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Questions Answered by Mark Oakley
1 Answer | Asked in Business Law for Maryland on
Q: Change domestic Maryland LLC to out of state LLC
Mark Oakley
Mark Oakley
answered on Jan 24, 2024

Depends on the law of the state where you want to move the LLC to, and what you are actually looking to achieve. There are four options: (1) keep the MD registration and simply register to do business in the other state as a foreign registered LLC; (2) dissolve the MD LLC and create a new LLC in... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: (Maryland) I have not received an increase in my ex-husband's pension since it began in 1997. What are my legal options?

As part of my divorce, my ex-husband agreed and was part of the judge's decree, that he would pay me 10% of his military pension until one of us died. This took effect in 1997, however, I have not received an increase since then. (He sends the monthly check directly to me; it is not through... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

If you were married at least ten years during the time that your ex was in the military, then you can get the pension award issued in the form of a special court order served on the military to receive direct (and retroactive) payment of what you are owed. Either way you will need to file a motion... View More

1 Answer | Asked in Criminal Law and Identity Theft for Maryland on
Q: Someone I know used my ID after getting drug charges in Frederick MD

I left my wallet in my previous roommate’s car by mistake. She and 3 other friends of hers left from our VA home to visit someone in MD and I didn’t really think much of it when they returned one of her friends immediately handed me back my wallet. Time goes past, I move out and start a family,... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

Hire a lawyer to present your evidence to the prosecutor’s office in order to clear your name and have the correct person charged. You will need to identify your friend or friends who used your identity. It is unclear how you know exactly which one used your identity. This happens more often than... View More

2 Answers | Asked in Gov & Administrative Law for Maryland on
Q: Is it legal to travel around the US with a US passport but without an ID card?

I have an urgent need to go the Nevada from Maryland, and then I will go to California, and then to Bermuda. But I have no driver's license nor ID card yet, that is why I am asking.

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

You are not required to have ID to travel about the United States. This is not a police state. You cannot drive a motor vehicle without a validly issued state driver's license, or with an acceptable foreign driver’s license, but your freedom of movement is not restricted. Private businesses,... View More

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1 Answer | Asked in Civil Litigation and Libel & Slander for Maryland on
Q: I would like some more information about a possible defamation suit please if possible. Thank you

My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I find a Pro Bono Defense Attorney for my daughter in Maryland?

Need someone who is familiar with military court. Although, my daughter is not in the military, she works on the base in the Child Care Center.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

The Public Defender’s Office provides free representation in criminal cases for defendants who meet the financial requirements. If the case is pending in federal court (United States District Court or before a U.S. Magistrate), then she (not you) needs to apply for representation with the Federal... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can an association raise more than 10% of fees. My association went from in the past 2 years from $20,$25 & now $95 rais

I need answers on how an HOA can raise more than 10% a year? The association os grossly ripping us off. When asked to see their books as a Home Owner intitled to what I asked. I was turned down and that is not legal. Can you help?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

You’re not going to want to pay a lawyer’s hourly rates if you don’t want to pay $50 more per month or whatever the increase is. Maybe if you gathered a group of homeowners to share the legal fees, all being represented by the lawyer, that would be a way to make it affordable.

But...
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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Looking for legal advice for case against Apple's iPhone and radiation levels which caused me to have cancer.

Yes, the iphone 11 pro max and up have high radiation levels that does harm you I am a witness to this and the crazy part of it is that it started exactly seven months before they called for the Covid plandemic. I suddenly out of nowhere would listen to my music with their earplugs and my face... View More

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Your lay opinion as to both the “radiation” and its relationship to your vaguely described symptoms that are the same symptoms caused by countless possible other reasons (virus, allergy, bacterial infections, nerve related issues, etc.), and the total lack of any medical evidence to support it,... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Felony convictions of possession with intent to distribute are expungeable after a period of years, ranging from 3, 7 and 10 years after all terms of the sentence and probation are completed depending on the nature of the controlled substance (cannabis being in the shorter range) and the specific... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More

Mark Oakley
Mark Oakley
answered on Dec 13, 2023

Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should... View More

4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Mark Oakley
Mark Oakley
answered on Dec 11, 2023

The drunk driver who caused the accident will be liable to pay property damage up to the fair market value of your truck, or the cost of repairs, whichever is less. You would need “gap” insurance to cover the excess loan balance above what you receive for the total value of the truck. Gap... View More

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2 Answers | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmother has a house, when she purchased the house she put it in her name and 2 of her childrens name.

She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More

Mark Oakley
Mark Oakley
answered on Dec 7, 2023

One option is to re-deed the house into her sole name. That would require the cooperation of the two children on the deed with her. Draft her will to distribute the house as she intends. By doing this, all her children would benefit by inheriting the house with a stepped-up tax basis equal to the... View More

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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?

There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

Your license may be suspended due to your taking a breathalyzer test and exceeding the legal limit, or refusing the test, both of which have consequences. Go onto the MVA website and download your driving record. It will show the exact reason and length of any suspension. Contact a lawyer to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was involved in an accident that was not my fault in a rental. Why are they refusing to pay toward another rental?
Mark Oakley
Mark Oakley
answered on Nov 30, 2023

Who are “they”? The rental company is not responsible for that. Rental reimbursement under an insurance policy is provided when your car that is damaged in an accident is not drivable due to it being a total loss or because it is in the repair shop. You would then be given a covered rental... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: If a condo is owned by an LLP can the resident of the unit be on the board (the resident is a member of the LLP

There is no other name besides the LLP on the deed, the resident is a member of the LLP, the person was elected to the board by the council of unit owners but it was not known at the time that the unit was not individually owned. The bylaws of the association state that only unit owners can be... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

An LLP is a unit owner which acts through it's managing partner or designated officer. Therefore, the member of the LLP is properly on the Board as the authorized representative of the unit owner. The Maryland Condominium Act, under the Real Property Code, states any unit owner may be... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

If you do not show up, and have not been subpoenaed, there is no direct consequence to you if you fail to appear; however, without you present, his charges will be dropped. Your charges will still be pending, and he may show up at your case and testify against you, so you risk having a conviction... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I parked my car in a legal area, I woke up in the morning to a citation left at 4:00 AM on my windshield for $100

Violation as listed: “Not displaying attached front and/ or rear tag”. Although the officer listed in the notes: “Front plate not attached on public roadway. photo taken”. I keep my front tag in my windshield but last night When it was cleaning before entering the house, i placed it in my... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

I agree with Mr. Scherr. Either pay the ticket as written, or request a trial (not a waiver hearing; that's the same as pleading guilty, athough you can still request a reduction of the fine). Paying the fine results in a conviction of the offense, which will appear on your driving record.... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Eviction hearing Monday. Defendant died. What should love ones do? Time to empty house?

My dad has an Eviction hearing on Monday. He died this week before hearing? He was the only person on lease. What should we do? Notify the landlord?court? Do we have time to try to get his affairs in order?

Mark Oakley
Mark Oakley
answered on Nov 14, 2023

If you want his personal belongings from the premises, and you do not have access to the apartment, then you will need to open an estate for your father and have Letters of Administration issued to somebody acting as Personal Representative (PR) of his estate. If he had a will, he would have... View More

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