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Maryland Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How can I claim an abandoned vehicle in Prince George's County Maryland

Police were notified and the vehicle is still sitting in the same place (public road) without tags, for more than 90 days

Mark Oakley
Mark Oakley answered on Apr 8, 2022

Abandoned vehicles are governed by Maryland Transportation Code, Title 25, Subtitle 2. The process for stripping a titled owner of ownership rights in their vehicle only pertains to vehicles taken into police custody. There is no separate procedure set forth in the code for a private claim of an... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can the state clerk of courts refuse to file your documents
Mark Oakley
Mark Oakley answered on Mar 25, 2022

Yes, for various reasons, typically having to do with procedural filing requirements (e.g., paying any required filing fees; meeting the signature requirement --pleadings and motions must be signed by the party filing them; bearing a certificate of service separately dated and signed--each paper... Read more »

1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... Read more »

Mark Oakley
Mark Oakley answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... Read more »

Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges

Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney

Mark Oakley
Mark Oakley answered on Dec 25, 2021

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

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1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for Maryland on
Q: Am I allowed to be a freelancer in the US? I'm18 y.o, my parent has a work visa and we applied for the green card

I am not doing freelancing since I don't know if it's legal and if it's not legal I will wait until I have SSN.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 8, 2021

Without a work authorization you are not allowed to derive any income from any professional activities such as free-lancing. You have to apply for an EAD on eligible grounds if qualify.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: can I take the Maryland State Police to small claims court
Mark Oakley
Mark Oakley answered on Sep 16, 2021

Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?

My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is... Read more »

Mark Oakley
Mark Oakley answered on Apr 9, 2021

Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Maryland on
Q: Been turned down for a Md state ID. Desperately need to open a checking account. Living in a hotel and no resources

I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... Read more »

Mark Oakley
Mark Oakley answered on Apr 5, 2021

Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:

The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons....
Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I’m 17 years old born in 2004 and my Bf is 21 born 1999 is it wrong to be dating ?

Would he be in trouble if I become pregnant? I’m in Maryland

Mark Oakley
Mark Oakley answered on Mar 31, 2021

There are no laws prohibiting your relationship, unless your boyfriend is a your teacher, counselor, coach, or other supervisory adult over you. The age of consent to engage in sexual activity is 16 in Maryland, and you are over that age. Getting pregnant at such a young age is a mistake most... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a resident of Virginia obtain a drivers license if a Maryland drivers license was revoked?
Mark Oakley
Mark Oakley answered on Aug 22, 2020

Once your license is suspended or revoked in one state, no other state will issue you a license until you reinstate your privilege in the state where you’re suspended or revoked. This is the interstate compact adopted in all but three states, but even in those three states you are unlikely to get... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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1 Answer | Asked in Gov & Administrative Law and Government Contracts for Maryland on
Q: What would you suggest citizens could do about a swap shop painting stolen cars on the Washington DC/Maryland State line

The resident located at 905 Eastern Ave. in Fairmount Heights Maryland has turned this residential home into a swap shop. I have videos and pictures of the stolen cars and the paint shop located in the rear of the home. Not only are they operating without proper licensing, the fumes a meeting or... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

Provide your information to the police.

File a complaint with the DC Department of Energy and Environment,

1 Answer | Asked in Gov & Administrative Law, Medical Malpractice and Personal Injury for Maryland on
Q: Can anyone please help me to pursue a claim against the government (VA) for permanent and life-changing injury?

This injury was caused during a VA compensation and pension exam done in April 2018 with new issues arising just the last few months. It’s been suggested I hire a lawyer. I am already 100% service-connected but apparently need to pursue this outside the VA system. Thank you for any help,... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 27, 2020

Claims against the VA likely require formal notice to be given within two years. You should promptly consult with a lawyer in a confidential setting. See.


1 Answer | Asked in Gov & Administrative Law and Immigration Law for Maryland on
Q: How will the new covid-19 update from Trump administration for f-1 visa impact those with i-485 status?

Hello, I am currently an international student with f-1 visa. Our college has decided that we will first operate with a hybrid model, and then go fully online after Thanksgiving break. I am also in the process of achieving a green card (i-485 status) from my parents who are also holders of green... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 12, 2020

Hi, if you have already applied to adjust status, you are no longer considered an F1 student for the purpose of this new rule. This means that you can take your hybrid courses without worrying about leaving the U.S. or losing your F1 status. As a green card holder, you will be able to attend school... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I was arrested (3/27/2010) by the Navy in MD for driving with a suspended license. I need documentation for the trial.

Are you able to point me to a website or phone number so that I can obtain the results of the trial? If I remember correctly, the charges were either dropped, or I payed a fine.

Mark Oakley
Mark Oakley answered on Jul 2, 2020

If you were stopped by a naval police officer (MP?) then this occurred on a military base and was prosecuted in the United States District Court before a US Magistrate. That could have been in several locations in Maryland, so it depends on which base this happened upon. Typically, if you were... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

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 Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on
Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

When a city's agencies and officers repeatedly do things that not only contradicts the city's own codes but harm it's residents and citizens,can its citizens sue the city leadership on the grounds of being PUBLIC NUISANCE?

Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.

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