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Questions Answered by Mark Oakley
1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What are some things that judges take into consideration when deciding to give a defendant bail on criminal charges?
Mark Oakley
Mark Oakley answered on Nov 28, 2020

Seriousness if the crime, whether it was a violent crime, if the crime was only a property crime or drug crime or a crime directed against a person, whether a weapon was used, if there were victims who suffered injuries, the defendant’s past criminal history, the strength of the evidence against... Read more »

1 Answer | Asked in Probate for Maryland on
Q: My brother was killed by his wife, last year my father passed without a will. My stepmother is the executor, what happen

To the share owed to my brother. It was a 50/50 split between us and my stepmother

Mark Oakley
Mark Oakley answered on Nov 28, 2020

Your stepmother is entitled to the first $40,000 and then 50% of the remaining balance of your father’s estate if she and your father were still married when he died. The other 50% would go to you alone if you are the only living child of your father AND your deceased brother has no living... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Is there a specific amount of time the State's Attorney can withhold evidence from the defendant?
Mark Oakley
Mark Oakley answered on Nov 28, 2020

The prosecutor has mandatory disclosure requirements without even being requested under the procedural rules, and then the defendant has the right to request other discovery under the rules. Both have time requirements for production of evidence. Any disclosures after those time deadlines are late,... Read more »

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2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

If the first case was tried in the District Court, then under the law the losing party can appeal and get a brand new trial in the Circuit Court before a Circuit Court Judge, and obtain a different result that replaces whatever happened in District Court. If the petition was started in Circuit... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Must a driver "signal his intentions" to change travel lanes on any road in Maryland? Please quote code or statute.

Is a driver required to properly signal (using hand or electrical signals) a lane change on a multilane roadway in MD? The MD transportation code seems to be vague on this point.

Mark Oakley
Mark Oakley answered on Nov 27, 2020

I imagine you were cited under MD Traffic Code 21-604, and if so, you have a reasonably good argument in defense that it does not apply. It’s a bit ambiguous and the ambiguity has to do with the word “turn” but because there is a separate paragraph that permits, but does not require, use of a... Read more »

2 Answers | Asked in Animal / Dog Law for Maryland on
Q: A bf and gf live together. Gf adopted cat and gave to bf as a surprise Xmas present. Now break up. Who keeps the cat?

Bf cleans litterbox most often, buys the food often, and feeds the cat most often. In Maryland. Gf moving to out of country.

Mark Oakley
Mark Oakley answered on Nov 28, 2020

An unconditional gift is a gift, and that’s your answer, so if the bf can prove it was a gift, then he wins in court. If it’s a he-said she-said scenario, and both are equally credible or there’s no way a judge can decide who’s right, then bf loses. There is another complication: pet... Read more »

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1 Answer | Asked in Civil Rights and Military Law for Maryland on
Q: What are the laws governing private militias in MD?

I found many references to "Private and unauthorized Militias" but cannot find any definitions.

There are many Militias operating nationwide, but I cannot find any laws concerning their legality in the state of MD.

Mark Oakley
Mark Oakley answered on Nov 24, 2020

Maryland Public Safety Code, Title 13. Militia.

The full act and statutes can be accessed here:...
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1 Answer | Asked in Consumer Law for Maryland on
Q: The warehouse manager tried to push a 150 pound table off the loading bay. on my wife and threw the?receipt in her face.

What are my options

Mark Oakley
Mark Oakley answered on Nov 24, 2020

"Tried to ...." Unless your wife suffered physical injuries, then she has no claim.

2 Answers | Asked in Estate Planning for Maryland on
Q: My husband died with no will, he was left most everything from his mother, if she passes do I his spouse receive it?

He has 2 grown daughters, and the will does not specify anything. I am in Maryland

Mark Oakley
Mark Oakley answered on Nov 19, 2020

No, unless his mother’s will names you specifically, or names his estate as the beneficiary in the event he is not alive. Otherwise, if your husband the sole residuary heir named under the Will, then his mother’s Will will be interpreted as intending to distribute her estate to your husbands... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Looking to obtain any advice on how to handle a largely complicated traffic matter that has accumulated over 20 years.

I've never held a MD driver's license. However, my license has been "suspended" since 2000. As a result I have $1300 in fines and 8 points. But have never had a license....

I was cited for driving on suspended 01/17/2020. Scheduled for hearing 12/28/2020 due to covid... Read more »

Mark Oakley
Mark Oakley answered on Nov 19, 2020

Points only stay active on your driving record for two years from the date of the violation. The MVA sends a notice of suspension or revocation based on point accumulation within any two-year period of 8, 12 or more points, or conviction of certain serious traffic offenses (like DUI). Unless you... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: In Maryland, does estate need to go into probate for a $250,000 house that had deceased mom's name on the deed?

I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »

Mark Oakley
Mark Oakley answered on Nov 18, 2020

Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My exwife' sincome increased by $43K from the previous year. Do I have a case to have my child support revised?

Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.

Mark Oakley
Mark Oakley answered on Nov 16, 2020

Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a Maryland pbj be expunged after the probation if the probation is only a year with no violations?
Mark Oakley
Mark Oakley answered on Nov 16, 2020

The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Can a lawyer put a lein on a settlement after he had been fired for not doing hes job and settling the case i did it

I had to go get medical bills, dr.reports, and contact the insurance company myself they tried for almost a year to settle case that being the insurance company but they could not get nothing from this worthless lawyer.

Mark Oakley
Mark Oakley answered on Nov 12, 2020

By statute, a lawyer has a lien for the reasonable time and costs expended on a personal injury claim. That lien will be enforceable against the insurance company, another lawyer who settles the case, and against the client who receives proceeds. The amount of the lien may be challenged. The lawyer... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: if a syringe is found on my person, but never used..is that still considered as administering equipment

a traiffic stop and pulled over said they found and empty capsule and vile as well as a never used before needle

Mark Oakley
Mark Oakley answered on Nov 12, 2020

None of these items alone are illegal. There must be some basis to connect them to illegal drug use. Usually these offenses are supported by evidence of illegal drug residue or proximity to drugs. Chemical analysis is required to prove the residue or alleged drug substance is in fact illegal drugs.... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Are Denton md courts giving jail time for driving without a license and speeding during this epidemic?

This is the 3rd offense on 2 years

Mark Oakley
Mark Oakley answered on Nov 12, 2020

Any judge in any county might do so, if that seems to be the only way you’ll get the message and stop driving without a license. The prior two convictions and sentences didn’t send the message. A judge will have to seriously consider that you will not get the message this time either. It’s... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: In a civil conspiracy lawsuit, does the statute of limitations begin when the conspiracy occurred

Or when the victim discovered it had happened?

Mark Oakley
Mark Oakley answered on Nov 11, 2020

The later of: (1) date the plaintiff suffered harm or damage; or (2) the date the plaintiff discovered, or should have discovered in the exercise or ordinary diligence, that they suffered harm or damage. A civil conspiracy is a combination of two or more persons by an agreement or understanding to... Read more »

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Maryland on
Q: Hi I found an abandone puppy over 1 month ago no tags or nothing can they claim him after this long after being abandon

They abandone la his puppy for over 1 month and sudden they want the puppy back what should I do after I spend in vet care meds food and Carr for this puppy and no one claimed him this long

Mark Oakley
Mark Oakley answered on Nov 11, 2020

The person claiming property was abandoned has the burden of proof to present evidence of abandonment and persuade the judge of that fact. Just because you find a puppy or any other item does not mean it was abandoned. It may have been mislaid, lost, or neglectfully left on its own, without any... Read more »

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