Questions Answered by Mark Oakley

Q: Do this violation have points or license suspension if paid in full instead of requesting a trial Ta-13-410H

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Mar 18, 2019
Mark Oakley's answer
13-410(h) only provides that you may return a license plate by mail. I cannot see how you can violate that provision as it neither prohibits nor requires action. Generally, however, violations regarding tags and registration do not carry points or impact your drivers license, as they are not considered moving violations and do not carry jail.

Q: I was charged with 3rd degree burglary, trespass private property & theft less than $300 in 97. Convicted only of tresss

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2019
Mark Oakley's answer
Nothing you can do but hope the legislature adds 6-403 of the Criminal Code to the list of expungeable offenses.

Q: Do this violation have points or license suspension if paid in full instead of requesting a trial

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Mar 15, 2019
Mark Oakley's answer
Does what violation? You did not specify the violation. If you can cite the specific code section listed on the ticket, that will be the best way to know.

Q: I looked online and it says petition-violation of probation..do that mean they coming to lock me up or get a court date?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 3, 2019
Mark Oakley's answer
Probably means you’ll get a summons to appear. The PO has the option of requesting a warrant for your arrest, but that is not typical. You can call your PO to confirm. Or hire a lawyer to call as well as represent you.

Q: I want to evict my tenant cuz she hasn't paid rent in 4months. The courts won't intervene cuz i have no Renter's license

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Mar 2, 2019
Mark Oakley's answer
You are filing your legal action incorrectly. You cannot use the landlord-tenant forms or seek to enforce the landlord-tenant laws or the terms of the lease, because the lease is not legally valid as a result of your not being licensed.

What you must do is file a complaint for unlawful detainer, the form for which is here:

https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv089.pdf

When suing for unlawful detainer, you are not seeking...

Q: What the code for fraud in a marriage

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Mar 1, 2019
Mark Oakley's answer
Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are referring to. A fraudulent marriage can form the basis of an immigration crime, where a foreign national and a US citizen conspire to enter into a marriage for the sole purpose of securing the legal status and...

Q: What section/article of MD Code deals with requirements for non-profit associations re: budget approval by board?

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 1, 2019
Mark Oakley's answer
MD Code, Corporations and Associations, § 2-409. Place and notice of meetings

(a) Unless the bylaws of the corporation provide otherwise, a regular or special meeting of the board of directors may be held at any place in or out of the State or by means of remote communication.

(b)(1) Notice of each meeting of the board of directors shall be given as provided in the bylaws.

(2) Unless the bylaws provide otherwise, the notice:

(i) Shall be in writing or delivered...

Q: My broker is requiring court documents showing I am the Guardian of my daughter's settlement money under title 13

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on
Answered on Feb 27, 2019
Mark Oakley's answer
If the tort settlement was $5,000 or less, then it was legal to simply write you that check as you described, and the account where the check was deposited should have been set up from the get-go as a trustee account for your child and naming you as trustee/guardian. There would be no other document or court order required. here is the relevand portion of the Estates and Trust Code:

§ 13-403. Appointment of trustee or guardian for minor.

(a) Payment by check to trustee - In...

Q: My husband hasn't forced my daughter to finish school (homeschool) she's 19 and I'm still paying child support.

2 Answers | Asked in Child Support for Maryland on
Answered on Feb 27, 2019
Mark Oakley's answer
No. Stop paying as of her 19th birthday, unless there is a specific agreement you signed that says you agree to pay longer. By law, a child is emancipated on her 18th birthday, but that time is delayed if she is still in full-time school until she completes her last year (typically May-June when she graduates 12th grade); however, the absolute cut-off is her 19th birthday if she is still in school through that date.

Q: I need to sign a contract with an IT staffing Company and I don't understand a clause in it?

2 Answers | Asked in Employment Law for Maryland on
Answered on Feb 20, 2019
Mark Oakley's answer
Why don’t you post the clause and ask for a lawyer to interpret it for you, or better yet, take the contract to a lawyer to review before you sign and bind yourself to terms you do not fully understand, or appreciate the implications they may have.

Q: What can i do if I purchase tags that were fictious and I wasn't aware,? I want to get an idea of what court may say.

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Feb 17, 2019
Mark Oakley's answer
You can only obtain legal tags from the MVA. You cannot purchase tags from a private party. There’s really no excuse or explanation for not knowing this. Anything you say will be simply unbelievable. The only thing is to get your car legally registered, bring proof to court, and say you will never do this again. Ask for a “probation before judgment” to avoid a conviction. Or hire a lawyer.

Q: If a Principal is violating Court Orders, can her POA violate them too on her behalf?

1 Answer | Asked in Contracts and Family Law for Maryland on
Answered on Feb 17, 2019
Mark Oakley's answer
The contempt is against the principal, not the agent, unless the principal is mentally incompetent.

Q: can I serve a show cause order via Facebook if I’m having problems serving the person in person and mail and the sherif

1 Answer | Asked in Family Law and Child Custody for Maryland on
Answered on Feb 17, 2019
Mark Oakley's answer
No. Pay $50-75 to have a private professional process server make service, and if the defendant continues to evade service, the process server will prepare an affidavit of the attempts to serve and reasons why they believe the defendant is deliberately avoiding service. Based on that affidavit, you can file a motion for alternative service, requesting a court order to allow service by first class mail and posting a copy on her door.

Q: What should avg fee for unsupervised probate estate value 1.1million. Will straight forward split even percents

2 Answers | Asked in Probate for District of Columbia on
Answered on Feb 20, 2019
Mark Oakley's answer
Lawyers charge for their time. Hourly rates vary, and you pay more for more experienced lawyers, but then, with more experience they are likely to know everything better and spend less time than a more inexperienced lawyer. Call around.

Q: My father, no will & my grandmother went before him, no will. There r only 3 blood relative my Aunt Amy brother and me

2 Answers | Asked in Family Law and Estate Planning for Maryland on
Answered on Feb 17, 2019
Mark Oakley's answer
So, assuming your aunt and father were brother and sister, they would have split your grandmother’s estate 50-50. Then, you and your brother split your father’s estate 50-50. Assuming your aunt is not married and has no children and no will, when she dies you and your brother split her estate 50-50.

Q: Will west virginia pick me up in maryland for a misdeamor warrant.

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 7, 2019
Mark Oakley's answer
West Virginia can transmit the warrant to Maryland and request that it be served by MD law enforcement, but they cannot come here on their own. Unless the warrant is for a serious crime, many times the warrant is simply entered into the national database and as soon as you are stopped anywhere for anything, such as a moving violation, and the warrant pops up, you'll be arrested and held on the WVA warrant while WVA is notified and given the opportunity to come get you (either because you waive...

Q: Was charged with a dui and I refused to take the test and the officer never read the dr15 nor my rights

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
You only need to be provided the opportunity to read the DR-15 before signing it, and that must happen before you refuse the breath test. Call a lawyer to discuss the details. There is a brief (10 day) deadline to request an MVA hearing on the test refusal to avoid suspension before the hearing can be held. You also have the DUI trial to deal with in addition to the immediate license issues.

Q: What actions can a tenant take against a landlord who has withheld test results that indicate mold in air duct unit?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
Pay for your own mold test. Then you’ll know and control the test results. Isn’t the point to clean the ducts? Let that happen.

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