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Questions Answered by Mark Oakley
1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: my store is month to month lease. I have deliqunce cus Pendemic. I am on payment plan but they start charging penaly

landloard start to charge penalty after I complaint about smoking from next new store. They did not any action for this. Now send me termination notice.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Mark Oakley
Mark Oakley
answered on Dec 31, 2022

Depends on the facts of the offense, but avoiding a conviction and being eligible for a full expungement of your criminal record is a reasonable expectation, but how and when you achieve those things, and in what form (community service and charges dropped; a stet docket deal; a plea to just one or... View More

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Thank you for your time and response. It’s greatly appreciated. I’ve always wanted to be in my sons life, but

Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?

Mark Oakley
Mark Oakley
answered on Dec 29, 2022

The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Is conspiracy to assault first degree a non violent misdemeanor?
Mark Oakley
Mark Oakley
answered on Dec 29, 2022

Assault in the First Degree is a felony that is classified as a crime of violence by the Maryland Criminal Code, Section 14-101. Under the Maryland Sentencing Guidelines, conspiracy to commit any offense is classified for sentencing purposes the same as the offense the defendant conspired to... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi I thought I have a felony but when I look my case up it say this: CJIS Code:CONVERTEDCODE , charge class misdemeano

Charge Description- CDS MANUFACTURE/DISTRIBUTE-NARCOTIC; CJIS#: 20696

Charge Class: converted degree

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Look at what charge you were found guilty of or pled guilty to, as the original charge may have been amended down to a possession level misdemeanor as part of a plea deal. The original charge may remain on site simply because that’s what you were arrested/indicted on before your lawyer and the... View More

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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... View More

1 Answer | Asked in Family Law for Maryland on
Q: Good morning,

I have an 8 year old son that resides in the state of Maryland. Me and the mother were never together as a couple, but with a few dealings she became pregnant. I've seen my son twice within the eight year span, and that was when he was just a year old. The mother had been unhappy because I... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

No, you cannot do it unilaterally. If the "father figure" and your ex get serious, and get married, and if the father figure decides he would like to adopt your son as his own child, then with your voluntary consent you could allow the adoption and give up your parental rights in that... View More

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbors are parked in a driveway not belonging to them.

They live at 1342 and parked in the driveway of 1351

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

If they are parking in your driveway without permission, go ask them to move their car or have them towed. If it’s not your driveway, it’s none of your concern. Plus, how do you know they don’t have permission to park there from the owner?

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

You need a lawyer in the state where the lawsuit has been filed.

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1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Maryland on
Q: How do I properly spend down funds to keep ssi/medicaid?

Good Evening,

My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... View More

Mark Oakley
Mark Oakley
answered on Dec 25, 2022

You may find this article helpful, although it is a bit dated (2011) and laws change:

https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/

To clear the whole amount you might purchase a special bed for her, one...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I was given a dog back in June 2022, now its almost 2023 and their threatening me to give the dog back?

I have vet records in my name. The original owner got incarnated and his girlfriend is who gave me the dog. Legally what can they do to get the dog back do they have any rights ? Thanks

Mark Oakley
Mark Oakley
answered on Dec 21, 2022

If the dog was not the property of the girlfriend, she had no legal right to give it away without authorization and consent of the incarcerated owner. If the incarcerated owner gave her that consent, then that's a different matter. A person (you) who receives a gift or even purchases... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I got a camera ticket in a company car, do I have to pay it. My name is not on the ticket.
Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Great question! So, a camera ticket is mailed to the registered owner of the vehicle. Because obviously, the State has no idea who was driving, and the law presumes that it was the registered owner. But! It is a rebuttable presumption! The registered owner can contest the citation by identifying... View More

1 Answer | Asked in Child Support for Maryland on
Q: Can I transfer child support from one state to another if the other parent is behind in payments?

moving from DC to PG county in MD. He is over 40,000 behind in payments. He lives in Oregon

Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Yes

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If i got a Traffic violation ticket in a company vehicle during business hours, do I have to pay the ticket? State MD
Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Is it a camera ticket? That’s going to the registered owner of the vehicle and will be an issue between you and your employer. If it’s issued to you after a stop, you are the one being charged with the violation, unless it’s equipment related. If it’s not based on a moving violation, then... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can one Motion to Seal be submitted for multiple case filings by the same Plaintiff that has the same presiding Judge?

Can one Motion or Request to Seal be submitted for past multiple case filings by the same Plaintiff that has the same presiding Judge?

Mark Oakley
Mark Oakley
answered on Dec 19, 2022

Possibly, if they are all interrelated, but if they are distinct separate cases, you should file a separate motion for each separate case number.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do offers that were made but not accepted on real property need to be maintained for 5 years in the state of Maryland?
Mark Oakley
Mark Oakley
answered on Dec 18, 2022

The records retention law applies to licensed real estate professionals in Maryland only, not to non-licensed professionals. A real estate licensee has to keep all records for a minimum of five years after closing for a property that has been sold; or, if the listing expires or the property is not... View More

1 Answer | Asked in Family Law for Maryland on
Q: What does my dismissed peace order mean

I have a dismissed peace order filed against me in 2021. I was never served because I was only in MD on Military leave and was back across the country when they showed up to my parents house. It was dismissed after a month and the filer went to court once a week for that month. On the MD courts... View More

Mark Oakley
Mark Oakley
answered on Dec 18, 2022

It is not a criminal charge, so guilt or innocence is not the right way to characterize this type of case. This is a civil peace order petition. Anyone can file a petition seeking a peace order against another person, and the burden of proof is a "preponderance of the evidence" which... View More

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My commercial landlord is trying to collect back trash payment from 2011-2015. Am I responsible to pay it?
Mark Oakley
Mark Oakley
answered on Dec 16, 2022

Need to read the commercial lease and ascertain whether the statute of limitations was extended beyond the default 3 years normally applicable to claims of this nature. However, most commercial leases are under seal, meaning you signed the lease with the word “seal” printed next to the... View More

3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... View More

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

You have not described a series of thefts planned as one continuous theft scheme, but more probably multiple individual minor thefts unconnected to each other, but perhaps there is something missing from your recitation of the facts. Theft scheme is often an over-charged crime to bump the case into... View More

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