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Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law for Maryland on
Q: I have a felony hand charge and have been asked to submit my dna in maryland is this legal
Mark Oakley
Mark Oakley
answered on Mar 12, 2023

If the police have a warrant to obtain DNA, yes, and after you’ve been charged and arraigned, they can request a DNA sample as part of the discovery rules. Discuss this with your lawyer, or if you do not have one, get one.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Does PG County Police need to have authorization on file to enforce moving violation while posted on private property?
Mark Oakley
Mark Oakley
answered on Mar 10, 2023

Once upon a time, the traffic code only applied on public highways and streets maintained by the state or local governments. I won a lot of traffic cases for clients defending under this restriction, including a lot of probable cause stops for DUI based on not moving violations within apartment... View More

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1 Answer | Asked in Family Law and Divorce for Maryland on
Q: I live in MD and have been separated from my husband for seven years with no contact. Can I file for alimony?

I'm facing homelessness in 2 months. I don't have a car and can't get a job without one. I severely broke my ankle in 2016 and had complications after my first surgery that led to a second surgery. Complications have continued and limit me to not being able to be on my feet for more... View More

Mark Oakley
Mark Oakley
answered on Mar 9, 2023

"Can" you file for alimony? Yes. Will a court award you alimony? Not enough facts to evaluate that claim. 7 years separation with no contact will not help, but is not determinative. Length of marriage prior to separation, total length of marriage including period of separation,... View More

1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: I’m making a YouTube video talking about what my ex did to me in our relationship. Not using his name, could I get sued?

Could o be sued for defamation of character even tho I’m not using his name in my videos?

Mark Oakley
Mark Oakley
answered on Mar 8, 2023

(1) Truth is a complete defense to a suit for defamation/libel. Revealing private medial or health information about someone, or their SSN or other private personal information, may give rise to a invasion of privacy or harassment claim, even if the statements are true.

(2) Defamatory...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Can my son be placed on 60 days lock up for something while incarcerated and then be charged with the same offense when

My son received 60 days on lock up while incarcerated, for CON POSS/REC CDS WH CONF/DET. Once he is released can they charge him for the same thing, formally.

Mark Oakley
Mark Oakley
answered on Mar 6, 2023

Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: inquired to get Drivers License and was told I had ticket/wreck in NJ despite never being in NJ & not drivng in 10 yrs

How do I clear this up? My mom stopped driving so I have get DL asap

Mark Oakley
Mark Oakley
answered on Mar 4, 2023

You’ll need a NJ lawyer to clear a NJ ticket.

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1 Answer | Asked in Elder Law for Maryland on
Q: My father in-law is an inpatient at a hospital. He is unable to care for himself. His wife is no longer capable

Of caring for him. He refuses to take his medication. His family has refused to bring him home. But the doctor for the social service department says that "he is fine to go home and we can't be responsible for stupid mistakes that people sometimes make." Meaning that it is a stupid... View More

Mark Oakley
Mark Oakley
answered on Mar 4, 2023

What you do not state is whether your father is mentally competent to make his own decisions, from a legal standpoint. The fact that "social services" (you do not name the government department by name, so it is unclear whom, exactly, you are referencing) deems him competent to go home... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Need to find the conditions of a stet in allegany county maryland.

3 cases same defendant. I already looked up cases, they are closed, but I need the conditions for the stet. Need someone to find the conditions and relay them to me.

Mark Oakley
Mark Oakley
answered on Mar 3, 2023

You won't find them online, and most likely not in the court file back when paper records were kept. Any conditions would have been stated orally on the record, and recored by the defendant's attorney in their private client file and by the prosecutor in the State's file. If the... View More

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2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My 2nd home is in Maryland. My 2 kids live there. My will gives it to them equally but can they live there thru probate?
Mark Oakley
Mark Oakley
answered on Mar 4, 2023

Yes, they can live there through probate, so long as the PR permits it (or the Will directs that they may). Are the contents of the house also going to the two children in the home, or are other persons receiving some of those contents? Until the house is distributed by deed to your two children,... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Maryland on
Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... View More

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1 Answer | Asked in Consumer Law for Maryland on
Q: Just recently my furnace and water heater would not stay on. I called the company that installed the furnace.

After several visits and over $2500 spent on what they said was wrong, it was just a $179 thermostat that was bad. What are my options?

Mark Oakley
Mark Oakley
answered on Feb 28, 2023

(1) File a complaint with the Maryland AG's Office of Consumer Protection; https://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx

(2) File a complaint with the MD Dept. of Labor, which licenses HVAC companies and has a complaint process;...
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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: what does Title 4d motion/request genetic testing results mean?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Either parent in a custody/child support case can request paternity DNA testing to prove whether the alleged father is in fact the father of the child. This motion and request is how that is done.

2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Mark Oakley
Mark Oakley
answered on Feb 26, 2023

Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More

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1 Answer | Asked in Divorce for Maryland on
Q: I'm going through a divorce & I just discovered that my wife for the first 8years of the marriage she committed fraud

We got married in 2004 & unbeknownst to me we were living in section 8 housing & she was using her maiden name to obtain benefits

Mark Oakley
Mark Oakley
answered on Feb 25, 2023

You need to be careful about how you use or report this information. You benefited financially from this fraud, by way of subsidized housing. How do you explain having such low housing expense all those years, without knowing the reason for it? If you received a benefit you were not entitled to,... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: if a person is evicted from a property can they return with out the property owners permission
Mark Oakley
Mark Oakley
answered on Feb 23, 2023

If they were evicted by court process, with service of a writ of possession by the Sheriff, then their return is trespassing, and you should file criminal charges (assuming you are the landlord with the writ of possession issued to you after prevailing in the eviction action). Ordinarily, upon... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: What should I do if a company gave me a fake bill and neither the police nor the company offered any assistance?
Mark Oakley
Mark Oakley
answered on Feb 23, 2023

If someone gives you a "fake bill" ... don't pay it. It's fake. Unless you're not telling all the facts. Impossible to know what is going on. Let the company sue you if you dispute the alleged charge, and then a judge can decide whether the bill is fake or not and whether you owe any money.

2 Answers | Asked in Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Mark Oakley
Mark Oakley
answered on Feb 23, 2023

Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Obviously, hire a lawyer and deal with the warrant first, then the VOP can be addressed.

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1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I break my lease due to anxiety and depression??

My bedroom ceiling began caving in one night while I was asleep in bed. The proper management company did come and replace the entire ceiling in my bedroom however I haven’t slept in my bed due to the constant fear of it caving in. This has caused me sleep deprivation, which is worsening my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the...
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