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Maryland Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal for a 17 year old to date a 21 year old in Maryland if the 17 year old signs the sexual consent on the paper
Mark Oakley
Mark Oakley
answered on May 12, 2021

The age of consent in Maryland is 16. There is no written consent form. It is still illegal for and adult to have sexual relations with someone under 18 when the adult is in a supervisory capacity, such as a teacher, coach, counselor, etc.

1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley
answered on May 7, 2021

The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: I got people saying telling others that I’m watching kids when I’m bmxing in a public park

A guy that doesn’t like me had his wife make a Facebook post about me saying I’m always up at the park hanging out and talking to little kids. And being a creep by bmxing at the park. What can I do to have them stop with this cause I have already been threatened

Mark Oakley
Mark Oakley
answered on May 4, 2021

If the latest incident of theirs occurred within 30 days, you can file for a peace order in the District or Circuit Court based on harassment (a persistent pattern of unwanted contact intended to seriously annoy another), but the specific actions may or may not meet the legal standard for... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Hello Lawyers, I recently bought a house in 2019 and closed with FHA docs. My servicer now says I have a Conv.

I did not refinance to get the conventional. I paid UFMIP an MIP in my monthly payments which is required for FHA, yet I have a conventional. None of my closing documents or Deed of Trust state that I have a conventional loan, only FHA. Shouldn't I have received a revised closing disclosure... View More

Mark Oakley
Mark Oakley
answered on Apr 29, 2021

Did you suffer any monetary damages? Are you out of pocket or will be out of pocket for extra payments you did not know about or agree to? If the payment terms are all the same, and there is no financial loss to you, then you have no basis to pursue a claim for compensation. It is possible that... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Do axes/tomahawks/hatchets count as weapons in Maryland?
Mark Oakley
Mark Oakley
answered on Mar 9, 2021

Yes. They have always been weapons. In addition, any object may fit the definition of a weapon is it is carried or used with intent to injure. However, axes, hatchets and the like are also tools, and may also be collectible items. The criminal laws apply to specific types of conduct, often with... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a person obtain a license to install security systems in Maryland with a felony conviction over 20 years ago?
Mark Oakley
Mark Oakley
answered on Feb 26, 2021

Yes. There are only two absolute qualifications: (1) be at least 18 years of age; and (2) be of good moral character. #2 is what you will be concerned about. A license "may" be denied on account of a conviction or plea of nolo contendere to a crime of theft of a crime "of moral... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My kid mother keep putting telephone miss used charges on me she would never give me my daughter we fight and argue

This is the third time she put in telephone miss use charges on me the first time they put it on the step docket the second time I haven’t been to court yet and before I went to court she put the third one on me so now I’m dealing with two more phone miss use charges because we always fight and... View More

Mark Oakley
Mark Oakley
answered on Feb 10, 2021

Every argumentative phone call is not telephone misuse. Repeated calls, one after the other, at all hours (especially in the middle of the night or early morning when people are asleep) and/or shouting and verbal abuse with every call, daily, may qualify. Nobody needs to call somebody 5-10 times... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can you park a car on the street in front of someone’s yard if not blocking a driveway? No street signs or rules posted

The neighbor states we can’t park there because it’s his property but there isn’t a driveway just a trailer in his yard. No curb

Mark Oakley
Mark Oakley
answered on Feb 5, 2021

If it' a public roadway, he doesn't own it. Any member of the public can park on a public street, assuming that parking is not otherwise prohibited by law (a legally posted "no parking" zone or fire hydrant, for example). Property owners often believe that just because they... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal to build a DIY propane torch in Maryland

This section of the law worries me: Maryland Criminal Law Section 4-501

I would use a 1lb camping propane tank as fuel.

The flame would be under 6ft.

The intent would be to put it in a Baby Yoda plush to make Baby Yoda breathe fire.

The operation of the device would... View More

Mark Oakley
Mark Oakley
answered on Jan 2, 2021

What is criminalized is incendiary or explosive material that is combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property, in other words, a weaponized delivery system of explosive or incendiary matter. What you are describing sounds... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: I am a cleaning service in PA, with residential clients in MD, do I need to register with the state of MD?
Mark Oakley
Mark Oakley
answered on Dec 5, 2020

Probably. If you regularly do business in Maryland you are required to register to do business here.

1 Answer | Asked in Uncategorized for Maryland on
Q: Can you legally stay in a motel for longer than thirty days if temporary to move?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 12, 2020

Assuming there are no specific orders or agreements at play Maryland law doesn't dictate where someone may live or how long. Someone could in theory stay at a hotel / motel for months or even years as long as they pay (though it probably would not be financially wise to do so).

New...
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1 Answer | Asked in Uncategorized for Maryland on
Q: My boyfriend is not getting his required Meds in jail right now and it’s making him sick? Can I do anything?

He went to jail a month ago and didn’t get meds. He has Parkinson’s . He got sick a few days later. He ended up going to the Dr for depression, anxiety, and bad shaking. He recently went back to jail and he is not getting any of his meds. He called me and he told me he keeps asking but they... View More

J. Heath Dillon
J. Heath Dillon
answered on Oct 4, 2020

I recommend you start by consulting a local, experienced criminal defense attorney.

That said, help could come from communication with the DA's Office over this situation. Additionally, discussion with the Sheriff, or whatever authority is responsible for the jail could help....
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1 Answer | Asked in Uncategorized for Maryland on
Q: What POA do I choose to handle all of my mentally disabled Uncles affairs

I’m already his Representative Payee through S.S. But I need to take care of his health, housing and have full access to all of his affairs. Thank You

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 16, 2020

A disabled person who is unable to manage their affairs may not be competent enough to execute a valid Power of Attorney. Instead, if someone is incompetent without a pre-existing Power of Attorney the family usually needs to seek legal guardianship through the courts.

The specific...
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1 Answer | Asked in Uncategorized for Maryland on
Q: I don’t know this is law relation but do felonies and misdemeanor people share the same prison cell
Mark Oakley
Mark Oakley
answered on Aug 1, 2020

Yes. Local county and city jails generally hold everyone regardless of the seriousness of their crime until they are found guilty and sentenced, then those sentenced to more than 18 months-2 years are generally transferred to a state penitentiary to serve their time. The more minor offenders with... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My work closed march 13th covid Boss paid reduced pay through June 15 Said we cant file unemployment until june 16

Unemployment said since we did not physically work the mo eye was a donation and we still can get unemployment because it is considered special pay but boss said we cant file until june 15 even though work stopped march 13 due to covid

Mark Oakley
Mark Oakley
answered on Jun 21, 2020

You should not rely on the non-legal opinions of your employer for the legal interpretation of when and if you are entitled to unemployment benefits. You may be entitled to partial benefits if you worked but your hours were reduced from full-time, or your pay was reduced. You would be entitled to... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: I live in Maryland and my father passed and left me his home I need to put the home in my name,how would I go about it ?
Mark Oakley
Mark Oakley
answered on Apr 24, 2020

An estate needs to be opened, in the county (or City of Baltimore) where your father resided at the time of his death. Either your father had a will that named someone to act as Personal Representative or executor, or in the absence of a will or the person named not being willing or able to act,... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Does community management co need collection agency lic in MD if all they are doing on behalf of Assc is send reminder?

If the management company represents a community association and one of the owner did not pay their monthly due on time and you’re only sending an automated reminder electronic notice, do you need a collection agency license in order to send that reminder notice?

Mark Oakley
Mark Oakley
answered on Apr 24, 2020

HOAs, condo associations, and their property or association management companies, are all excluded from the definition of a debt collector under the Federal Fair Debt Collection Practices Act. The association itself is excluded because it originated the debt obligation, and the management company... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My brother died a couple weeks ago. I was his beneficiary. How do i go about closing his accounts out? Bank,CC,Car loan

Would like to pay off what ever he owed. he had a savings but i don't know how to go about access it. he bought his car in FL but its with me in MD and i don't know if he owes money on it or not and how do i return the tags? if he has no money do i owe for him being the beneficiary? I... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2020

You cannot do anything unless you are the Personal Representative of your brother's estate. You become that by petitioning to open an estate for your brother in the jurisdiction where he resided at the time of his death. In Maryland, that would be a county (or City of Baltimore) Register of... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My dog walked onto my neighbor's property. I went to get her & my neighbor used his cell phone to audio rec me

I told him numerous times that I didn't consent to be recorded and he ignored me and continued recording is that illegal in Maryland?

Mark Oakley
Mark Oakley
answered on Mar 25, 2020

In MD, video recording in public is allowed regardless of consent, while audio recordings require consent of both parties. Most cell phones record both, so theoretically, if you could prove your neighbor recorded audio of you, there may be a violation. In a court proceeding, illegally recorded or... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: I need to get power of attorney for my mother; to cover medical, financial, and business. This is at her request.

My mother is 92 years old, and she is beginning to exhibit behaviors consistent with Alzheimer's and dementia. This is according to her physician. I have not the foggiest idea how to proceed.

Mark Oakley
Mark Oakley
answered on Mar 4, 2020

You need at least two documents: (1) a durable power of attorney for general financial matters; and (2) a durable power of attorney for healthcare decisions. They should not be one document--the healthcare POA should be separate. Your mother should also have a will if she doesn't have one,... View More

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