Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mark Oakley
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

View More Answers

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...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How do I expunge a case that has my incorrect birthdate?

I’m in montgomery county, Maryland. I want to expunge a Felony case from over 15 years ago. I purchased a copy of the indictment. My birthdate is incorrect on the first 2 pages and correct on the next 11 pages of the indictment. Someone used the incorrect birthdate and posted it on the internet... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Just file the petition using whatever information (name spelling, birth date) that is on the judiciary case search page for the case you’re expunging. Sign it and file it. The case will get expunged. Who cares about the birthdate on a case file that will no longer be visible?

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

View More Answers

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

View More Answers

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can a minor use Bluetooth while driving in md. My daughter was told by an officer that she could.

I look it up and found this driver.

Drivers under the age of 18

Drivers under the age of 18 may not use a "wireless communication device" (a handheld or hands-free device used to access telephone service) while driving, except to contact 9-1-1. Doing so is a primary... View More

Mark Oakley
Mark Oakley
answered on May 16, 2023

Minor Drivers may not operate a cell phone at any time while driving under MD Code, Transportation § 21-1124.2, unless they are calling 9-11. This ban includes the usage of hands free or Bluetooth devices.

View More Answers

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

1 Answer | Asked in Employment Law for Maryland on
Q: My job has a policy where they give out tips only once a year and you don’t get any if you get fired/quit. Is this legal

I am now unemployed from there and am wondering how I can get my tips I earned still. I don’t know how to go about it because this policy was a verbal one, so should I begin by sending an email asking about payment options? All tips are strictly in cash too. Thank you

Mark Oakley
Mark Oakley
answered on May 7, 2023

Either hire an employment lawyer or file a complaint with the Maryland Wage and Labor Board.

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml#:~:text=To%20request%20a%20claim%20form,prior%20to%20beginning%20an%20investigation.

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

View More Answers

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

2 Answers | Asked in Criminal Law for Maryland on
Q: I called the police station and made a possible threat. What can happen to me?

Deleted

Mark Oakley
Mark Oakley
answered on May 7, 2023

I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Could I call a tow truck on a car that is blocking the sidewalk for weeks now? Should I leave a notice to move the car?
Mark Oakley
Mark Oakley
answered on May 5, 2023

Report it to the police. They’ll ticket and tow it.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: A friend plead guilty in district court and was sentenced to 6 months in jail

Can they appeal the case to circuit court and be released from jail the same day how does this work can someone please answer this and help me so I can relay the message I was told the fee was 87 dollars and it takes effect same day so they are released never dealt with this

Mark Oakley
Mark Oakley
answered on May 4, 2023

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Was placed on 3 years probation given a PBJ March 10,2023 I am complying with probation and mental health treatment

My agent isn’t in disagreement for unsupervised probation because they still do monthly checks to make sure I haven’t gotten new charges and I’m complying with mental health treatment how long should I wait to file a motion to ask for unsupervised probation because it’s effecting my mental... View More

Mark Oakley
Mark Oakley
answered on May 2, 2023

Way too soon. It’s been what, a month and not quite a half? Of a 3 year probation? You’ll just anger the judge.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.