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Questions Answered by Mark Oakley
1 Answer | Asked in Uncategorized for Maryland on
Q: Can a person obtain a license to install security systems in Maryland with a felony conviction over 20 years ago?
Mark Oakley
Mark Oakley answered on Feb 26, 2021

Yes. There are only two absolute qualifications: (1) be at least 18 years of age; and (2) be of good moral character. #2 is what you will be concerned about. A license "may" be denied on account of a conviction or plea of nolo contendere to a crime of theft of a crime "of moral... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: what will happen with a sexting scam

met a girl on dating site father demands money

Mark Oakley
Mark Oakley answered on Feb 24, 2021

It's a scam. Ignore them and move on with your life.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can I get this ticket if my car has no front bumper on??
Mark Oakley
Mark Oakley answered on Feb 23, 2021

This ticket? Maybe that ticket. You can be cited for driving an unsafe vehicle. Bumpers are mandated by regulations adopted under the transportation article of the Maryland Code and must comply with numerous specifications regarding height, location and safety standards as set by federal laws and... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: to take possesion of my parents land as the sole heir i am out of state can i do an out of state bond? the land is in

alabama and i live in md she did not have a will.

Mark Oakley
Mark Oakley answered on Feb 23, 2021

You need an Alabama estate lawyer. The requirements for a non-resident executor of an estate usually involves appointment of a person in Alabama to act as resident agent for the executor for service of legal papers. Because the estate involves real estate, and you cannot easily travel to Alabama... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Mark Oakley
Mark Oakley answered on Feb 22, 2021

You sue in Kansas, in the court having jurisdiction over the location of the Walmart involved; or you can sue Walmart in Arkansas in the county where it has its corporate headquarters (not recommended). You need a Kansas lawyer in the county (or nearby) where the Walmart store is located, who... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can I audio record on public property, regardless of the two-party law?
Mark Oakley
Mark Oakley answered on Feb 22, 2021

In Maryland, you need the knowing assent of all parties to record audio, regardless of the location.

1 Answer | Asked in Civil Rights for Maryland on
Q: I live in an a apt in MD, the woman upstairs has been recording me in my place through the vents. What rights do I have

Vent cameras installed both bathrooms and our bedroom.

I'm 62 years old with severe medical issues

Mark Oakley
Mark Oakley answered on Feb 17, 2021

Call the police, this is a crime. It is illegal to install video recording devices to capture images of someone in their private home without their permission. If you can see the camera and reach it, pull it out of the vent to prevent the person from removing them and denying they were there, or... Read more »

1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley answered on Feb 17, 2021

Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: If 1st and 2nd choice for personal rep decline, will my sister & I (heirs) have to serve as Rep if neither of us want 2

My sister an i agree there is too much work involved in settling our mother's estate. We are listed as heirs. We are the decedents daughters. We don't think anyone will be willing to serve as executor. Who will the court choose if noone is willing?

Mark Oakley
Mark Oakley answered on Feb 16, 2021

Why is it too much work? If the estate has adequate assets, one of you can petition as PR and hire an estate lawyer to prepare and file all paperwork and even manage the estate bank account, hire one or more others to inventory, sell and clear real property of belongings, hire a CPA to prepare the... Read more »

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1 Answer | Asked in Child Support for Maryland on
Q: Will the amount of child support that i recieve change if i moved to a different state?
Mark Oakley
Mark Oakley answered on Feb 14, 2021

No. The original court that issued the child support order controls, and that state's law controls the amount of child support, at least until the child changes domicile to another state and somebody petitions in that state to take over jurisdiction of the matter. Even in that scenario, the... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Excuse my ignorance. If courts are not open, how can one evict commercial tenant after they ignore 30days notice

For a nonpaying commercial month to month tenant of a small office condo. Thanks

Mark Oakley
Mark Oakley answered on Feb 14, 2021

Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.

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1 Answer | Asked in Uncategorized for Maryland on
Q: My kid mother keep putting telephone miss used charges on me she would never give me my daughter we fight and argue

This is the third time she put in telephone miss use charges on me the first time they put it on the step docket the second time I haven’t been to court yet and before I went to court she put the third one on me so now I’m dealing with two more phone miss use charges because we always fight and... Read more »

Mark Oakley
Mark Oakley answered on Feb 10, 2021

Every argumentative phone call is not telephone misuse. Repeated calls, one after the other, at all hours (especially in the middle of the night or early morning when people are asleep) and/or shouting and verbal abuse with every call, daily, may qualify. Nobody needs to call somebody 5-10 times... Read more »

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Hi, the previous tenant of my apartment entered my home two nights ago while I was sleeping. I live in Maryland.

Should I seek legal help? Is this negligence?

Mark Oakley
Mark Oakley answered on Feb 10, 2021

In addition to new locks, I hope you called the police. That was breaking and entering and trespass.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can you tell me the minimum and maximum number of payout to real estate clients. And payout penalties of guilty salesper

I am practicing to take my real estate exam and want clarity on guaranty fund and the money amounts involved in payouts.

Mark Oakley
Mark Oakley answered on Feb 9, 2021

A consumer may make a claim for up to $50,000 against the Guaranty Fund on account of an allowed claim against a real estate agent or broker. The Maryland Real Estate Commission can separately pursue disciplinary action against an agent or broker for violation of the ethical standards, and impose... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I need to know what the maximum penalty wasfor Maryland statute 27.155A and 27.555A back in 1987. I was found guilty

I was given probation for these 2 things. In Maryland case search they show up as misdemeanor. I’m applying for my HQL and one of the questions is have you ever been convicted of a crime that has maximum penalty of over 1 yr . My question is what was the actual penalty for the 2 crimes back in... Read more »

Mark Oakley
Mark Oakley answered on Feb 9, 2021

Md. Code art. 27 sec. 555A (telephone harassment) carried a potential jail term of 3 years in 1987.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with md statute 27.151A false bomb rumor in 1988. I was found guilty And give probation . Can this be

I was given probation and community

Service. I was found guilty but completed

Community service . Can this be expunged.

This took place in 1988

Mark Oakley
Mark Oakley answered on Feb 9, 2021

If you were convicted, and not granted a "probation before judgment" (PBJ) disposition, then this offense is not among the convicted offenses that may be expunged under the current law. If you received a PBJ, then you are eligible for expungement. The list of convicted offenses that may... Read more »

1 Answer | Asked in Family Law and Tax Law for Maryland on
Q: Can I take child tax credit for daughter who lives with me full time 10 months a year in MD? MI judge denied request.

13 year old daughter lives with me in Maryland 10 months a year full time. Michigan denied me taking child tax credit for 3 years because I tool ex's 2019 year for filing. Judge "said" this in court hearing in October 2020 but there's no written order or judge's signature.... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

You risk being held in contempt of court, fined, paying your ex wife’s attorneys fees, reimbursing her for the credit, incurring your own legal fees and costs traveling back for court, and jail. But if the principle is worth that much to you, feel free to thumb your nose at the judge. I cannot... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... Read more »

2 Answers | Asked in Divorce for Maryland on
Q: My ex-husband & I divorced in 2015. He hasn't fulfilled orders outlined in the decree. Is there a statute of limitation?

He was ordered to sign a car over to me (title has both our names on it) and pay half the total of expenses I paid. I was ordered to refinance car to take him off title but couldn't due to age of car and credit. Contacted him in late 2015 and he refused to pay until I could have him sign off... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Court judgments are enforceable for 12 years after their entry. In situations where the subject matter of the order cannot be enforced until more than 12 years later, such as a breach of an order to pay alimony past 12 years, or to pay a portion of a pension or retirement account more than 12 years... Read more »

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