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Maryland Questions & Answers
1 Answer | Asked in Civil Rights, Federal Crimes, Constitutional Law and Juvenile Law for Maryland on
Q: How do I get MD state police to fully remove a supposed expunged record from their databases?

I was federally charged for possession of Marijuana (made a wrong turn and ended up speeding on Pentagon property and was pulled over with my medical card and legally purchased cannabis). Which was later expunged after completing the mandated probationary period along with community service, but 7... View More

James L. Arrasmith
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answered on Jul 21, 2024

To fully remove the expunged record from the Maryland State Police databases, you should start by contacting the Maryland State Police's Criminal Justice Information System (CJIS) directly. Explain your situation and provide them with all relevant documentation, including the letter of... View More

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Scott Scherr
Scott Scherr
answered on Jul 14, 2024

The driver and you are both responsible for the damage to the rental car. The driver is responsible for damaging the car. You are responsible under your rental car agreement. The driver would be responsible to you for any money you have to pay to the rental car company. If you have insurance,... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

The driver is liable for the wrongful act. Unfortunately, being on the record, the rental company would look to you. Paying for the damages could depend on what type of coverage you took out in renting the vehicle. Good luck

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2 Answers | Asked in Elder Law, Health Care Law and Medical Malpractice for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Richard Angelo Nicotra
Richard Angelo Nicotra
answered on Jul 3, 2024

Yes, you may have a valid claim if you can prove that the service work performed was substandard and caused the crash. It may require a vehicle inspection by an expert to provide an opinion admissible in court. You will need to prove that the work was done negligently and was a substantial factor... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 3, 2024

Yes, you can sue the company that installed the brakes and rotors on your car if their negligence caused you to hit a wall and suffer medical damages.

To succeed in a negligence claim against the company, you would have to demonstrate that the company's improper installation of the...
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1 Answer | Asked in Business Law and Securities Law for Maryland on
Q: I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account

I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. I will have less than $25 million in assets under management and fewer than 15 clients. Given these parameters, do I qualify for the de minimis exemption... View More

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Thank you for reaching out regarding managing investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. Based on your parameters of having less than $25 million in assets under management and fewer than 15 clients, you may likely qualify... View More

1 Answer | Asked in Family Law for Maryland on
Q: How can you get a court order to obtain a birth certificate for a deceased parent in Maryland?

I would like to obtain my father's birth certificate. He is deceased, and he was born in Maryland. The Division of Vital Records in Maryland only allows people who are listed on the birth certificate (the parents of the child, and the child born) to request an official copy of the birth... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2024

How much money is it worth to spend in order to get a birth certificate of a deceased ancestor? What information is on the birth certificate that you cannot obtain anywhere else?

If you must have it, then you file a "Petition for Appropriate Relief" in the Circuit Court where you...
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1 Answer | Asked in Estate Planning for Maryland on
Q: What do you do in Maryland if Trust documents are missing?

My kids are the beneficiaries of a trust set up by their deceased grandfather. It is for their education mainly, with health etc as a secondary goal. We have been using it with no issues but the co-trustee has resigned and the new trustee won't assume the role until they see the trust... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2024

(1) I assume you asked the co-trustee who resigned if they have a copy of the trust, or when they last saw a copy or who last had it; if not, start there, and then go back in time to the families of each prior trustee, if any, and ask about old paper files still in existence, that might contain a... View More

1 Answer | Asked in Business Law for Maryland on
Q: Can I operate using a trade name for my LLC even if it has not yet been filed with the state?

Let's say my LLC name is "ABC Company, LLC", and I want to use the trade name of "ABC Company". While this is obviously a generalized example, in practice my LLC name is fairly unique. Additionally, I plan on filing my trade name in the short term, but I do not want to have... View More

James L. Arrasmith
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answered on Jun 17, 2024

You are generally allowed to operate your business using a trade name (also known as a fictitious business name or DBA) even if it has not yet been officially filed with the state, as long as you meet certain requirements and follow the proper procedures for filing the trade name within a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Can an easement on our property to our neighbors house be closed if they have an alternative driveway on their land?

Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 17, 2024

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

1 Answer | Asked in Family Law for Maryland on
Q: For legal name change for adult, do you need the copy of either drivers license or birth certificate to be notarized?

Legal name change of an adult - non marriage or divorce

James L. Arrasmith
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answered on Jun 15, 2024

For a legal name change for an adult not related to marriage or divorce, the specific requirements can vary by state. Generally, you will need to provide proof of identity, such as a driver's license or birth certificate. Whether these documents need to be notarized depends on your... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Will the prosecutor dismiss a case if police report doesn’t match the written report when going to court

Also if you have a clean record never been in any trouble at all will that help your case

Scott Scherr
Scott Scherr
answered on Jun 13, 2024

It really depends on the nature of the discrepancy and whether it is material to the case. Do not assume that the case will be dropped.

The lack of a prior record will help you at sentencing. The judge may give you probation before judgment and/or decide not to send you to jail depending on...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 13, 2024

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
James L. Arrasmith
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answered on Jun 13, 2024

If you never signed any documents accepting the property, you may not legally own it. However, if your sister transferred the property to you through a deed recorded in public records, you would need to take steps to transfer it back.

To give the property back to your sister, you will need...
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2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Is it possible for my fiance to get pretrial release with a held without bond?

My fiance is being held without bond on a indictment for first degree burglary

James L. Arrasmith
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answered on Jun 22, 2024

To answer this question concisely:

Yes, it is possible for your fiancé to get pretrial release even if they are currently being held without bond. However, it's not guaranteed and depends on several factors.

Key points:

1. A "hold without bond" status can be...
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2 Answers | Asked in Car Accidents and Civil Litigation for Maryland on
Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages

Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?

Scott Scherr
Scott Scherr
answered on Jun 10, 2024

Usually, the driver of a cab is an independent contractor and the cab company will not be liable for the driver's negligence. The easiest and quickest way to fix your car is to make a collision claim with your own insurance company. You will have to pay a deductible, but will get it back if... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Maryland on
Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages

Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

I agree with my colleague - the easiest route is a first-party claim through your own carrier. Some people are averse to that because of the deductible and the principle that they did nothing wrong. Then the alternative is to pursue the company, which is going to take time and effort, or a fee if... View More

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1 Answer | Asked in Copyright and Intellectual Property for Maryland on
Q: How can I be sure I am staying within acceptable art/photo reference usage for by art business?

I am concerned about copyright infringement when drawing from a reference. I am an artist beginning a small business. I almost always use some form of reference when I draw. I pull from different sources to compile an original picture (ex: finding several pictures of the same flower from different... View More

James L. Arrasmith
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answered on Jun 5, 2024

To ensure you stay within acceptable reference usage for your art business, focus on creating substantial transformations in your work. When using reference photos, particularly for poses, make sure that your final piece has clear, original elements and doesn’t replicate the source too closely.... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: Soy de Nicaragua que puede hacer una persona cuando le mandan una carta de deportacion injusta

Yo entre cuando las fronteras estaban abiertas para nosotros y otros paises me hicieron un proceso con papeles y todo me dijero que hiciera mi cheking cuando llegara a mi destino me dieron mi primera cita para el 2025 hice todo eso luego me volvieron a citar y me redujeron la cita al 2024 a los 15... View More

Nicholas Pasquarello
Nicholas Pasquarello
answered on Jun 6, 2024

Si cree que se le ha ordenado deportar injustamente, es muy importante consultar y contratar a un abogado INMEDIATAMENTE. Deberá pedir a la corte de inmigracion a reabrir su caso y un factor es su diligencia en hacer que se llama un 'mocion de reabrir". Es absolutamente necesario tener... View More

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