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Maryland Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights and Constitutional Law for Maryland on
Q: What actions to make when judge and attorney makes a decision without defendants permission to a speedy trial?

Not letting the defendant know that his right to a speedy trial was waived also not violating any rights he may have? He’s been incarcerated for a year and 3months. 6 months in a federal facility without a single court date. Just found out that his right to a speedy trial was signed off on... Read more »

Scott Scherr
Scott Scherr
answered on Oct 11, 2022

The judge decides all issues related to a speedy trial including whether your constitutional right to a speedy trial has been violated. The judge does not need your permission. The judge also decides whether a case will be postponed. You may be able to appeal the decision, but the judge has a lot... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Banking and Constitutional Law for Maryland on
Q: Are bank account maintance fees constutional?
Mark Oakley
Mark Oakley
answered on Jul 2, 2022

They are not unconstitutional.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... Read more »

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... Read more »

2 Answers | Asked in Constitutional Law for Maryland on
Q: Is being pulled over for suspended registration in a police officer seeing the top of a ziplock baggie in a purse but

No contents probable cause for search

Mark Oakley
Mark Oakley
answered on Feb 19, 2022

No, but I am confident that the police officer will claim there was more to it than that. You need to have a lawyer review all aspects on the search, and that will require obtaining discovery from the State. There may be body cam video to review as well. I assume you were arrested for possessing... Read more »

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1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Maryland on
Q: Can I build a handgun at 17 for hunting in maryland?
Mark Oakley
Mark Oakley
answered on Dec 25, 2021

(1) A 17 year old cannot legally possess a handgun in the State of Mayland. You must be 21 or older to possess a handgun.

(2) A handgun is not used for "hunting" -- at least, nobody with any common sense or knowledge of hunting would accept the argument that your possession and...
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1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: how do the police determined Adverse Possession

how do the police determined Adverse Possession

Mark Oakley
Mark Oakley
answered on Jul 15, 2021

They don't. Not their decision or jurisdiction to make such determinations. The person claiming adverse possession must file a lawsuit in court against the titled owner for the purpose of divesting the titled owner of title to the land, based on the person in possession of the property... Read more »

1 Answer | Asked in Constitutional Law for Maryland on
Q: How would one go about petitioning federal courts to have one's state's representation suspended or revoked?

For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.

Mark Oakley
Mark Oakley
answered on May 23, 2021

You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Maryland on
Q: I read all that, but I am looking for a clear definition of "organized militia"

I read this, but request definition clarification, please:

§ 13-214. Prohibitions

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... Read more »

Mark Oakley
Mark Oakley
answered on Dec 8, 2020

Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define... Read more »

1 Answer | Asked in Contracts, Civil Rights and Constitutional Law for Maryland on
Q: I need to obtain a form to present that will display my exemption from the vaccine. It will present grave consequence

Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!

Mark Oakley
Mark Oakley
answered on Dec 3, 2020

There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... 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 Constitutional Law for Maryland on
Q: Is an order that violates the constitution (ordering people to stay in their homes), unlawful? What would SCOTUS say?
Mark Oakley
Mark Oakley
answered on May 21, 2020

Objection! The question assumes a fact not in evidence! No court has ruled that a stay-at-home order violates the Maryland Declaration of Rights or the United States Constitution. However, should someone mount a legal challenge, and convince a court that it does, then of course it is true that... 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 Constitutional Law for Maryland on
Q: Under the 5th Amendment an individual who is placed under arrest has the right to an attorney...

During questioning. What attorney would be appointed during questioning? In the state of Maryland (where I reside), a public defender (attorney assigned to the poor to represent them at trial) cannot be contacted/assigned until the accused has received charging documents. So in this case... In... Read more »

Mark Oakley
Mark Oakley
answered on Nov 10, 2019

It is not a right to immediate appointment at any time you are prepared to answer questions. It is a right NOT to answer questions without legal representation present. Therefore, you exercise this right by remaining silent. The police may not question you against your will at any time. Once you... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Maryland on
Q: are retired us marshals still considered civil servants

If so then is this then a felony

Gary Kollin
Gary Kollin
answered on Sep 22, 2019

What a felony?

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley
Mark Oakley
answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

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