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Maryland Questions & Answers
1 Answer | Asked in Immigration Law for Maryland on
Q: Do I have to return home to complete F-1 visa application?

I've been in the US on vacation with aB-1 visa for 2.5 months now and with encouragement of my sis decides to study for my masters degree. Do I have to return to my home country or can I complete the process while remaining in the states?

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change your status from from B-1 to F-1 status without having to leave the US. You will need to get acceptance into a University or College. If you change status while being in the US and decide to leave the US at some point (for instance visit your family), to come back to the US you will... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Do the court provides an Oath taker and Court Reporter that is certified with the courts?
Mark Oakley
Mark Oakley
answered on Jun 28, 2022

In proceedings like trials and merits hearings where testimony is being taken by the litigants or witnesses, all persons testifying are sworn under oath by the clerk seated to the side of the judge prior to testifying. Court reporters have been replaced with electronic recordings using sensitive... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Me and my ex split two weeks ago, we bought a dog together and she will not let me see him, do I have rights to see him?
Scott Scherr
Scott Scherr
answered on Jun 27, 2022

Dogs are considered personal property under the law. The owner of the dog is the purchaser. Evidence could include the name on the bill of sale, the name listed on the veterinarian's records, etc. Courts do not get involved in "visitation" issues for pets.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Maryland on
Q: What can be done to remove IID and fight back against the injustice of the police system? We live in MD.

We live in MD and my family was stopped for a routine traffic stop back in January. It was my husband, 14-yr old son, and I in the car with my hubbie driving. We were not far from home just coming from a quick dinner. As we were traveling downhill, we were followed then pulled over for speeding... Read more »

Mark Oakley
Mark Oakley
answered on Jun 25, 2022

It’s impossible to advise you based solely on these facts. Your husband needs a lawyer, and the best thing he can do is hire a good criminal defense lawyer. The lawyer will obtain all the discovery from the prosecutor and can better analyze the situation.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if someone steals your identity to break the law?

I have been a victim of identity theft as someone has stole my identity to break the law and avoid the police. The suspect was taken into custody, and now I have charges on my record. What do I do to resolve this and get the charges from appearing on my background? How do I get an expungement? The... Read more »

Scott Scherr
Scott Scherr
answered on Jun 24, 2022

You will need a Virginia attorney to help you with this since the charges were filed in Virginia. Contact an attorney in the town of Virginia where the occurrence took place.

1 Answer | Asked in Contracts and Estate Planning for Maryland on
Q: Can I, sole beneficiary, take control of my Maryland GST from my still living dad due to breach of fiduciary duties?

I was not informed a GST with me as the only beneficiary, existed until my cousin recently lost her mother (my aunt), and she sent me the paperwork from the GST now that her and her brother are dissolving theirs(other half of the original trust).

I have severe health issues including a... Read more »

Mark Oakley
Mark Oakley
answered on Jun 23, 2022

A beneficiary of a trust has the right to obtain a copy of the trust and receive an accounting of the assets, to include investment performance of the assets and transactions in and out of the trust. Your starting point should be a written demand on the trustee for both of these things. Upon... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: how do you sue a condominium association in maryland? The president lives out of state.

The condo documents filed in 1982 list a resident agent, but his wife indicates that he has had no contact with the association since 1982 and suffers from dementia.

Richard Sternberg
Richard Sternberg
answered on Jun 23, 2022

You can look up the resident agent at SDAT, since it was likely updated when the entity filed annual reports, or you can serve an officer, or you can serve SDAT if there is no resident agent, or you can move the court to grant substitute service. You start by reading the rules of civil procedure.... Read more »

1 Answer | Asked in Collections for Maryland on
Q: I rec'd a Writ of Summons to appear in district court of Maryland for a debt collection.

The Date Filed: 11/09/2020; Issue Date: 09/08/2021 almost a year later. Is this considered a serious delay that would help my case?

Mark Oakley
Mark Oakley
answered on Jun 22, 2022

Not likely. Delay alone is not a defense. You would have to show some inordinate and unreasonable delay that resulted in actual prejudice to your ability to defend the case as a result of the delay. This can happen in cases where a case is delayed for so log that an essential witness has died,... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex put me on his deed in N.C. In 2008. In 2011 did a gift deed my name is still on it unknown to me do I have legal ?

This was all done without my knowledge or even being notified I know as far as nc register of deed has me as a grantee the gift also has my name. I honestly don’t know what to do with this info Any advice

Richard Sternberg
Richard Sternberg
answered on Jun 21, 2022

Consult NC counsel. You probably have substantial rights.

1 Answer | Asked in Divorce for Maryland on
Q: Im planning marriage. no children. I own houses and large bank accounts. she has zero. if divorce is this protected

i trust her after dating 12 years but I was planning on a prenup and she wont sign.

Mark Oakley
Mark Oakley
answered on Jun 21, 2022

Property acquired before marriage is not subject to division as marital property in divorce, so long as you can prove the property pre-dated your marriage and was not in part paid for or contributed to with funds earned after you married, which would result in converting at least some portion of... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: After being held for 4 months, why would one codefendant be held and the otherbe released on recognizance in Maryland?
Mark Oakley
Mark Oakley
answered on Jun 21, 2022

Rather than expect a long list of hypothetical reasons, I suggest that you add more factual circumstances and context to your question, as it is impossible to answer that question in a vacuum. Release on bond is based on many factors having to do with the nature and seriousness of the charges, the... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: If someone passed intestate in MD can their real estate property be put up for action prior to court granting sale
Mark Oakley
Mark Oakley
answered on Jun 19, 2022

A property can be foreclosed upon. The personal representative of the estate can sell the property. You need to provide more details and context as to how and why the property is up for auction.

1 Answer | Asked in Child Custody, Education Law and Internet Law for Maryland on
Q: Can I seek financial retribution from child academy for forwarding emails to other parent in custody battle situation?

The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... Read more »

Mark Oakley
Mark Oakley
answered on Jun 18, 2022

Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an... Read more »

1 Answer | Asked in Construction Law for Maryland on
Q: From what date does stat/lims run on final bill on home construction issued 2+ yrs after Subst’l Completion or any work

It is a MD project using AIA Document A105. Would the SOL apply to bar collection if a final invoice is not issued until 3+ yrs after CO issued and last work on the project?

Mark Oakley
Mark Oakley
answered on Jun 17, 2022

Typically, the SOL will run from the date of last performance of work or delivery of materials to the project, but contractual language may vary the due date of payment (like language that states payment is due 30 days after invoice, so the SOL starts there upon breach of the obligation to pay 30... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I need the best lawyer for an expungement for a 1993 B&E and numerous charges that followed it making it a felony

I was a senior in high school and unfortunately was 18 and charged with some charges that I need to have expunged. It’s been over 20 years but it’s still haunts me I have my masters now and would like to have it taken away from my background.

Mark Oakley
Mark Oakley
answered on Jun 17, 2022

Expungement is something the statute allows or disallows depending on the specific sections of the code your offense is charged under, so the skill of the lawyer plays little part, although a good lawyer can research your particular charges to confirm whether they are eligible for expungement.... Read more »

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1 Answer | Asked in Personal Injury for Maryland on
Q: Can I file a lead poisoning lawsuit at the age 21 and get compensated
Mark Oakley
Mark Oakley
answered on Jun 16, 2022

Setting aside the difficult question of proving that your elevated blood-lead levels resulted from exposure to lead paint in a specific home growing up, and the extent of any cognitive or developmental impairment, if you are claiming damages for lead poisoning that occurred before your 18th... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have squatters living next door for a year. Their waste water is entering my basement. How can I remove them?

The original owner died and the home was vacant. Can I use the nuisance property ordinance to remove them?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 15, 2022

Actually a common issue in the City. In past cases, we have sued the owner (in your case, the estate or heirs of the property) for nuisance and injunctive relief. You can also press the City Solicitor's office and Dept. of Housing to press regulatory claims against the owner, or to initiate a... Read more »

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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Maryland on
Q: Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase. What do I do??

Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase.

I went to buy a service vehicle from Annapolis Hyundai. I liked the car decided to continue with the purchase. I signed a printed paper with the cars VIN, price, and other details. No sentences... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Express your dissatisfaction to the sales manager; ask for a discount for the extra miles and wear and tear on the car; or cancel the purchase if whatever you signed allows you to cancel (it is unclear whether you signed a binding contract to purchase or not). Maybe ask to purchase a different car... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: My ex took away my son from me years ago. We never had an agreement set up on child support. Now she is finally giving

Me visitation so I have agreed to start paying again. If she takes away my visitation and doesn’t let me have him a couple days week and I take her to court, can she get me for back child support?

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

The court can only order back child support dating back to (1) the date a petition for child support was filed in the court; or (2) in the case of an existing child support order entered in the past, back to the date child support was not paid during any eriod that the existing child support order... Read more »

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