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Maryland Questions & Answers
1 Answer | 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

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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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

James L. Arrasmith
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answered on Jun 5, 2024

If you have received a deportation notice unfairly, it is crucial to act quickly. Gather all your documents, including the original appointment notices, the letter reducing your appointment date, and the deportation notice. These documents will be important in proving that you complied with all the... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: I am in Baltimore, Maryland, and I was harassed by someone in California. Where should I file a civil harassment order?
James L. Arrasmith
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answered on Jun 3, 2024

When dealing with harassment, the location where you file a civil harassment order is crucial. Since the harassment occurred in California, you should file the civil harassment order there. California has specific courts that handle these types of orders.

In California, you can file the...
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2 Answers | Asked in Bankruptcy for Maryland on
Q: I was in a chapter 7 was close to getting a discharge but then I got evicted on the day of my creditors meeting.

I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.

James L. Arrasmith
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answered on Jun 1, 2024

I'm sorry to hear about the challenges you're facing. You do have options to address your situation. One possibility is to file a motion to reopen your Chapter 7 case. You can explain the reasons for missing the second part of the credit counseling and request permission to complete it... View More

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2 Answers | Asked in Bankruptcy for Maryland on
Q: I was in a chapter 7 was close to getting a discharge but then I got evicted on the day of my creditors meeting.

I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.

James L. Arrasmith
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answered on Jun 1, 2024

I'm sorry to hear about the difficulties you're facing. It's crucial to understand that you have options, even after your Chapter 7 case was dismissed. One possibility is to reopen your Chapter 7 case by filing a motion with the bankruptcy court, explaining the circumstances that led... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
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2 Answers | Asked in Contracts for Maryland on
Q: Can a restaurant be held liable for hosting an event by an company that fraudulently scammed people out of money?
John Michael Frick
John Michael Frick
answered on May 16, 2024

It depends upon the particular facts and circumstances. Key information will be whether the restaurant sponsored and promoted the event, or whether the sponsors of the event simply reserved a room or tables at the restaurant as a place to hold the event.

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1 Answer | Asked in Communications Law for Maryland on
Q: can someone outside usa record phone call between two people in a two party consent state?

so the question is if lets say you and one person are in a 3 way call with someone outside the usa, can the person outside the usa record the call risk free? as in cant be jailed? as well as could they share the recording with the two or even one who are in the two party consent state?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

No, more than likely the consent law protections apply to the person being recorded. Different states may enforce the applicability of these rules differently. To be on the safe side it is better to just ask permission to record. Ultimately the answer of this question really depends on the states... View More

1 Answer | Asked in Contracts and Banking for Maryland on
Q: Does the dawer of a negotiable instrument such as a check have the right to get the amount even if it’s not in the acc?

A bill of exchange such as a check is payable on demand and if it isnt, the bank is obligated to pay it according to the Bill of Exchange correct?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

In your specific example, with a check, the answer is almost always no. I don't know of any bank that would issue payment to a check payee when there are insufficient funds in the account. When a customer sets up an account with the bank they usually sign an agreement that entitles them to be... View More

1 Answer | Asked in Employment Law for Maryland on
Q: I work for private doctor's office. Can they make an employee use vacation time for a lunch time that you do not get

paid for when you work, when you are on vacation?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

If you have an employment contract that will be the first place you will want to look for the answer. In Maryland, employers are not required to give you a lunch break unless you a minor (under 18 years of age). Maryland employers are also not required to issue you benefits like paid or unpaid... View More

2 Answers | Asked in International Law for Maryland on
Q: If a US citizen dies in the country of origin, can US citizen children claim the property in that country, Bangladesh ?
James L. Arrasmith
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answered on May 12, 2024

The ability of a U.S. citizen to inherit property in Bangladesh from a deceased parent who was a citizen of Bangladesh depends on several factors, including Bangladeshi inheritance laws and the specific circumstances of the case. Here are a few key points to consider:

1. Bangladeshi...
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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Maryland on
Q: Is falsifying police reports legal? What remedies exist for accountability?

My dui case was dropped but I still lost my license. The officer lied about EVERYTHING (video proof), e.g., said I was going 110 mph but I was doing 74 mph; lied saying I was disoriented, slurring my speech, & falling; lied about the blood profusely spilling out of my ear; & SO much more.... View More

James L. Arrasmith
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answered on May 1, 2024

Falsifying police reports is illegal, and officers who do so can face disciplinary actions and legal consequences. If an officer's dishonesty in a report leads to someone's harm or the mishandling of a case, this could be grounds for both civil and criminal penalties against the officer.... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: I answered question #45 wrong on my in-laws i130, stating “NO” they have been in Mx 18 years HELP

I 130 is approved and sent to NVC

James L. Arrasmith
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answered on Apr 30, 2024

I understand your concern about incorrectly answering question #45 on the I-130 petition. While it's important to provide accurate information, a single mistake on the form may not necessarily lead to a denial of the petition, especially if the rest of the information is correct and the... View More

1 Answer | Asked in Consumer Law and Construction Law for Maryland on
Q: A contractor charged me for fencing panels but installed pickets instead--isn't "bait and switch" illegal?

I do not believe he is licensed. He has a LLC. I have searched the internet and his company does not come up or his name. Yet he is telling everyone he is licensed. He built a deck for my neighbor and did a great job. I reviewed all his work on FB and everyone seemed satisfied. However, the... View More

Scott Scherr
Scott Scherr
answered on Apr 30, 2024

It is a crime for an unlicensed contractor to work without a license. If he is not licensed, you can file criminal charges and ask for a refund as restitution.

If he is licensed, you can filed a complaint with the home improvement commission.

You also could sue him for damages.

1 Answer | Asked in Immigration Law for Maryland on
Q: I have DACA and have a case with immigration to become a Resident. I have been waiting for my Waiver 601-A approval

Many people have suggested to do Advance Parole. Would I be able to do Advance Parole while waiting for my waiver 601-a approval for unlawfully entering the country? It has been two years now waiting for the waiver and my Granpa is currently very ill. I would like to visit him. Would doing AP... View More

James L. Arrasmith
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answered on Apr 26, 2024

I understand your desire to visit your ill grandfather, but it's crucial to proceed cautiously given your pending immigration case. Here are a few key points to consider:

1. Advance Parole (AP) is a document that allows certain individuals to travel abroad and return to the U.S....
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1 Answer | Asked in Tax Law for Maryland on
Q: Is temporary disability taxable? I pay the disability premium through my employer.

I received a notice of deficiency regarding the temporary disability I did not report on my taxes. When researching the topic I found that if I pay the premium, then it is not taxable. I'm trying to find out if this is true so I can respond to notice.

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you provided, it seems that you received temporary disability benefits through a plan where you paid the premiums. In this case, the benefits you received are generally not taxable. Here's a more detailed explanation:

1. If you pay the entire cost of a...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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