Questions Answered by Mark Oakley

Q: Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?

2 Answers | Asked in Traffic Tickets for Maryland on
Answered on Jan 15, 2019
Mark Oakley's answer
Always request a trial. If the officer does not show, you will be found not guilty. You can always change your plea to guilty if the officer shows and has the certified calibration records for the radar/lizar device used to clock your speed (those records are needed to prove the device was functioning properly with accurate results). This is a 5 point offense, and will trigger an MVA point system conference if convicted, plus of course your insurance rates will jump up if not result in...

Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

1 Answer | Asked in Criminal Law and Constitutional Law for Maryland on
Answered on Jan 12, 2019
Mark Oakley's answer
Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.

Q: In the state of Maryland in 2013 was 1st-degree burglary a violent crime? And has it changed

1 Answer | Asked in Criminal Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
Yes, it's been defined that way since at least 1999.

Q: what is the proper written code for a quit claim deed from father to daughter for tax exemptions

1 Answer | Asked in Land Use & Zoning for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article, Section 13-207, and the provision having to do with exempt transfers between a parent and a child is found in Section 12-108(c)--but the latter exemption only applies to the portion of any principal...

Q: I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and Professions Article, under Title 17 of that Article.

17-323(d) provides:

(1) On completion, an investigation shall be referred directly to the Commission or its designee.

(2) If the Commission or...

Q: My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent adjustment, and to confirm how the lease is automatically renewed and how you can get out of the lease before it is automatically renewed. Without reading the lease, it is impossible to advise you accurately, but...

Q: I am trying to do my own divorce as not working. Can you tell me the steps and ESPECIALLY FORMS I need to complete?

1 Answer | Asked in Divorce for Maryland on
Answered on Jan 4, 2019
Mark Oakley's answer
Baltimore County Circuit Court has a self-help office for persons filing their own divorce. Go tho this website and follow the instructions: https://www.baltimorecountymd.gov/Agencies/circuit/family/prose.html

Q: What is my liability?

1 Answer | Asked in Animal / Dog Law for Maryland on
Answered on Jan 4, 2019
Mark Oakley's answer
There are two issues here. The first is whether your neighbor calls the local Animal Control office and files a dangerous dog report, which could trigger a review on whether your dog is too dangerous to be kept (and risk euthanasia). More likely, you as the owner would simply be cited for the dog running loose, as opposed to your dog being put down. However, a finding of aggressive behavior once can be used to put the dog down should a second aggressive incident be charged and found to have...

Q: does a patient have to be self pay for an accident at a store?

2 Answers | Asked in Personal Injury for Maryland on
Answered on Jan 4, 2019
Mark Oakley's answer
No, this is not accurate. However, if your mother has Medicare, and if the store has a med-pay policy (most business casualty policies have a $5,000 no-fault medical bill coverage benefit that pays without regard to whether the store is liable or not), then Medicare may decline to cover the treatment until the med-pay policy is exhausted, and this could be the reason the doctors are saying this. If your mother's fall was the result of the store's negligence -- such as a spill, debris, cracked...

Q: I am starting my own business. I came up with the name in 2008, but there's a 2017 tv show with the same name...

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Maryland on
Answered on Jan 2, 2019
Mark Oakley's answer
As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is impossible to be more specific, so meet with an intellectual property lawyer to be sure. The fact that you “came up with” the name 10 years ago but never used it does not help you.

Q: How do I know how much to agree to pay an attorney. Is there a written contract?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Dec 31, 2018
Mark Oakley's answer
The lawyer will yell you, and yes, there is ordinarily a written retainer or flat fee agreement. If the lawyer does not give you one in writing, ask for one. Lawyers charge differently—each has his/her own rates. Fees depend on the complexity/seriousness of the charge, and on the experience of the lawyer. Most lawyers charge within a fairly common range for most cases. Talk to two or three layers and get quotes before deciding on the lawyer with whom you feel most comfortable.

Q: Need help getting my 21 yr. old daughter access to her title 13 bank account established for her as a minor.

1 Answer | Asked in Personal Injury for Maryland on
Answered on Dec 28, 2018
Mark Oakley's answer
Maryland Estates & Trusts Code, Sections 13-405(a) (applicable to funds recovered in personal injury/tort claims) and 13-501(b) (applicable in all other scenarios), both provide that full payment may be made to the minor child upon attainment of 18 years of age, without a court order. A court order is only required if funds are paid before the child reached 18 years of age. You may look up the two statutes and print them out and show them to the bank, and demand that the bank contact their...

Q: Is tailgating legal in the state of Maryland?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Maryland on
Answered on Dec 27, 2018
Mark Oakley's answer
Following too closely behind another vehicle is a violation of the vehicle code and may be cited by an officer if it appears the conduct is unsafe under the traffic conditions and circumstances.

Q: I paid a contractor for home repair services and he declared bankruptcy. What laws do I cite in an MHIC hearing?

1 Answer | Asked in Consumer Law, Contracts and Business Law for Maryland on
Answered on Dec 27, 2018
Mark Oakley's answer
You really need to talk to a lawyer. Your question is too broad and general to allow an answer in the space available. I assume you have made a claim against the Guaranty Fund. You need to prove your monetary damages using one of the three formulas allowed under the statute and regulations, and must present proper evidence to prove the claim. That’s what you need help with. The laws and regulations that pertain to the contractor‘s performance are fairly straight forward and well known to...

Q: My father and mother died three months apart. I am the sole heir and my name has been on all accounts for years.

1 Answer | Asked in Probate for Maryland on
Answered on Dec 26, 2018
Mark Oakley's answer
Call the Register of Wills in the county where your father resided at the time of his death. You will have to open a small estate, file his original will, and be issued Letters of Administration to act as Personal Representative of his estate. You can then execute checks, documents, etc. and receive assets of his for distribution.

Q: My husband was the sole earner in our family but he was killed in a car crash. Will a wrongful death settlement cover

3 Answers | Asked in Wrongful Death for Maryland on
Answered on Dec 26, 2018
Mark Oakley's answer
Future earnings are just one type of damage you can claim. However, how much you can recover will depend on the insurance coverages available as well as the defendant’s assets. Call a lawyer to discuss thecaim.

Q: Is code TA-16-101(A1) A JAILABLE OFFENSE

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 23, 2018
Mark Oakley's answer
Yes, up to 60 days. Hire a lawyer and get the charge dropped or amended down to a non-jailable offense, which will avoid the VOP. Be aware, failure to notify your PO of the new charge will be a VOP all by itself.

Q: Re-opening a stet (I know I can file for early expungement, but I feel like this never works)

1 Answer | Asked in Criminal Law and Sexual Harassment for Maryland on
Answered on Dec 20, 2018
Mark Oakley's answer
Do not just file to set the case in for trial. Hire a lawyer to contact the SA to remove the case solely for the purpose of entering a nolle prosequi.

Q: when if i can have a DUI expunged from my record?

2 Answers | Asked in DUI / DWI for Maryland on
Answered on Dec 20, 2018
Mark Oakley's answer
Unless you were found not guilty after trial, or the case was dismissed, then you can never get a DUI charge expunged, even if you received a probation before judgment disposition (meaning the judge still put you on probation but did not enter the conviction). It is one offense the statute specifically excepts from being expunged.

Q: can the guardian of a living disabled adult (senior citizen) re-write a properly executed will?

1 Answer | Asked in Civil Rights and Estate Planning for Maryland on
Answered on Dec 19, 2018
Mark Oakley's answer
No. But a guardian may be able to make other estate planning decisions, including establishing a trust in the name of their ward and funding it, with distribution of the trust assets upon death being set forth in the trust. You should not do anything without first consulting with experienced estate planning counsel, as guardians owe fiduciary duties to their ward and can run afoul of both civil and criminal statutes if they do not act solely in the best interest of their ward.

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