MD 20707. All of the houses with the exception of this one lot was built in the 60's . The association is Montpelier Community Association. They have an... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 30, 2021

Your questions says you are "developer," but that you "represent the owner." Regardless, you have a political and legal problem. If you can't negotiate your way through a community organization staffed by non-professionals, you have the legal option of seeking a declaratory... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 29, 2021

Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.

So for example, if you dad purchased his house for $75K in 1995, and when he died in January...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a tenant renting a room, she run her mouth her sister send me a threatening text message, can i evict my tenant?
Leonard A Englander
Leonard A Englander answered on Jul 29, 2021

Depends on how threatening it is, what the lease says and whether the sister is staying there. If an invitee/guest is breaching the lease, that breach can "rub off" on the tenant as well. If the sister has no relationship to the property (ie not staying there, not an invited guest, etc.),... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have a bench warrant will you for failure to appear in court..

If you have a bench warrant / warrant / warrant for failure to appear in court.. and you sign up for a public defender at the district court commissioners office what do you do if the police come to arrest you or can they. do you gave them a copy of the commission's document regarding the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 28, 2021

If there is a warrant for your arrest, I do not think that your application for the public defender will make any difference to arresting officers. If the PD obtains an order recalling the warrant for you, you should keep a copy of that order, and show that to any arresting officers.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Balloon loan reached maturity in April. Investor wouldn't grant a modification. Refinance 3+ months with lendor.

Balloon Loan mortgage company taken over 3 months to refinance and has reported non payment since May to the credit bureaus. Do I have any recourse? This has destroyed my wife & I's credit score.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

The fault for not paying the balloon off is yours as far as the existing lender is concerned. You owed the money by a due date under the note. You failed to pay when due. The report to the credit bureau is not legally improper from that lender's perspective, since you defaulted on your... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

Mark Oakley
Mark Oakley answered on Jul 28, 2021

It varies. Technically, the State's Attorney's Office has 15 days (plus 3 more days if the motion is mailed to them) from the date the motion is filed and served to file an opposition to the motion, so the court is supposed to wait the response time--or until the opposition is filed if... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: if you get caught legally with the possession of marijuana, can you still get your license at 16 and 9 months? (not me)

i don’t need legal help that questions was for a friend.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Criminal charges not related to the operation of a motor vehicle, and civil citations for possession of under 10 grams of marijuana, have no impact on the ability to apply for or obtain a license or provisional license to drive.

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a maryland bench warrants to become active for failure to appear.

how long does it take for a maryland bench warrants to become active for failure to appear.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Same day or a day or so after court, depending on when the clerk in the particular jurisdiction enters the FTA into the system. Usually, by the end of the court day you failed to appear.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: Hi. I bough a house for $265,000 inn November 2014 with a girlfriend. Her Father actually bought the house outright.

However, he was not put on the deed then or ever. Only myself and girlfriend were on the deed. I was hesitant in buying the house this was as I didn't feel like I was buying the house and didn't have the pride in buying my first home myself. Plus, I did not qualify for the first time home... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Didn’t I answer this yesterday. When you sign papers, they matter. Let a lawyer review what you sighed… ya’know… like the grown ups. You will likely pay for the review.

2 Answers | Asked in Criminal Law for Maryland on
Q: My Cousin is demanding $150,000. What part of the Annapolis Police department handles extortion?

I believe I am the victim of extortion. My Cousin is demanding 150,000. What part of the Annapolis Police Department handles extortion?

Eric Todd Kirk
Eric Todd Kirk answered on Jul 27, 2021

https://www.aacounty.org/departments/police-department/

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1 Answer | Asked in Divorce for Maryland on
Q: I just got divorced and we have a mortgage together with a living trust for our kids I live there and pay the payment

She wants her name off the mortgage what is the law about that because I don’t know if I can afford to tefinance

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How soon after moratorium ends can one evict a holdover tenant?

I need holdover tenant to leave property as I don’t intend to rent. What’s my time line after end of moratorium and when do I need to give 30 day notice

Mark Oakley
Mark Oakley answered on Jul 27, 2021

The moratorium is over. Give your notice to the tenant to vacate and file to retake possession of the premises and evict them. Read all about it here:

https://mdcourts.gov/legalhelp/housingtenants

2 Answers | Asked in Criminal Law for Maryland on
Q: How long will Maryland take to decide if they want to come pick up my daughter from WV on Misdemeanor charges from 2018

My daughter has been in prison in WV for 2 years made parole 11 days ago. found out MD has detainer. how long till we know

She served 2 years...made parole 11 days ago. Has 3 misdemeanor charges out of MD from 2018. How long does MD have to come get her? we are going on 2 weeks and she has... Read more »

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Hire a Maryland criminal defense lawyer for the Maryland charges, and that lawyer will contact the prosecutor's office to see what their intentions are and whether the process can be speeded up or, potentially, if they are willing to drop the charges altogether and release the detainer.... Read more »

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