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Maryland Questions & Answers
0 Answers | Asked in Criminal Law, Family Law and Civil Litigation for Maryland on
Q: If I had a criminal charge expunged last year can a police report

from the arrest be used as evidence in a civil hearing?

0 Answers | Asked in Child Custody and Family Law for Maryland on
Q: My nieces boyfriend is in a very bad home situation. He is 16. I am trying to figure out what I can do to get custody.

CPS has been called and nothing has been followed up with. His uncle (who has custody) is abusive. He will not give the boy his social security number in order for him to get a job. The boy tried to get a restraining order against his uncle but was told he couldn't without a guardian present.... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Do you need an appraiser if the only thing in the estate is a bank account with US dollars?
Mark Oakley
Mark Oakley answered on Sep 16, 2021

No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

0 Answers | Asked in Real Estate Law for Maryland on
Q: Liability of Lease Signer on VRBO Rental

My 18 year old has signed a lease for a one week VRBO rental for a group of teens who will be 17 and 18. They are a responsible group but he has purchased Accidental Damage insurance. If anyone were to get injured would he be liable? If so, is there liability insurance that we can purchase?

2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: can I take the Maryland State Police to small claims court
Mark Oakley
Mark Oakley answered on Sep 16, 2021

Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I took Alfred plea the judge that over saw the proceedings has recently been indicted and killed himself

Do i have any rightsI am now a convicted felon for a crime i didnt do with my jail time served and 3 yrs probation and alot of legal fees

Michael Wilson McGraw
Michael Wilson McGraw answered on Sep 15, 2021

I would suggest contacting competent counsel. You may eligible to file for post-conviction relief if you are on parole/probation or file a Writ of Error Coram Nobis, which is similar. You are not going to be the only one with this issue. I expect there will be numerous filings from others.

1 Answer | Asked in Juvenile Law and Child Custody for Maryland on
Q: how do you obtain a order from juvenile court terminating jurisdiction
Mark Oakley
Mark Oakley answered on Sep 16, 2021

Without more facts, this question is so broad as to not be answerable without writing a book to cover all possible scenarios that could have prompted the question. File a motion to terminate the court's exercise of jurisdiction. What possible legal basis you have that would entitle you to... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Which court in A. A. County , Maryland handles reassignment of a deceased Trustee for a Non Grantor, Irrevocable Trust?

As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... Read more »

Mark Oakley
Mark Oakley answered on Sep 15, 2021

A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... Read more »

0 Answers | Asked in Employment Law for Maryland on
Q: Does the polygraph protection act law allow a police department to SEND OUT polygraph results without examee consent?

To clarify I'm not asking whether the polygraph protection act allows them to administer a polygraph exam (I know they can) inquiry is only on sending out the results without ANY concent

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter lives in off campus housing at college that requires roommate agreement for a pet and sneak it in.

My daughter went and bought a dog after receiving the okay from the roommates but one of the roommates turned her in. She paid the fine and the pet fee but also has to have roommates sign an agreement with the apartment complex. The roommate that turned her in refuses to sign. My daughter has the... Read more »

Shaneka Johnson
Shaneka Johnson answered on Sep 13, 2021

Does your daughter have a handicap/disability that the dog provides assistive support for?

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a regular member of an HOA send a mass e-mail to all members concerning HOA business?

There is a provision in the Maryland Homeowners Association Act that states, "Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a homeowners association may not restrict a... Read more »

Mark Oakley
Mark Oakley answered on Sep 14, 2021

Anybody can send an email to as many people as they choose. There is no law against it. You just need to have the email addrsses.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: How long does my sister have to have her dead fiance's dog in her possession before it's legally hers

My sister's Fiance died on Monday and he had this dog before they even met but they were together for a little over a year and living together for about 4 months when he died his parents are to fragile to handle the dog and told her she should keep him on Friday a friend of his said he is... Read more »

Mark Oakley
Mark Oakley answered on Sep 12, 2021

The dog is personal property under the law. Personal property of a deceased person belongs to the deceased person's estate. When someone dies without a will, the law of intestate succession applies to determine the legal heirs entitled to inherit the estate assets. An unmarried person... Read more »

0 Answers | Asked in Animal / Dog Law for Maryland on
Q: How long does my sister have to have her dead fiance's dog in her possession before it's legally hers

My sister's Fiance died on Monday and he had this dog before they even met but they were together for a little over a year and living together for about 4 months when he died his parents are to fragile to handle the dog and told her she should keep him on Friday a friend of his said he is... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to... Read more »

Mark Oakley
Mark Oakley answered on Sep 12, 2021

Your question is confusing the way you phrased it. Let me rephrase it how I think you intended it: Seller owns two lots. Lot 2 is landlocked with no route of access except over Lot 1. Seller sells Lot 2, but continues to own Lot 1 and continues to use the portion of Lot 1 over which the easement... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 10, 2021

If the easement is written and recorded, yes. A recorded easement can only be extinguished by another recording, or by strict proof of "abandonment" (the reverse of adverse possession or use). Necessity is not a factor.

But, if the easement is one of implication or necessity...
Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Deck Size Restrictions in Hanover Maryland (21076)

I am trying to look for a home in Howard County Hanover MD. Only one house in the community has a larger deck while the rest are of same size. The seller says it was built prior to HOA rules being formed and its the only home with larger deck. Will one home be allowed to have a larger deck like... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 10, 2021

Check with the HOA. As part of most home sales in such communities, the HOA issues a certification prior to closing that states whether there are existing violations of the covenants for the subject property. Don't accept the seller's representations. Of course you can sue, later, if they... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I am in Rockville MD. I am on "Pre-Trial", Electronic monitoring ankle bracelet. I have nothing to show I flight risk.

I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

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