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Questions Answered by Mark Oakley
2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... Read more »

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... Read more »

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: If a land parcel is owned by the same parties equally but a portion is held in a llc and other held as individuals.

Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?

Mark Oakley
Mark Oakley
answered on May 8, 2023

The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... Read more »

2 Answers | Asked in Personal Injury for Maryland on
Q: My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house.

My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house. We are willing to replace the dented siding but the owner is saying that we need to replace his entire siding because the new siding won't match the old siding. I have called for an... Read more »

Mark Oakley
Mark Oakley
answered on May 7, 2023

These types of unreasonable demands based on aesthetics often become impossible when the one party wants a whole replacement with brand new siding for their entire house based on one unmatched panel. They’re not entitled to that. Call your homeowners insurance company. It is very possible your... Read more »

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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
answered on May 7, 2023

In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I called the police station and made a possible threat. What can happen to me?

Deleted

Mark Oakley
Mark Oakley
answered on May 7, 2023

I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: A friend plead guilty in district court and was sentenced to 6 months in jail

Can they appeal the case to circuit court and be released from jail the same day how does this work can someone please answer this and help me so I can relay the message I was told the fee was 87 dollars and it takes effect same day so they are released never dealt with this

Mark Oakley
Mark Oakley
answered on May 4, 2023

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: My grandmother let me use my grandfather car because he no longer can drive and his car was safer and she said she feel

Better for me driving his car so I switched vehicles then month or so later she asked if I was going move my car out her driveway I told I needed order a tire everything was fine when tire came in immediately went over got my vehicle out her driveway and with no warning I learned after she had the... Read more »

Mark Oakley
Mark Oakley
answered on Apr 29, 2023

The District Court Commissioner is required to issue criminal charges if a person swears an oath regarding facts that if true would support the charge. The facts may later prove insufficient, or false. The State’s Attorney may review the charges and decide not to proceed, but generally you will... Read more »

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1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: how much should a contractor ask for a down payment on a roof replacement

This is only a small roof

Mark Oakley
Mark Oakley
answered on Apr 25, 2023

Assuming this is for a residence, this is a home improvement project. By Maryland law, a contractor on a home improvement contract must hold a license from the Maryland Home Improvement Commission (MHIC). The contract must comply with multiple legal requirements, among which is that a down... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: I want to be taken off a friend's will as executor, but she isn't cooperating. What recourse do I have?
Mark Oakley
Mark Oakley
answered on Apr 23, 2023

You have no control over what someone puts in their will. However, anyone can decline to accept appointment as an executor. Just because someone names you their executor does not mean that you have to accept it. If you refuse the honor, someone else may petition to be appointed or the court will... Read more »

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2 Answers | Asked in Contracts and Construction Law for Maryland on
Q: I am an unlicensed contractor, my client new this and that is why she asked me to do this project on her home. She kept

Changing orders and now is refusing my pay the change orders and will not let me proceed. She wants to file through the courts because she does not want to pay for the changes. Can I be liable because she knew I was not licensed?

Mark Oakley
Mark Oakley
answered on Apr 20, 2023

She can file a complaint with the Maryland Home Improvement Commission, which may take the case to the local prosecutor's office (in the county where the work was performed) and have charges filed against you for performing a home improvement without a license, a crime that carries possible... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?

Mark Oakley
Mark Oakley
answered on Apr 5, 2023

Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if... Read more »

1 Answer | Asked in Foreclosure for Maryland on
Q: Just found out the house I’m living in is going through foreclosure am I a bona fid tenant

I have been living with my grandma the house is in her husband name no blood to me at all I found out he has been taking my half but not paying his and the mortgage will I still be a bona fid tenant after it sells will I get a 90 day notice to leave still because he is not blood related to me and... Read more »

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

Unless you have a formal written lease and live in a separate unit with its own entrance in the property, you will not likely be treated as anything other than a member of the owner’s extended family. Regardless, you have a lot more than 90 days if the house has not yet been sold at a foreclosure... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... Read more »

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, my tenant is asking me to hang a large mirror that was left inside of the property. I would rather remove it due

to not wanting to be liable if something were to happen. However, they really want the mirror to be hung. How can i go about this so that i am not liable?

Mark Oakley
Mark Oakley
answered on Mar 31, 2023

If you own the mirror, or because it was abandoned by the prior tenant you may claim ownership, then it's yours to do as you please: retrieve and dispose of it, sell it, or give it away. If you give it to your new tenant, then you should make clear you are giving ownership of it to them, and... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?

This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2023

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... Read more »

1 Answer | Asked in Collections and Probate for Maryland on
Q: How long can creditors make claims on a decedent's estate? All notices were given and the estate closed in Dec 2022.

The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?

Mark Oakley
Mark Oakley
answered on Mar 29, 2023

If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Aunt passed away and left entire estate to the nieces and nephews of 2 of her 3 siblings.

The 2 siblings (parents of the beneficiaries) pre-deceased her. Her 3rd sibling is still living (her sister). She did not leave anything to her 3rd sibling (her sister) or her children.

The children of her living sister are threatening to contest the will. Can the nieces and nephews of... Read more »

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The children of the living sibling of the decedent do not have standing to contest the will because they would not receive any part of the estate even if they prevailed--only their mother would if the will were set aside.

If the living sibling granted a power of attorney naming someone...
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