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2 Answers | Asked in Tax Law and Criminal Law for Maryland on
Q: Hi i own a store in Maryland and we didn’t know about tobacco products tax

we have got 2 tickets there code

TG.13.1014.b

BR 16.5-218

Mark Oakley
Mark Oakley
answered on Jun 11, 2023

The Tax-General code citation is a criminal misdemeanor that carries up to 90 days in jail and a $500 fine, and the Business Regulation code citation is a criminal misdemeanor that carries up to 30 days in jail and a $1,000 fine. Both are "must appear" charges, meaning you can't... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: One question violation of probation do I usually get a warning for that or is there a possibility that I could go to

Jail only thing I did was sending a message I didn’t threaten anyone or anything like that I just wanted to say sorry for what I did wrong

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

If the crime you’re on probation for carries jail as a penalty, then yes, jail is always an option. It will depend on the seriousness of the violation. If you were order to have no contact with the victim, then it doesn’t matter how good your intentions were as far as it being a violation, but... View More

2 Answers | Asked in Real Estate Law and Family Law for Maryland on
Q: My ex-girlfriend and I own a house together. She lives there I do not. The mortgage is only my name.

My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More

Mark Oakley
Mark Oakley
answered on Jun 9, 2023

This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More

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1 Answer | Asked in Family Law for Maryland on
Q: What is the process of getting a qualified domestic order for a mutual agreed upon release of 401k funds?

May a motion be filed expeditiously if both parties are in agreement?

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

You need a consent motion to enter a qualifying order signed by both parties, and a proposed draft qualifying order (also typically signed by both parties, a family law magistrate and a judge). You will need a lawyer to draft the consent motion and qualifying order, and will need to contact the... View More

2 Answers | Asked in Probate for Maryland on
Q: How long should it take to be appointed personal representative in Maryland?

My wife applied to be the personal representative of my MILs estate on April 21, 2023. As of June 5th, there is no response from the court. The register of wills did not have the latest will and we don't have an original, but we had a copy. My wife is listed as the primary representative... View More

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

Wow. You don't have the latest version of the will, and what you do have is only a copy. No, that's not good enough. You're heading for judicial probate on this one. That's why it's taking so long. There has to be a proceeding regarding what happened to the most recent... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can my tenants not pay rent if they are awaiting their washing machine to be fixed?

My tenant's washer broke in April. I immediately contacted my Home warranty program (AHS) and had a service technician come out. He said it would take 4 weeks for parts. He never contacted me back or returned my calls. I had to have a 2ns vendor come out and then they said it was a big job... View More

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

They can't withhold full monthly rent for this type of breach of lease on your part, which it likely is, because the unit is not uninhabitable or made dangerous due to some unhealthy condition (in that scenario, they could petition to open a rent escrow and pay their rent into court and the... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Hello, I am attempting to make sense of what rights I may have as tenants in common with my brother in my fathers's Will

In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

You may only have a future interest after your father's widow (your mother?) no longer is residing in the house. You have no present rights to enforce, unless it has to do with an accusation that your father's widow is causing "waste" to the property (e.g., not paying the taxes... View More

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1 Answer | Asked in Environmental, Health Care Law and Small Claims for Maryland on
Q: Hi can you sue someone a free they knowingly let you in their house with flea infestation
Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Unless they intentionally planned to cause you to be infested with fleas without your realizing it, for some malicious reason or purpose, and you can prove that, then no. Same goes for suing someone because you caught a cold or the flu from them when they knew they were sick but failed to warn... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: I let my friend borrow my thumptack account. She used my name and email to get jobs. One of her clients is suing me!

Since she used my name I am the one getting sued what should I do!

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Defend the suit, file a third-party complaint against your friend. Since you probably don't know how to do this, you may need to pay a lawyer. If the amount of the suit is under $5,000, meaning it's a Small Claims matter, you may be able to defend yourself by filing a timely Notice of... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... View More

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... View More

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Any legal ramifications for withholding a will when someone passes ?Also related, anyway to find attorney who prepared

My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills

I believe his son found the will.... View More

Mark Oakley
Mark Oakley
answered on May 31, 2023

Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?

The purported...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Unfortunately, I didn’t see anything in the Harford County Code that would help you. It’s a public street. You do not own the right to restrict use of the roadway in front of your home. As mentioned, you might organize an HOA or civic association for your neighborhood and lobby to have... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... View More

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: If a land parcel is owned by the same parties equally but a portion is held in a llc and other held as individuals.

Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?

Mark Oakley
Mark Oakley
answered on May 8, 2023

The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... View More

2 Answers | Asked in Personal Injury for Maryland on
Q: My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house.

My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house. We are willing to replace the dented siding but the owner is saying that we need to replace his entire siding because the new siding won't match the old siding. I have called for an... View More

Mark Oakley
Mark Oakley
answered on May 7, 2023

These types of unreasonable demands based on aesthetics often become impossible when the one party wants a whole replacement with brand new siding for their entire house based on one unmatched panel. They’re not entitled to that. Call your homeowners insurance company. It is very possible your... View More

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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
answered on May 7, 2023

In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

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