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Maryland Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Employment Law for Maryland on
Q: how do i know if i was involved in a class action lawsuit
Mark Oakley
Mark Oakley answered on Jun 3, 2020

Normally, if you can be identified as a possible member in a class action lawsuit, you receive some sort of communication to that effect. If there is a particular lawsuit you are aware of, then you can look up information on that lawsuit by doing a simple google search, and learn about the court... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Maryland on
Q: Can an HOA install cameras without the consent of all homeowners and tenants (privacy concern).

If they are installed in places places that peer into places on homeowner properties that are covered by reasonable expectation of privacy (e.g. patios, porches, windows, etc.)

Mark Oakley
Mark Oakley answered on Jun 3, 2020

I doubt your HOA documents provide that unanimous consent of all homeowners is required before they can take any actions. However, that does not mean they can necessarily act with impunity or infringe on privacy rights. Your HOA is made up of you and your fellow owners. You elect the Board who... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... Read more »

Mark Oakley
Mark Oakley answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: So in the state of maryland I can film anything from public property? That would mean there's no expectation of privacy?
Mark Oakley
Mark Oakley answered on Mar 25, 2020

“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: Can a news station block me from exercising my freedom of speech on their Facebook news posts?

No threats were made, but I did use vulgar language to express my disgust of their coverage.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Yes. Media companies are private parties. The First Amendment only bars the government from infringing on your freedom of speech, not private parties. You can post on your own Facebook page, and bar others from posting on your page. You have no right to force others to let you post on theirs.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Living in section 8 and guest won’t leave the premise

I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... Read more »

Mark Oakley
Mark Oakley answered on Dec 21, 2019

She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly... Read more »

1 Answer | Asked in Child Custody, Family Law, Civil Rights and Constitutional Law for Maryland on
Q: Once I am deemed the "legal father" by the affidavit of parentage (Maryland), am I protected by the 14th amendment?

Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... Read more »

Joseph D. Allen
Joseph D. Allen answered on Dec 19, 2019

You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had... Read more »

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 »

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