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Maryland Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maryland on
Q: I need to know if I should go to the police to file a report concerning a car/ tags that is missing?

its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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1 Answer | Asked in Contracts and Legal Malpractice for Maryland on
Q: Can Maryland lawyers charge without a contract or written agreement?

My mother requested a legal letter from a Baltimore law firm in 2020 but failed to make a personal copy. She called them again last month to request a reprinted digital copy with letterhead and also to inquire about legal advice for expungement. We got the pdf letter and another lawyer shared an... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2024

They should not charge in this situation unless the fee agreement from when they were previously hired could be considered to cover the recent consultation.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: I had citation # TA-21-707(a). I couldn't stop at a red light because it was raining and the asphalt was wet, and as a

My car is SEMI TRUCK. commercial vehicle. Driver licenses located VA. Accident location MD HARFORD COUNTY

Scott Scherr
Scott Scherr
answered on Mar 10, 2024

You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

1 Answer | Asked in Small Claims for Maryland on
Q: I want to file a small claim again a furniture store as they delivered me a wrong item and don't want to refund my money
Scott Scherr
Scott Scherr
answered on Mar 8, 2024

You can file a lawsuit in small claims court for $5,000 or less. Make sure the store does business in Maryland and can be sued in Maryland. You will need the proper corporate name for the store. You can get the Complaint form for the lawsuit online or visit the courthouse.

2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2024

I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
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1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Social Security for Maryland on
Q: Mother (SSI recipient) owns her home & would like to sell & come live with me. Can we purchase a home together? How?

My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More

James L. Arrasmith
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answered on Feb 29, 2024

When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Can I transfer a house that I own into my mom's revocable living trust in Maryland?

I own a fully paid house in Rockville MD. I want to sell it to my mom but also have her put it into a trust with me as the beneficiary. Can I transfer the deed directly into her trust, or does the title first need to be transferred to my mom before she can transfer it into her trust?

Nina Whitehurst
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answered on Feb 25, 2024

Yes, your mother’s trust can be the buyer, and you can be the seller, with a deed to match. This makes perfect sense if it truly is an arm’s-length transaction.

However, if what you are actually doing is gifting the house to her, then you should not do that without talking to an...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi. I received a 3 yr PBJ after pleading guilty to a DUI first offense. I am compliant with the terms.

I have motioned to end after a year. I completed an alcohol abuse program prior to the date and have remained sober as requested by the judge in his order for the plea deal. I have motioned to end the probation after a year. I currently work out of state and want to move. Since I was conciliatory... View More

Scott Scherr
Scott Scherr
answered on Feb 24, 2024

It depends on the judge. Some judges will convert your probation to unsupervised. Other judges will make you stay on supervised probation the entire time. I would not expect the judge to completely end your probation early for a DUI, but unsupervised probation means you do not have to report or pay... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My employer requires me to be available 40 hrs/week, 5 days a week. I’ve only worked 5 hours. Can I find part time work?

Employer made me sign a contract and said I have to ask and be approved to work at another business within the same industry (flight instruction). There is a termination fee of $2500 if I breach the contract or quit before 12 months working for them.

Mark Oakley
Mark Oakley
answered on Feb 25, 2024

I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How should I proceed when getting a parking ticket in a spot that was not clearly labeled as Handicap space.

I was rushing to park in DC by the National Building Museum for work, parking in a spot that was not clearly labeled as Handicapped,

as the meter with the handicap marker was broken with the zone # on the side, I paid online instead. Please advise if you can help me avoid payment of the $500 fine.

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You should repost your question to DC lawyers by listing the location as Washington, D.C. Good luck to you.

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do if I am getting harassing phone calls from someone?

The person keeps calling from a blocked number. I know who it is, but I don't answer to not engage with the person.

Scott Scherr
Scott Scherr
answered on Mar 1, 2024

You can report the matter to the police. I do not know if they will do anything, but at least there will be a report of the incident.

2 Answers | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You will need to divulge the convictions on all applications to the bar. The character committee will review your application and there may be an investigation to evaluate your fitness and character. The Committee then makes a recommendation to the Board of Law Examiners which could hold a formal... View More

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2 Answers | Asked in Contracts for Maryland on
Q: At what point are cancellation fees in a contract unreasonable?

I am involved with a greek organization chapter currently facing a contractual dilemma and am seeking legal advice on how to navigate this situation. Three years ago, an officer, who has since left the chapter, signed a perpetual service agreement with a greek organization management platform. The... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

This is a great question that I think hinges on the contractual defense of unconscionability. This is not the easiest contractual defense to prove, but it appears to be in the ballpark of what you're asking about which is the reasonableness of the contractual terms.

Here's what...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Maryland on
Q: In Saint Marys county , MD ! I was pondering filing a case for numerous unlawful arrest and on many other violations j

I was incredibly traumatized when during my time in the jail I had a heart attack and by nurse and ekg test was performed and confirmed by the nurse and reported to the doctor on call and told her to take me back to my cell and that they were unable to take me to the emergency room because of my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you have described, it does sound like you may have grounds to file a legal case regarding your treatment while incarcerated in St. Mary's county. Here are a few key things to consider:

- Unlawful Arrest Claims: If you were arrested repeatedly without probable...
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2 Answers | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

Research the law firm and confirm the name, identity, and reputation of the attorney. If it comes back legit, then you have nothing to worry about. You can also search the attorney's name in the Maryland case search to see what kind of cases they have handled (keep in mind not all attorneys... View More

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