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Questions Answered by Mark Oakley
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

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company...

...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name?

Mark Oakley
Mark Oakley
answered on Nov 14, 2023

When you file a change of resident agent form, the prior forms on file are not deleted or removed. Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Got speeding ticket (85/55) in Montgomery Co., MD. Clean record. Options to fight or minimize impact (PBJ)?

I recently received a speeding ticket in Montgomery County, Maryland, for allegedly driving 85 mph in a 55 mph zone. I was pacing with another vehicle when I noticed a car parked in the emergency lane, which turned out to be a state trooper. The trooper later pulled me over, but I believe there may... View More

Mark Oakley
Mark Oakley
answered on Nov 27, 2024

This is a five point offense. Request a trial using the form or instructions on the ticket. Do not request a waiver hearing. Either hire a lawyer or go on your own and request a point reduction or PBJ.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: What can be done about a dog continuously getting out of its owners property

My neighbors dog keeps getting out of their yard, constantly barking and nipping at people walking by. Causes every other dog on the street to go ballistic.

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Call Animal Control

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: If I already have full custody of my nephew & petition for adoption, could I lose full custody if my petition is denied

The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No. Denial of adoption has no effect on your custody order.

1 Answer | Asked in Criminal Law for Maryland on
Q: can they try a 17 year old as an adult because of a 1st degree assault charge?
Mark Oakley
Mark Oakley
answered on May 6, 2024

Yes. Hire a lawyer to file a motion for a reverse waiver to juvenile court.

2 Answers | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Would my ex be allowed to have her new husband adopt our children without my consent.

My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.

Mark Oakley
Mark Oakley
answered on May 6, 2024

No, your parental rights cannot be terminated like that, nor can someone else become an adoptive parent without the consent of the parent whose parental rights are being terminated.

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Mark Oakley
Mark Oakley
answered on Apr 7, 2024

It’s never too late, but at this point you can get the case expunged. Before you do, you need to get a certified copy of the final disposition (either the stet or the nolle Prosequi), because Immigration will want it.

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can I file a civil suit against something found guilty and sentenced to Probation before judgement?

I was the complaintant in a criminal case in Anne Arundel County. The defendant was found guilty but sentenced PRJ.

Can I now file a civil suit for the hardship and damages he caused to me?

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Yes. You will not be able to use the result of the criminal case to prove your claims, but you can order the transcript of his plea of guilty and use that to prove his admission to committing the crime (assault? Theft?) against you.

1 Answer | Asked in Tax Law for Maryland on
Q: If im exempt from pay property tax when I sell and buy a home will I be reimbursed that taxes paid from both transaction

I’m a 100% disabled veteran in Maryland and currently exempt from paying property taxes. I’m selling my current home and buying another and wanted to know if I will be reimbursed from the county (Prince George) the transfer, recapture and recordation taxes.

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Transfer and recordation taxes are not “property taxes” and are not encompassed within the property tax exemption for disabled veterans. Contact the Maryland Department of Veterans Affairs at 410-260-3838 to inquire about what exemptions are available.

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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