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Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I own a firearm if my husband is a convicted felon?

I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.

“But my wife is the only one with a key or combination to the gun...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Mark Oakley
Mark Oakley
answered on Oct 16, 2023

You can take the DIP online, and download the certifiate of completion. Hire a lawyer and provide the lawyer with the certificate, plus download your complete driving record from the MVA website and give that to your lawyer as well. There is an excellent chance this can get resolved without... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: How long is a home appraisal good for in an inheritance situation. It was appraised almost 2 yrs ago. market has changed

The original appraisal for home was done in March of 2022. Is that appraisal considered old and inaccurate now due to economy and inflation?

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

For what purpose? An appraisal is required of real property in an estate to ascertain its value as of the date of death of the decedent. This fixes the stepped-up tax basis of the heirs for calculating capital gains tax (or loss) following that date as the market value changes. If there were any... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello, I have an unsecured loan note from my brother wich is notorized back in 1998 with payoff date 2005.

Last page indicated"Witness our hands and seals "above signature line. Note was signed in WVA. My brother lender lived in NH back in 1998. Now he lives in MA and I live in MD. After 23 years he wants the loan 50k plus interest total 120k due to family feud.

Note: During last 23... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

I am aware of no statute of limitations that would be as long as 23 years. In Maryland the SOL is three years. For a contract “under seal” like your promissory note, the SOL is extended to 12 years. However, Maryland law on this issue will not apply if the lender was in NH and the borrower... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If a car is impounded during an unconstitutional arrest ,will evidence found in a later search be admissible in court?

Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996.
Mark Oakley
Mark Oakley
answered on Oct 11, 2023

Yes, these charges can generally now be expunged. There are some variables, as old Article 27, Section 286A, 286B and 286C are all different from Section 286 (without a capital letter attached). Former Article 27, Section 286 has been recodified under Criminal Code 5-602. Both a misdemeanor... View More

1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Maryland on
Q: If my company designed a car wheel and sold a license to a manufacturer. Who is liable for accidents from its use?

I am considering forming a startup based on the design of a new lightweight automobile wheel. The business model is to patent the wheel design and sell licenses to wheel manufacturers and collect royalties from it. If there ends up being a design flaw in the wheel and it results in a wheel failure... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2023

The injured party would sue both the seller and the manufacturer/designer. The designer would ultimately be liable to the seller and the manufacturer (if different from the designer), for damages they pay out to the injured party. Basically, if all defendants in the case are insured, the... View More

1 Answer | Asked in Banking for Maryland on
Q: My friend (also account holder) closed my CD account and withdraw the money. Do I have legal recourse to get it back?

Recently, a close friend and I had a falling out. In retaliation against me, she accessed my Certificate of Deposit account without my authorization, closed it, and transferred the money to one of her accounts. The bank says that she was also a primary account holder and, due to the Terms and... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

It’s either a civil suit to recover the money, or a criminal case of theft (depending on the joint account relationship), or both. Lawyer charge by the hour, so if the amount is under $5000 then you’re better off suing on your own. Not sure if the police would file criminal charges based on a... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: When is a good time to ask for a bill of particulars in a Circuit Court criminal case?

A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.

1 Answer | Asked in Criminal Law for Maryland on
Q: 3 year’s probation Maryland criminal PBJ

So I was given 3 years probation plead guilty but was given a PBJ I want to close my probation early my only conditions are comply with mental health which I have been doing but I have been doing other classes also have certificates , enrolled in college, no issues on probation my probation isn’t... View More

Mark Oakley
Mark Oakley
answered on Sep 28, 2023

You can always file a motion requesting that the judge terminate probation early or even request an early expungement of your criminal record. However, whether the timing and reasons in support of your request are sufficient or appropriate at this time would require more evaluation. Discuss this... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: after being found not guilty for speeding. can a judge say "slow down" after, as if I'm guilty of speeding.

the officer was no show. I was asked to enter a plead. of course I said not guilty. immediately after being found not guilty, the judge made a comment on the record and advised me to slow down. I thought judges are supposed to be unbiased, partial, etc..I am serious thinking to file a complaint... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2023

So, you’re saying you were truly innocent, the officer’s laser/radar/Lidar device or speedometer on his cruiser was not working properly, and had he showed up you would have won? In that case, you can be upset. But if you were clocked on laser equipment the device number for the equipment used... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I renewed my registration but forgot to put the sticker on my license plate, and got a ticket. Can I get it removed?

My license plate expired 7/31. I renewed well before and had the updated registration card with the new sticker in the glove box, but forgot to put it on the license plate. On 8/23, I parked in free street parking and came back to my car having a ticket for “expired tags”. Is there any grace... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2023

Forgetting to put the sticker on your plate is not a defense to the charge, which is displaying expired tags. Emphasis on “displaying”. The ticket carries no points and is not a moving violation, so it will have zero impact on your insurance rates. In other words, paying the fine has no... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: In MD is offense code CR.3.602.(b)(1) considered a "violent crime"?

I researched the most up to date Maryland State Commission on Criminal Sentencing Policy and it lists CR, §3-602(b) as being a violent offense but NOT CR, §3-602(b)(i).

Mark Oakley
Mark Oakley
answered on Aug 16, 2023

ALL violations of subsection (b) constitutes a violent crime. The separate sections within subsection (b) are not differentiated in this regard.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: What option do I have? I’ve been told by my supervisor I will not be compensated for my time off while healing elbow?

Hello, I am a Amazon delivery driver & on 8/4/23 I was bitten in the elbow & fingers by a customers dog. She requested for packages to be delivered to the rear door of her home. I pulled into her drive way, she & i made eye contact & smiled at each other and she and 1 dog went into... View More

Mark Oakley
Mark Oakley
answered on Aug 6, 2023

You have both a workers’ comp claim and a claim against the homeowner. Hire a lawyer. If you miss time from work due to injury on the job, and assuming you are a covered employee, then you will receive Temporary Total benefits. In the meantime you pursue the homeowner claim against the homeowner... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Mark Oakley
Mark Oakley
answered on Jul 28, 2023

A lawyer will need to review all the details and facts, and file a motion to suppress; however, if the search of the vehicle was incident to a lawfully obtained and issued search warrant, then the evidence may not be suppressed, despite the initial stop lacking probable cause. That will be an... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Is there notice for no right of redemption?

I had some financial troubles and long story short, I have 3 eviction notices under my belt. I have paid them off before eviction but when I spoked to the leasing office last they told me they planned on filing for no right of redemption. How does this work? Will I get a notice with a date or will... View More

Mark Oakley
Mark Oakley
answered on Jul 18, 2023

The right of redemption is simply a right the tenant has to pay the past rent due and owing at the time of the court hearing on the landlord's action for eviction during the term of an unexpired lease for unpaid rent, which results in the action for eviction being dismissed. In Maryland, a... View More

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1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Q: Can I file a consumer complaint if a brand new car had problems

I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles.

They also said VW won't cover the repairs since it was just outside the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Should you accept a loan modification with a partial claim on a mortgage that has already been discharged in bankruptcy
Mark Oakley
Mark Oakley
answered on Jul 13, 2023

The only discharge granted was to your personal liability on the mortgage. The lien on the property remains. If you cannot afford the payments and stop paying, then the mortgage company can still foreclose and sell your house at acution to enforce its lien. What it cannot do is sue you and... View More

2 Answers | Asked in Employment Law for Maryland on
Q: Can my employer force me to pay for accidental damages with no contract. In Maryland.

I work for two people and live with them in a big house together with no contract, with another roommate. In Maryland. I accidentally broke the sprinkler and caused water damage in the house, they want me to pay what the insurance will not pay and the repair expenses and if not they will take the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

If you were just a tenant, then you would be liable; however, as an employee, that adds a new wrinkle. They cannot simply dock your pay for the excess cost of repairs. They would need to sue you, get a judgment, and then have a writ of garnishment issue against your wages, not to exceed 25% of... View More

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Small Claims for Maryland on
Q: I deposited a check in my account for my friend and gave them the money it was fake can I sue them?

It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More

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