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Questions Answered by Mark Oakley
1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley answered on May 7, 2021

The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I'm exiting a highway with traffic behind and the lights have stopped before I overtake do I have a shot contesting?

The bus was stopped in traffic with vehicles in front and behind. I was turning to exit off 140 as were a sting of other vehicles. As we approached the end of the intersection we came upon traffic which had a bus in the middle with it's lights on. The vehicle in front of me? They absolutely... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2021

Depends. Haven’t seen the video. If and when I do, I can give you an opinion. Ultimately, however, it will be what the judge thinks the video shows.

1 Answer | Asked in Small Claims for Maryland on
Q: How can I file a lawsuit against ADP for gross negligence?

For 10 months I've needed my W2/C for 2019. State tax information is wrong. 10 months and ADP keeps saying they're working on it. My employer is also responsible as well.

Mark Oakley
Mark Oakley answered on May 6, 2021

The IRS requires employers to file a Form W-2 for each employee by February 1 following each tax year. If an employer fails to send out on time, the IRS may fine the employer $50, plus penalties for improperly filing a W-2, such as providing incorrect information on the form. You may report your... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: Was pulled over after a call of dui. Was parking and hit the car in front of me trying to fit in the parking space. Cops

Came and reached in my car to turn it off, did the HGN and arrested me. I am almost deaf so I didnt understand what they were saying with their masks on. They say I had slurred speech and a faint smell of alcohol on my breath. No breathalyzer test and they say I refused 2 and 1/2 hours after my... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2021

Depending on more details, and to the extent you can prove the 2-1/2 hours and are measuring it correctly from the point the clock starts to run, and opposing contentions as testified to or documented by the police officers (and their body cams), you may have several defenses. However, it is not... Read more »

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1 Answer | Asked in Sexual Harassment for Maryland on
Q: What do i do if my girlfriend is getting sexually harassed by her ex
Mark Oakley
Mark Oakley answered on May 6, 2021

You are not the one suffering damages or wrongs in this scenario; you're girlfriend is. Therefore, it is up to your girlfriend to take action. If her ex-boyfriend's behavior is criminal, she can file criminal charges. If his behavior otherwise meets the definition of harassment,... Read more »

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley answered on May 6, 2021

Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an... Read more »

1 Answer | Asked in Banking for Maryland on
Q: Advice for answer to Bank Law Suit.

Defaulted on unsecured credit card and LOC payments .

Bank filed a Law-suit, and Court has given 30 days (04/13/21 received on 4/29/21) for Pleading or Motion.

Fines and penalties aside, the Bank’s claim is right. But I have no money or personal things, to pay. I live and survive... Read more »

Mark Oakley
Mark Oakley answered on May 4, 2021

I’d be concerned if you owned real property in your sole name, but other than that, you sound judgment proof. If you do own a home, and it’s tiled as tenants by the entirety with your wife, then that property is safe. They can’t attach SSI with a garnishment even if it was your SSI, but they... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I got people saying telling others that I’m watching kids when I’m bmxing in a public park

A guy that doesn’t like me had his wife make a Facebook post about me saying I’m always up at the park hanging out and talking to little kids. And being a creep by bmxing at the park. What can I do to have them stop with this cause I have already been threatened

Mark Oakley
Mark Oakley answered on May 4, 2021

If the latest incident of theirs occurred within 30 days, you can file for a peace order in the District or Circuit Court based on harassment (a persistent pattern of unwanted contact intended to seriously annoy another), but the specific actions may or may not meet the legal standard for... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a retake warrant be lifted
Mark Oakley
Mark Oakley answered on May 4, 2021

Generally speaking, no. Once issued, only the Parole Commission may recall it, but the decision to issue it in the first place has already been made based on a detailed application by the PO and a review by the Commission, so what happens next is the retake warrant is served and the parolee is... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: my mother has no living will. can one of my siblings sell the home and inherite the money without recourse.

younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.

Mark Oakley
Mark Oakley answered on May 4, 2021

If your mother is mentally competent and the terms of the will and power of attorney express her intentions, then your mother is free to do as she pleases with her assets as well as grant anyone she elects to act on her behalf during her lifetime to carry out decisions for her benefit or as she... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: I pay child support for twins in MD. Already 18, graduating in June. Do I just stop paying or also need to go to court?

Do I need to go to court or do anything else, other then just stop paying? Also, in case that matters, I have been sending the child support payments, as opposed to it being deducted from my pay...

Mark Oakley
Mark Oakley answered on May 4, 2021

You just stop paying. No court order is required. Support is due through completion of the requirements for graduation, not the graduation ceremony itself. Therefore, if they have met all requirements (completed school) by the end of May, and are out of school until the graduation ceremony in... Read more »

3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Mark Oakley
Mark Oakley answered on May 3, 2021

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

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1 Answer | Asked in Uncategorized for Maryland on
Q: Hello Lawyers, I recently bought a house in 2019 and closed with FHA docs. My servicer now says I have a Conv.

I did not refinance to get the conventional. I paid UFMIP an MIP in my monthly payments which is required for FHA, yet I have a conventional. None of my closing documents or Deed of Trust state that I have a conventional loan, only FHA. Shouldn't I have received a revised closing disclosure... Read more »

Mark Oakley
Mark Oakley answered on Apr 29, 2021

Did you suffer any monetary damages? Are you out of pocket or will be out of pocket for extra payments you did not know about or agree to? If the payment terms are all the same, and there is no financial loss to you, then you have no basis to pursue a claim for compensation. It is possible that... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: How can I win my custody case if the people who were given temp custody are claiming to be defacto parents
Mark Oakley
Mark Oakley answered on Apr 25, 2021

Prove you are the biological parent, and allege and be prepared to prove that you are a fit and proper person to have custody of your child. There is a very strong presumption that a child belongs with his or her biological parent, absent proof that the parent is a danger to the health or safety... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How does an appeal work if you lose a jury trial?

I know you cannot appeal simply because you don’t like the outcome but how does an appeal work if the facts weren’t all the way clear in trial and the jury does not believe the defense?

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You have 10 days to file for a new trial or to alter or amend the judgment, and 30 days to note an appeal (if you file a timely 10 day motion, then the appeal time does not start running until after the court rules on the 10 day motion). Grounds for appeal specific to what happened in your case,... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: I have a joint account with my father, he is requiring nursing home stay, can they deplete the account?

I was just informed that the c0-pay for the nursing home will be $170 per day. We have about $8000 in the account. Can they take all the money in the account?

Mark Oakley
Mark Oakley answered on Apr 22, 2021

Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... Read more »

Mark Oakley
Mark Oakley answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My neighbors tree fell and crushed my girlfriend's car its totaled. We need a new car. We have their insurance info

Our cars totaled and insurance isent going to cover it

Mark Oakley
Mark Oakley answered on Apr 22, 2021

Ordinarily, when a property owner's tree falls onto a neighboring property, there is no liability on the part of the property owner whose tree fell. The only exception is if the owner of the property whose tree fell knew, or should have known, that their tree was in imminent danger of falling... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Is it considered trespassing by a dog owner that repeatedly allows pet to urinate/defecate on private property?
Mark Oakley
Mark Oakley answered on Apr 21, 2021

There are leash laws, and laws requiring pet owners clean up after their dog. These are usually county or municipal infractions under local code. So, if you witness the incident and can identify the pet owner, you can report it to the police or local Animal Control. As far as trespassing, you... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: I received a PBJ for a DWI back in 2019. The PBJ has been stricken as of April 2021 and I received points on my license.

I received 8 points on my license, is that enough to suspend my license and the violation was from 2 years ago so shouldn’t some of the points go away by now?

Mark Oakley
Mark Oakley answered on Apr 20, 2021

Points are assessed from the date of the original violation, so if it has been 2 years since you were stopped for the DUI, the points will no longer be current points (they will show with an asterisk on your driving record, but would not be included in any current point total). However, the MVA... Read more »

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