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Maryland Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My fiance has a 2nd degree Assault warrant from a year ago when I called the police. We are still together. What to do?

We still live happily together with no problems after. What should we do to get rid of the warrant

Mark Oakley
Mark Oakley answered on Dec 8, 2019

Hire a lawyer for your girlfriend because that’s the only way to deal with a warrant short of her simply walking into the police station and being arrested. Maybe the warrant can be recalled, maybe the prosecutor will drop the case if the lawyer can persuade them to, but regardless, she needs a... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Car Accidents, Civil Rights and Communications Law for Maryland on
Q: Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

I read an article that cited MD 2013 Code, which explained that it was legal to record the conversations after an auto accident, citing that the law (or case law) did not deem the... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

Maryland is a two-party consent state when it comes to audio recordings: both parties must consent to the recording. There is no exceptions for auto accidents. Video recording is not covered under this law, but unless you have a way to turn off the audio recording capacity of your video device, you... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: In Maryand, can I record meetings with a dozen of people (including myself) at Church?

The recording will be audio and video.

Do I need to get consents from all participants still? As we understand, the church meetings are not private conversations.

Please advise.

Mark Oakley
Mark Oakley answered on Sep 23, 2019

Simply announce to all who are present at the outset that the meeting will be video- and audio-taped. If there is a written notice that goes out to everyone who is invited to attend, consider stating that fact in the notice. Anyone who attends and remains is deemed to have consented. Otherwise,... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: Job knew I had disability. Sent a letter to say come to work, if no note in 6 days your fired. Was time to short?

I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jun 30, 2019

No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Maryland on
Q: My friend passed away and I have a car at his house. The car is titled in my name but his wife wont ler me have it?
Mark Oakley
Mark Oakley answered on May 26, 2019

Legal title means it’s yours. You own it. You cannot be charged with theft of your own property. You can be charged with trespassing, however, or assault if you go there and a fight ensues. If the vehicle is in the public street, go get it (use a spare key or have it towed). If not, or if you... Read more »

1 Answer | Asked in Civil Rights for Maryland on
Q: What is the penalty for recording a person with out notifying that person that he is being recorded in state of Maryland
Mark Oakley
Mark Oakley answered on May 1, 2019

The law only applies to audio recording, not video, and so long as the party being recorded is put on notice of the recording and continues the conversation then there is no violation. However, in the absence of either actual or implied consent, such a recording is a felony, and is punishable by up... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on
Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?

OCSE requested the MBON suspend my licenses for non-compliance. One of the problems with this is, I was in compliance. This is the second time the OCSE has caused me to lose a job opportunity because of inaccurate information and an unwillingness to resolve the balance of the support order. I... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 17, 2019

You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Q: Is the law habitual beggar of Salisbury Maryland 21801 unconstitutional or constitutional ?

I was charged and my lawyer said it was unconstitutional I he could not convince them of it and I still got convicted you

Mark Oakley
Mark Oakley answered on Jan 31, 2019

The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many... Read more »

2 Answers | Asked in Civil Rights for Maryland on
Q: Would obtaining consent after recording an individual in a public setting with no expectation of privacy be illegalinMD?

I plan on doing a communications study in a local supermarket and I have already obtained permission to sit and observe the communications between a store clerk and the customers in the check-out line. I believe that interrupting the flow of the conversation would be detrimental to the results, and... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jan 30, 2019

Reasonable expectation of privacy (or the lack thereof) is a concept that is only relevant to non-audio video recording of individuals. It would be safer to ask the customers to provide prior consent after telling them what you intend to use the recordings for- but as you note, this would also... Read more »

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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security for Maryland on
Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts

I am on social Security

Mark Oakley
Mark Oakley answered on Jan 24, 2019

Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site,... Read more »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on
Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.

But are listed on the mortgage note, as the Lender. The loan has been sold and transferred several times. The latest one it was transferred or sold to is Ocwen Loan Servicing. They've had the loan twice.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 11, 2019

The beneficiary under a Deed of Trust IS the lender.

Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for...
Read more »

1 Answer | Asked in Civil Rights and Estate Planning for Maryland on
Q: can the guardian of a living disabled adult (senior citizen) re-write a properly executed will?
Mark Oakley
Mark Oakley answered on Dec 19, 2018

No. But a guardian may be able to make other estate planning decisions, including establishing a trust in the name of their ward and funding it, with distribution of the trust assets upon death being set forth in the trust. You should not do anything without first consulting with experienced estate... Read more »

1 Answer | Asked in Civil Rights for Maryland on
Q: Can I obtain a lawyer with a right to sue letter from the Civil Rights Commission

I filed a complaint for racial discrimination with the Civil Rights Commission against a former employer and they're giving me a right-to-sue letter. Is there any recommendations on lawyers I should hire?

Joseph D. Allen
Joseph D. Allen answered on Sep 25, 2018

Typically (but not always) a right-to-sue letter follows a determination that the MCCR did not find probable cause that discrimination occurred. As for recommendations, I'm afraid you'll have to do some research and speak with some attorneys who offer free consultations- and get a sense of who you... Read more »

1 Answer | Asked in Copyright and Civil Rights for Maryland on
Q: Where I live the police say it is gang related and can't be worn into school? Is this true?

They are saying this is a gang-related paten. Which it is not. How are they allowed to tell the police it is.

Gary Kollin
Gary Kollin answered on Sep 6, 2018

I do not know what "it" is. Platen is defined as "a plate, typically made of gold or silver, used for holding the bread during the Eucharist and sometimes as a cover for the chalice."

The police say. Who says? An individual police officer? A supervisor? Is it in writing? Is it an urban...
Read more »

1 Answer | Asked in Child Support, Criminal Law, Family Law and Civil Rights for Maryland on
Q: Hello. I need advice. My dad is in competent of court for non payment of child support.

I have suspicion he is driving under a suspended license which is suspended. He has a warrant out for his arrest and no effort has been successfully made to find him. I have an idea where he may be. What steps do I need to take to protect myself and if I do find him can I perform a citizens arrest... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 31, 2018

Stay out of it. It is not your job to resolve this problem. Citizens' arrests aren't really a thing anyway. Let the court system handle this. Let your Mom handle it.

Q: Should I take legal action against my boss?

I got in a car accident while at work and I’m 26 weeks pregnant. While doing my run picking clients up I was rear ended pretty hard and my boss didn’t take me being hurt or if my unborn child was okay into consideration. She was more worried about me finishing my run. When I got back to the... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jul 26, 2018

As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly... Read more »

2 Answers | Asked in Civil Rights for Maryland on
Q: If you break house arrest and they book you, do u only serve the time you were supposed to serve or is it longer?

Does time add on? What if you are 17?

Gary Kollin
Gary Kollin answered on May 20, 2018

This is a criminal defense question. I do not understand your question.

However, if you broke house arrest I wish you the best.

And if you are the 17 year old, then ask your lawyer. You either retained one or was appointed one

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