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Questions Answered by Mark Oakley
1 Answer | Asked in Family Law and Divorce for Maryland on
Q: Can a Non-modifiable alimony agreement be changed?
Mark Oakley
Mark Oakley
answered on Feb 17, 2023

By a court, no:

Family Law Code 8-103:

(b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states...
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2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

Mark Oakley
Mark Oakley
answered on Feb 17, 2023

I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of me getting jail time for theft of $50,000?

I have an Arraignment Hearing next week & I am being accused of embezzlement of $50,000 I have never committed a crime this is my first offense. I live in Maryland. I wanted to know what’s the likely hood I will go to jail? & if I go to jail is it like a minimum security prison or is it... View More

Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I ordered and put down a deposit on a 2022 Ford Maverick. The dealership just sold the vehicle out from under me.
Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Read your contract. The fine print. Did they promise you a specific vehicle by VIN#? Does the contract say they may get you an equivalent vehicle and may choose to sell the specified car to someone else? Does the contract say your sole remedy is return of your deposit or acceptance of a similar... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is ta 21-1001(b) moving violation in Maryland?

I left my car running and entered to buy a coffee. When I returned an officer cited me for leaving my car running. I just want to know if I could just pay the fine$60, if it is not a moving violation. Thanks

Mark Oakley
Mark Oakley
answered on Feb 13, 2023

The violation you describe is 21-1101, not 21-1001 (which is a similar offense but without the engine running), and it carries 1 point in addition to the fine, so if charged under this section, you should request a trial (not a waiver hearing); however, if the officer made a mistake and charged you... View More

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1 Answer | Asked in Civil Rights, Appeals / Appellate Law, Domestic Violence and Libel & Slander for Maryland on
Q: I had someone who FALSELY filed a Peace order on me back in 2019. Can I still get a transcript and legal action.

In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My work place threw away my $800 bike without proper notice how do I get what it's worth if they're resisting?

All of the bikes on the rack in our parking garage were thrown away, multiple other employees (including supervisors and some dept managers) were not aware. We found out after the fact that only the condo owners were sent an email to get their bikes if they don't want them thrown out. The bike... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

Claims not exceeding $5,000 in value may be filed in District Court as a Small Claims matter. The District Court complaint form is available as a fillable PDF document on the court's website, or a paper version can be obtained from the clerk's office. The rules of evidence do not apply... View More

2 Answers | Asked in Social Security for Maryland on
Q: Hello,How do I get a document regarding the exact diagnosis SSA is using for my Spouse's disability?

How do I go about getting the exact diagnosis that Social Security has used to declare her disabled? Is there a specific government form I can use? I need to justify her physical disability for the private insurance company. This will extend her private coverage for additional years beyond mental... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

First, in order for you to request your wife's SSDI records and any medical records, you will need her to sign a HIPAA compliant authorization designating you to make such a request on her behalf, or you must have an appropriate power of attorney executed by her naming you as her agent to do... View More

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2 Answers | Asked in Collections for Maryland on
Q: Can a debt collection agency collect a debt for a 40 year old traffic ticket issued by the state of Maryland?

This ticket was paid but I have no proof as it was 40 years ago

Mark Oakley
Mark Oakley
answered on Feb 9, 2023

Pursuant to Courts & Judicial (CJ) Proceedings Code, 5-107, "a prosecution or suit for a fine, penalty, or forfeiture shall be instituted within one year after the offense was committed."

Under CJ 7-505, "Unpaid and undischarged fines and unpaid costs may be levied,...
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2 Answers | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: Who is at fault for an accident at intersection?

If both ways have green lights and no arrows. A driver turning left from one side, another turning right from the other, so both heading to the same spot. If they collide and the driver turning right did nothing to avoid, but driver turning left didn’t yield properly, who’s at fault? Does... View More

Mark Oakley
Mark Oakley
answered on Feb 8, 2023

The vehicle turning left in your scenario must yield the right of way to the vehicle coming in the opposite direction and making the right turn. The vehicle making the left turn is at fault for the accident.

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1 Answer | Asked in Family Law for Maryland on
Q: Can I get my fathers name removed from my birth certificate at 16 years old?

My father was abusive and had 50% 50% custody if me and my siblings. I havent seen him in about 5 years and I want to remove his name.

Mark Oakley
Mark Oakley
answered on Feb 8, 2023

No. By law, "If the child's mother was married at the time of either the conception or birth or between conception and birth, the name of the mother's spouse shall be entered on the certificate as the child's other parent." If the mother was unmarried at any of these... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How do you obtain a statewide ministerial license in Maryland and Virginia? is one required in both states?
Mark Oakley
Mark Oakley
answered on Feb 7, 2023

There are many providers of minister/clergy licenses where you can get "ordained" in a day or less. Maryland does not have a formal set of laws or regulations about this, beyond the general provision of Family Law Code 2-406(a) for performing marriages: "A marriage ceremony may be... View More

2 Answers | Asked in Contracts for Maryland on
Q: What’s the law about the earnest money deposit disbursements when the loan is denied in Maryland?

Thanks Mark! Is there a statute law in Maryland about the financial contingency? Is it possible to waive the financial contingency though the buyer need to get a mortgage to complete the contract?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

It depends on the contract, whether you signed a financing contingency, whether you as the borrower failed to follow through in good faith with the loan application process, etc. Ordinarily, with a financing contingency, if the buyer fails to qualify for a mortgage per the contract terms, then the... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: I am a beneficiary of a trust. Am I entitled to know the sources of my inheritance and what other beneficiaries receive

I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

You are entitled to a copy of the trust and an annual accounting of the transactions and investment experience of the assets of the trust.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Maryland on
Q: How should we proceed with the search that looks like was unlawful and a violation of rights.

My son which is a black 21 year old male was recently arrested in Ocean City MD over the weekend 12/31/22 for what we can only see as him being profiled but we live in Virginia. He was told by the police officer that pulled him over that his license plates didn't match his car and that he... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... View More

1 Answer | Asked in Family Law and Juvenile Law for Maryland on
Q: Is it illegal for my former step mother to pose as my biological mother(legal guardian) in order to get medical info

My former step mom has done this on multiple occasions since my dad divorced her, even though she is not a contact for my doctor. Most recently she tried to cancel my therapy appointment. I am a minor.

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

No. It is illegal. Discuss this issue with your parent(s) and ask for them to either file charges, or file for a protective order on your behalf against her from interfering with your medical care, medical records, and otherwise contactingyou.

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?

Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...

§5–106.

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... View More

2 Answers | Asked in Divorce for Maryland on
Q: I co-signed my husband's car, and he refuses to pay for it and is hiding it. He now said he abandoned it. What do I do?

Could the judge do anything about the bank coming after me for the car loan?

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

As a co-signer, you owe the full balance of the loan. Your husband's actions are no defense. If both you and your husband are co-defendants in a lawsuit, you can file a cross-claim against your husband if your arrangement was that he was to pay for the whole loan, and then you'd have a... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

It is unclear, but your question suggests you are the landlord. If this is a residential property, it is your responsibility to eradicate the rats. A residential tenant can start a rent escrow action in District Court to compel the landlord to deal with the issue, or terminate the lease if the... View More

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2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Mark Oakley
Mark Oakley
answered on Jan 31, 2023

Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."

I'll take a stab: the owner of the company died without a will, and you are...
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