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Questions Answered by Mark Oakley
1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: can I sue the business I work for as a contractor?

I have been a contractor for business A for a year and a half. I have single highhandedly successfully expanded their business all while, here are some details:

-been paid sporadically, almost never on time. This has affected my personal financial issues

-been owed up to $6,000 but... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You have not described any circumstances supporting a viable legal claim. You are a contract employee, but you do not descibe any written contract terms. If you have a contract, your rights are contained in that agreement. If you do not have a contract, or it's verbal, or you no longer wish... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I was given a ticket on I-95N for Maryland's TA 22-223 (c) by a Sheriff. Can I fight this with lawyer or pay the fine?

It was on 01/11/2023 at 7:43 PM on I-95 North at MM 80. There was slight fog and I was using my High Beam of headlights. After a while a cop was following me for less than half mile and then gave me a ticket with Maryland's TA - 22-223 (c) in Harford county. Ticket says I need to pay $60 fine... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2023

Subsection (c) of this section of the Code makes it a violation to drive behind another vehicle within 300 feet with your high beams on. It is unclear how this officer determined you were violating that section, as the officer was behind you. The charge is not a moving violation and carries no... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can equitable tolling of the SOL be applied to issues that were incorporated in prior lawsuits that were dismissed?

Can equitable tolling of the statute of limitations be applied to issues or claims that were incorporated in prior lawsuits that were eventually dismissed for other technical reasons?

Mark Oakley
Mark Oakley
answered on Jan 11, 2023

Maryland courts construe statutes of limitations strictly, and equitable tolling only will be applied to suspend the running of a statute of limitations if the defendant holds out an inducement not to file suit or indicates that limitations will not be pleaded. Otherwise, the time to file suit... View More

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2023

No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... View More

2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mark Oakley
Mark Oakley
answered on Jan 6, 2023

If blood or tissue samples were preserved from the child (either through an autopsy procedure to investigate the cause of death or for other reasons), or if the child was buried and the body can be exhumed, then DNA testing is possible and can confirm paternity. It is unclear why the alleged... View More

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1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Maryland on
Q: My employer filed a false police report against me. How can i sue for defamation and slander?

I was fired from my job and my employer went to the police and filed a false police report that was slanderous and defamation of character. They also choose to not pay me for my last week of employment. The case is ongoing with the police. I gave them all the proof of my innocence.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

First things first: hire a criminal defense attorney and focus on defendin and winning the criminal case. Until you win that, and avoid a conviction and possible jail, you have no viable civil suit. If you beat the criminal case, then discuss possible civil claims against your employer, but not... View More

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

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