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Maryland Gov & Administrative Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law, Landlord - Tenant and Municipal Law for Maryland on
Q: Does a lease or property right supersede the law? Apartment complex issue.

I live in an apartment complex. My car was towed overnight, with no prior warning or notice, for parking in a reserved spot. My apartment complex says they didn't authorize the tow, as it took place after office hours - that it was likely the resident who rents the parking space. Is this... Read more »

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Told at the Bel Air MVA office by mgt. that I had to renew my driver's license with a real ID license. Is this correct

I was told that I have no choice but to obtain a real ID license.

When I asked what legal authority mandates that I get a Real ID license, the manager browsed his computer for approximately ten minutes, then said he would issue me a 45 day temporary license to think about it.

He... Read more »

Scott Scherr
Scott Scherr
answered on Oct 17, 2022

It is a requirement under federal law:

https://mva.maryland.gov/Pages/realid.aspx

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a public building require you to show ID to enter?
Scott Scherr
Scott Scherr
answered on Sep 15, 2022

There is nothing illegal about requiring identification to enter a public building. It helps provide security in case something happens.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: So can I cross unmarked crosswalks and is it illegal to cross the road where there is no crosswalk line?
Scott Scherr
Scott Scherr
answered on Jun 8, 2022

In Maryland, you can cross where there is an unmarked crosswalk. An unmarked crosswalk is an area where roads intersect, but there are no crosswalk markings. If there is a marked crosswalk at an intersection, you must use the marked crosswalk.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How can I claim an abandoned vehicle in Prince George's County Maryland

Police were notified and the vehicle is still sitting in the same place (public road) without tags, for more than 90 days

Mark Oakley
Mark Oakley
answered on Apr 8, 2022

Abandoned vehicles are governed by Maryland Transportation Code, Title 25, Subtitle 2. The process for stripping a titled owner of ownership rights in their vehicle only pertains to vehicles taken into police custody. There is no separate procedure set forth in the code for a private claim of an... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can the state clerk of courts refuse to file your documents
Mark Oakley
Mark Oakley
answered on Mar 25, 2022

Yes, for various reasons, typically having to do with procedural filing requirements (e.g., paying any required filing fees; meeting the signature requirement --pleadings and motions must be signed by the party filing them; bearing a certificate of service separately dated and signed--each paper... Read more »

1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... Read more »

Mark Oakley
Mark Oakley
answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... Read more »

Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges

Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney

Mark Oakley
Mark Oakley
answered on Dec 25, 2021

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

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1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for Maryland on
Q: Am I allowed to be a freelancer in the US? I'm18 y.o, my parent has a work visa and we applied for the green card

I am not doing freelancing since I don't know if it's legal and if it's not legal I will wait until I have SSN.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

Without a work authorization you are not allowed to derive any income from any professional activities such as free-lancing. You have to apply for an EAD on eligible grounds if qualify.

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 Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr
answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley
answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?

My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is... Read more »

Mark Oakley
Mark Oakley
answered on Apr 9, 2021

Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Maryland on
Q: Been turned down for a Md state ID. Desperately need to open a checking account. Living in a hotel and no resources

I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... Read more »

Mark Oakley
Mark Oakley
answered on Apr 5, 2021

Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:

https://mva.maryland.gov/drivers/Pages/apply-id-card.aspx

The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons....
Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I’m 17 years old born in 2004 and my Bf is 21 born 1999 is it wrong to be dating ?

Would he be in trouble if I become pregnant? I’m in Maryland

Mark Oakley
Mark Oakley
answered on Mar 31, 2021

There are no laws prohibiting your relationship, unless your boyfriend is a your teacher, counselor, coach, or other supervisory adult over you. The age of consent to engage in sexual activity is 16 in Maryland, and you are over that age. Getting pregnant at such a young age is a mistake most... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a resident of Virginia obtain a drivers license if a Maryland drivers license was revoked?
Mark Oakley
Mark Oakley
answered on Aug 22, 2020

Once your license is suspended or revoked in one state, no other state will issue you a license until you reinstate your privilege in the state where you’re suspended or revoked. This is the interstate compact adopted in all but three states, but even in those three states you are unlikely to get... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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1 Answer | Asked in Gov & Administrative Law and Government Contracts for Maryland on
Q: What would you suggest citizens could do about a swap shop painting stolen cars on the Washington DC/Maryland State line

The resident located at 905 Eastern Ave. in Fairmount Heights Maryland has turned this residential home into a swap shop. I have videos and pictures of the stolen cars and the paint shop located in the rear of the home. Not only are they operating without proper licensing, the fumes a meeting or... Read more »

Mark Oakley
Mark Oakley
answered on Jul 28, 2020

Provide your information to the police.

File a complaint with the DC Department of Energy and Environment, https://doee.dc.gov/service/ecd

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