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Maryland Questions & Answers
1 Answer | Asked in Civil Litigation and Traffic Tickets for Maryland on
Q: I have a tint medical exemption, can i get a license plate that states that or an official decal 2 avoid cop pull overs?

If I have a medical exemption that allows me to have 5% tint on my car windows, but I want to avoid the inevitable - being pulled over left and right by police officers because of my tint just to end up showing them my medical exemption, but I still end up late, harrassed, perhaps with a ticket for... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2021

Petition the MVA to adopt a regulation that allows the MVA to create and issue a decal you can affix to the exterior of the car notifying the law enforcement that the vehicle owner has a certified medical waiver for tinted windows. It would have to have an expiration date corresponding to the... Read more »

1 Answer | Asked in Probate for Maryland on
Q: In a small estate filing, if allowable costs exceed the value of the assets, do estate creditors have to be paid?

Estate assets total $11,552. Allowable funereal expenses are $4,398, applicable family allowances are $10,0000 and filing fee is $100 for total expenses of $14,498. Estate assets are $2,946 less than allowable expenses.

Mark Oakley
Mark Oakley answered on May 16, 2021

Section 8-105 of the Estates & Trusts Code governs priority of payments from an estate:(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Fees due to the register;

(2)...
Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Divorce. Married in one state, where he lives. I am in another state. 2 adult kids. No checking, no savings, no stocks

No money no house he lives with our son me our daughter. Married in his state. How do I divorce him without traveling to his state? He owns a used car that he can have?

Mark Oakley
Mark Oakley answered on May 16, 2021

If you are not seeking alimony, a monetary award, a share of his pension or retirement, or property division, you can file in your state of residence; or if you are seeking any of those things, you may need his consent to, or waiver of, personal jurisdiction in your state of residence. If he... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Before a jury trial why does the state offer sometimes be higher than the previous offer that the state had before?

For example if someone is offered 1 year and then the next offer is 3 years and the next offer 6 months.

Mark Oakley
Mark Oakley answered on May 16, 2021

You should not be going to a jury trial without a lawyer. if you have a lawyer, you should be asking this question of your lawyer. It is not uncommon for prosecutors to play hardball with plea offers, steadily ratcheting up the seriousness of the crimes they are willing to let a defendant plead... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am looking at renting a place the the landlord wants to see how I currently live. Is this legal?

I live in Prince George's County Maryland. Is this legal and/or discriminary?

Mark Oakley
Mark Oakley answered on May 16, 2021

It is unusual, and weird, and a good reason to pass on this rental and look elsewhere. Not enough facts to determine whether there's any illegal discriminatory purpose in the strange request, but this does not sound like a landlord you want to be stuck in a lease with for a year.

1 Answer | Asked in Family Law for Maryland on
Q: In Montgomery County Maryland can 2 children boy and girl live in a 1 bedroom with 1 adult?
Mark Oakley
Mark Oakley answered on May 15, 2021

There's no law against it. In a custody dispute between two parents, such an arrangement (among many other factors) may be considered in deciding which parent can provide the best home environment to their children. Your question has too few facts to place it into any legal context. In poor... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I use a quit claim deed for heirs to convey their interest then later use a warranty deed to sell the property?

About 8 of us are heirs to a small piece of property in Vance County North Carolina with a value of approximately $7,000. Can the heirs convey their interest to a single heir using the quit claim process and then the single heir sell the property to a non-heir/unrelated person using a warranty deed?

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Any of that could happen, but you need to consider what needs to be done. A derivation of title clause for the heirs' source of title must be drafted and placed in the legal description. An affidavit may need to be recorded first. Quit Claim Deeds convey the estates, but Warranty Deeds also... Read more »

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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Maryland on
Q: What do we do about the person renting from our landlord who was subletting to us... stealing our money?

Mike is our landlord. Jeff rents the house from him and his name is on the lease. Jeff is subletting to me, and two other roommates. Jeff moved out but is still on the lease. We have been sending him rent money and utility money to pay the landlord and utilities (in his name). We found out today he... Read more »

Richard Sternberg
Richard Sternberg answered on May 13, 2021

It sounds to me like you need to get out in front of this with the landlord as well as the sub landlord. It might be a good idea to review the lease between Mike and Jeff to see if he had the right to sublet. It is likely that you may be evicted, and if the PEPCO bill is in your name, you might... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I need assistance with a matter. My Closing Docs., Deed of Trust, and my credit report state that I have an FHA mort.

yet my loan servicer has stated that my loan is insured by them and that I have a conventional loan. I paid UFMIP at closing and monthly MIP which is required for an FHA in my monthly statements, how can the mortgage now all of a sudden be a conventional loan? The UFMIP was close to 9k alone,... Read more »

Mark Oakley
Mark Oakley answered on May 13, 2021

Dig out your loan application and your loan approval letter(s), then look at the actual lender documents, deed of trust and promissory note your signed. That will govern. Mortgage insurance premiums can be required for conventional mortgages as well as FHA mortgages, and generally are for... Read more »

1 Answer | Asked in Business Formation for Maryland on
Q: In Maryland, can a close corp be amended or corrected to be a stock corp

Rocketlawyer.com set up my business as a close corp (their error) and they sent an amendment to the state of Maryland to change it to a stock corporation. The state of MD accepted the amendment but it still says "close" on their website. So is it possible to change a close corp. to a... Read more »

Mark Oakley
Mark Oakley answered on May 13, 2021

Electing "close corporation" status does not alter the fact that a close corporation is also a "stock" corporation, as you put it. The benefit of electing "close" status is that a smaller corporation with fewer stockholders can maintain corporate status and management... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: Retain an attorney for an Appeal of a Replevin / Show Cause hearing. The defendant is my son who has tried to murder me!

The defendant is my son who hates me enough to murder me and failed. I provided $300.00 to the purchase of the dog, "Bear", paid for over $2000.00+ medical bills, paid for all but eight? bags, of dog food, poop bags, treats, cared for him twenty-four hours a day even when my murderess son... Read more »

Joseph D. Allen
Joseph D. Allen answered on May 12, 2021

Assuming that the case was litigated in district court, an appeal could be taken to the circuit court within 30 days. However, it is not clear from the question if the time to file an appeal from the original judgment (as opposed to the decision in the contempt/show cause hearing) has passed.... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal for a 17 year old to date a 21 year old in Maryland if the 17 year old signs the sexual consent on the paper
Mark Oakley
Mark Oakley answered on May 12, 2021

The age of consent in Maryland is 16. There is no written consent form. It is still illegal for and adult to have sexual relations with someone under 18 when the adult is in a supervisory capacity, such as a teacher, coach, counselor, etc.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: 2 questions: 1. Isn't Rt 26 in Sykesville a divided highway? 2. How long do you have from when the lights start?

I can't see who was driving but the question is still the same. Rt26 appears to be a divided hwy and at 40-45 MPH 4-5 seconds is short to react. Do we have any recourse?

Scott Scherr
Scott Scherr answered on May 10, 2021

“Divided highway” means a highway that is divided into two or more roadways by:

(1) An intervening space;

(2) A barrier; or

(3) A clearly indicated dividing section constructed to impede vehicular traffic.

Md. Ann. Code, Trans. Art., Sec. 11-113.

You can...
Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I have old 1993 ticket for back side blasted back window n i still have pay to renew my license

Its i baltimore md

Scott Scherr
Scott Scherr answered on May 10, 2021

You would need to check with the MVA. If there is a flag on your license, they will not let you renew it. In addition, you can look up the charge on Maryland Judiciary Case Search to see if your license was suspended as a result of this. Eventually, you are going to have to deal with the ticket or... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley answered on May 7, 2021

The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I'm exiting a highway with traffic behind and the lights have stopped before I overtake do I have a shot contesting?

The bus was stopped in traffic with vehicles in front and behind. I was turning to exit off 140 as were a sting of other vehicles. As we approached the end of the intersection we came upon traffic which had a bus in the middle with it's lights on. The vehicle in front of me? They absolutely... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2021

Depends. Haven’t seen the video. If and when I do, I can give you an opinion. Ultimately, however, it will be what the judge thinks the video shows.

1 Answer | Asked in Small Claims for Maryland on
Q: How can I file a lawsuit against ADP for gross negligence?

For 10 months I've needed my W2/C for 2019. State tax information is wrong. 10 months and ADP keeps saying they're working on it. My employer is also responsible as well.

Mark Oakley
Mark Oakley answered on May 6, 2021

The IRS requires employers to file a Form W-2 for each employee by February 1 following each tax year. If an employer fails to send out on time, the IRS may fine the employer $50, plus penalties for improperly filing a W-2, such as providing incorrect information on the form. You may report your... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: Was pulled over after a call of dui. Was parking and hit the car in front of me trying to fit in the parking space. Cops

Came and reached in my car to turn it off, did the HGN and arrested me. I am almost deaf so I didnt understand what they were saying with their masks on. They say I had slurred speech and a faint smell of alcohol on my breath. No breathalyzer test and they say I refused 2 and 1/2 hours after my... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2021

Depending on more details, and to the extent you can prove the 2-1/2 hours and are measuring it correctly from the point the clock starts to run, and opposing contentions as testified to or documented by the police officers (and their body cams), you may have several defenses. However, it is not... Read more »

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1 Answer | Asked in Sexual Harassment for Maryland on
Q: What do i do if my girlfriend is getting sexually harassed by her ex
Mark Oakley
Mark Oakley answered on May 6, 2021

You are not the one suffering damages or wrongs in this scenario; you're girlfriend is. Therefore, it is up to your girlfriend to take action. If her ex-boyfriend's behavior is criminal, she can file criminal charges. If his behavior otherwise meets the definition of harassment,... Read more »

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley answered on May 6, 2021

Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an... Read more »

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