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Questions Answered by Mark Oakley
2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Mark Oakley
Mark Oakley
answered on Jun 26, 2023

Never plead guilty. Her best option is to hire a lawyer. Diversion is certainly on the table but to get the best deal and to avoid a record she would be far better off hiring a lawyer.

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1 Answer | Asked in Civil Litigation for Maryland on
Q: purchase a house 4-5 months prior to gf moving in & im the only one on the deed, when i sell do i owe her half proceeds?

I purchased a house in October of 2019 and im the only one on the deed/title. My GIRLFRIEND didn’t want to pay to add her name to it and she moved in February of 2020 and started paying on mortgage & utilities in March of 2020. Also it’s a few month where I payed myself. She is still my... View More

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

No. But if the girlfriend says there was an agreement that she was a co-owner and her payment toward the mortgage principal was her contribution toward ownership, then you may have a lawsuit, but her position would be very weak and unlikely to prevail.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can you be found quilty of littering just by a video of your car, but no witnesses, or any video of your license plate

or a clear picture of your face. Just someone saying that you drive a car like the one in the video.

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

Proving guilty requires proof of criminal agency, meaning being able to prove that the person charged with the crime actually committed it. If all the have is a silver Honda civic with no license plate or other uniquely identifiable characteristics then they can’t even identify the owner of the... View More

1 Answer | Asked in Family Law for Maryland on
Q: If someone marries their step dad after their mother has passed away, is that illegal in the state of Maryland?

Joseph H. repeatedly talked about their getting married when she turned 19 years old. Joseph and Alexandra set the wedding date on her 19th birthday and began planning their wedding. Alexandra booked a caterer, rented a wedding hall, and hired a DJ for the wedding reception. The bills were... View More

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

This reads like a law school exam question. Unless the stepfather legally adopted her, I am aware of no prohibition in Maryland preventing marriage between consenting adults, regardless of the prior marriage of the stepfather to the mother of the bride. But I would still want to review the Family... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Maryland on
Q: where do I find the Maryland law for residential time and material contract
Mark Oakley
Mark Oakley
answered on Jun 23, 2023

That's like asking where do you find the law on crimes, or contracts, or divorce. Far too broad of a subject. There are so many sources of laws that apply to residential contruction contracts, including statutory, regulatory, common law, zoning and consumer aspects. If you have a specific... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: If a green card holder never got convicted of a crime but has a case put on the stet docket,

can that have an effect when they are leaving the US for vacation and when they come back will there be implications at the airport?

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

No, a stet has no impact on re-entry to the US or other immigration consequences. A stet disposition is not a conviction for immigration purposes because there is no conviction and no guilty finding or admission of guilt. A stet is an indefinite discontinuation of prosecution of the charge,... View More

4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

First, you cannot be found liable for causing the accident on account of your brother's insurance company denying coverage for you. That has nothing to do with liability for the accident.

Second, the only way you can be held responsible for causing the accident is if the other driver...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: An ex left me their dog and cat almost 5 years ago, now they are threatening to come take them back. Can that happen?

What should I do being the animals were originally obtained in nj but have been living with only me in md for the past 5 years. Do they still have rights if they left the animals 5 years ago with no contact?

Mark Oakley
Mark Oakley
answered on Jun 20, 2023

Your argument is either (1) they were a gift to you, and once given, title passes to the recipient, so those pets are yours now; or (2) he abandoned them--abandonment being the intentional relinquishment of property (pets are property under Maryland law) and giving up of rights, which may be proven... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: How do you refer to a judge in a personal injury case who is the plantiff? Judge? Ms? Mrs?

The judge is the plantiff. Not acting as a judge. How do you refer to as?

Mark Oakley
Mark Oakley
answered on Jun 19, 2023

Unless you're a lawyer yourself who may appear before this judge, "Ms." would be appropriate, unless the judge presiding over the case uses a different title or honorific. Follow the lead of the judge.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: We have odd neighbours that walk and drive on a shared easement through our backyard many times a day. What can we do?

Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More

Mark Oakley
Mark Oakley
answered on Jun 17, 2023

You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More

3 Answers | Asked in Estate Planning for Maryland on
Q: If I leave anything in my estate planning to my mother, can her husband (my stepfather) claim any of it as her spouse?
Mark Oakley
Mark Oakley
answered on Jun 13, 2023

No. Inheritances are excluded from counting as marital property; however, she must keep any inherited funds separate from funds or assets shared with her husband's name (e.g., joint accounts), or she could cause some or all of the commingled inherited assets to become marital property.

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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

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do to find out who my harrasser is? And put a stop to it.

Over the past 4 years now, someone has placed orders in my name for magazine subscriptions; A real estate agent called my landline saying he received a message through Facebook (he would not give details about who or where) that my husband and I are divorcing and that my husband wants to sell our... View More

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

Only the police will have the investigative and legal resources necessary to obtain and trace back online postings, magazine orders, email correspondence, etc., from various company websites and internet providers, and connect them to the person responsible. That’s your starting point.

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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