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Maryland Questions & Answers
1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Can i get in trouble for giving my friend another friends dog when he adked me to care for it till he got back from army
Mark Oakley
Mark Oakley answered on Jul 2, 2020

First, you cannot legally "give away" something you do not own, so whatever friend has received the dog does not have a legal right of ownership over the dog. The owner has every right to retrieve his dog. Alternatively, he could sue you for the fair market value of the dog, whatever... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does Maryland U.C.C. apply to used vehicles? Can a used vehicle be returned within a few days of purchase?
Mark Oakley
Mark Oakley answered on Jun 30, 2020

Two different questions. The UCC generally applies to the sale of goods, so in that respect, it applies to the sale of a vehicle, but only if the transaction involves at least one party that is a "merchant" as defined under the Code--which means, a person or entity in the business of... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: A copy of my granddads will was filed in md leaving every thing to me and my sister. Is it valid. It was witnessed by 2

It was filed by his ex girlfriend who stole it from his house. He had it signed and witnessed by two people on 20006. Is it legal

Mark Oakley
Mark Oakley answered on Jun 30, 2020

Well, if it was signed by your grandfather, in the presence of two witnesses, who also signed the will in their and his presence, then the signature requirements of the law are satisfied for making a valid will. Whether the document as a whole makes a valid will cannot be determined by the facts... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: can any court anywhere in the us skip arraignment preliminary and pre trial hearings and go straight to trial?
Eric Todd Kirk
Eric Todd Kirk answered on Jun 30, 2020

I'll only speak to Maryland since that is where you appear to be located. For crimes prosecuted in The district Court of Maryland, the only court date is typically the trial date. Any pretrial motions are addressed on the day of trial.

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3 Answers | Asked in Criminal Law for Maryland on
Q: I have a second degree assault charge with PBJ. On probation for three years. How long until I can get it expunged?

I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?

Eric Todd Kirk
Eric Todd Kirk answered on Jun 26, 2020

A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:

(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse...
Read more »

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1 Answer | Asked in Environmental for Maryland on
Q: Is the structure of this gifting savings plan (sou sou) legal?

Week 1: Gift $500 to the group (not the person who shared it with you)

Week 2: Share with two others who do the same

Week 3: Do nothing

Week 4: Receive a gift of $4000 from the group

Mark Oakley
Mark Oakley answered on Jun 24, 2020

No, it is a classic Ponzi scheme, which is illegal in most if not all states, certainly in Maryland.

1 Answer | Asked in Banking for Maryland on
Q: Can I press charges if I was given a fake check which took me a $30 stop payment fee check after cancelling the deposit?

Some men messaged me. He told me he'd give me an "allowance" and he said we needed to do a test in for him to know that he can trust me. He sent me a check and told me to deposit it and I did. Then I got scared and after doing some research I realized that he was doing a popular... Read more »

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Call the police and provide the email address, telephone numbers, names, whatever it is you have. My guess is the scammer is too smart to use anything traceable back to him, but that's an issue for the police to figure out.

1 Answer | Asked in Foreclosure for Maryland on
Q: Can they auction off your home without sending out a letter or any type of notification
Mark Oakley
Mark Oakley answered on Jun 24, 2020

No. The statutory and procedural rules all require notice. Your Due Process rights under the federal and state constitutions also require notice and an opportunity to be heard before adverse action is taken against you or your property taken away.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can eather parent take kids out of state while divorce is in process . no custody order in place yet .

We both have custody rite now we have equal time with them every week

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Until there is an agreement or order issued, there is no legal restriction on either parent taking the children out of state for a vacation, trip or other temporary visit. However, if there is an active case pending, you cannot relocate the children's residence and then try to switch... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: With me pleading guilty on 2/21/2013, to CR.7.105, does this prevent me from owning/possessing a firearm
Robert C. Bonsib
Robert C. Bonsib answered on Jun 22, 2020

Yes. If you plea guilty to motor vehicle theft - CR 7-105 - that is 5 year felony and you are prohibited from possessing a firearm.

1 Answer | Asked in Foreclosure for Maryland on
Q: Should a home owner get a letter stating when and where they are going to auction your home before they can
Mark Oakley
Mark Oakley answered on Jun 22, 2020

Yes. If you are on the title, you are entitled to notice of all proceedings.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I have agreement and bill of sale but his accountant didn't make promissory note . can also sue him for legally fee too.
Mark Oakley
Mark Oakley answered on Jun 22, 2020

Sue who? Did you sell the business or buy it? His accountant works for him, not you. You don't have an agreement with the accountant. You can't sue the accountant. If you are owed money and sue, it is for breach of contract. Legal fees are only allowed if the contract says they are.... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My aunt and uncle are deceased. They have one living son. Property has never changed names from aunt and uncles.

My cousin would like to sign property over to me. They had no will. What steps need to be taken to do this. Property has no liens or mortgages. I have paid land taxes for over ten years.i live in the property and have all my life. Cousin has no interest in owning home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 22, 2020

An estate will need to be opened. If a married couple owned the property as "tenants by the entirety" when the first one died, title should have gone to the survivor of them. (If they owned title differently there may be a need for two estates).

In many cases an estate will...
Read more »

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1 Answer | Asked in Uncategorized for Maryland on
Q: My work closed march 13th covid Boss paid reduced pay through June 15 Said we cant file unemployment until june 16

Unemployment said since we did not physically work the mo eye was a donation and we still can get unemployment because it is considered special pay but boss said we cant file until june 15 even though work stopped march 13 due to covid

Mark Oakley
Mark Oakley answered on Jun 21, 2020

You should not rely on the non-legal opinions of your employer for the legal interpretation of when and if you are entitled to unemployment benefits. You may be entitled to partial benefits if you worked but your hours were reduced from full-time, or your pay was reduced. You would be entitled to... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Buyer stop payment on business. 1st payment clear but 2nd stop. Reason normal wear and tear. Location. MD.what my rights

Payment start on may 2020. Business sold on 02/29/2020. First check clear and 2nd stop . Reason he hold my check because he has issue with POS,sink, AC.

Mark Oakley
Mark Oakley answered on Jun 21, 2020

There should be a buy-sell agreement, and I assume a promissory note securing payment of the terms of purchase. Those documents govern your remedies. Take them to a lawyer to review. Unless he is arguing intentional fraud or concealment of material defects in the property owned by the business... Read more »

2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Maryland on
Q: In maryland can my brothers wife ( pending divorce). Take the home of his deceased parents?

My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »

Mark Oakley
Mark Oakley answered on Jun 21, 2020

No. Property which one spouse inherits alone is not marital property subject to division with the non-inheriting spouse. The only scenarios where your cousin’s spouse could make a claim are (1) if your cousin were to add his wife to the title; or (2) if your cousin were to make mortgage payments... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Bought a used car and was given an I owe you for repairs. Haven't made any progress a month later. Deferred down payment

I was not informed about having to pay a "deferred down payment" the same day as my first monthly installment payment. Is there anything I can do?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Naturally you would get all parts of an agreement regarding this major purchase in writing, so you just need to refer to your written agreement to see what your rights and obligations are. If you did not get a written agreement, I guess the next question is: "Who is the registered owner of... Read more »

2 Answers | Asked in Immigration Law for Maryland on
Q: If I was to marry my fiancé of 2 yrs who is a US citizen but is on parole, will that affects me getting a green card?
Stephen Arnold Black
Stephen Arnold Black answered on Jun 20, 2020

It most likely will not unless his criminal history involves a crime under the Adam Walsh act. Also if he’s not currently employed, he can still sponsor you but he may need to enlist a joint financial sponsor who meets the minimum income levels to act as a joint sponsor.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I have a question about filing a small claim against my apartment complex and want to know if you think I have a case.

Long story short, the residents that live under me had a leak and maintenance had to knock down the way under my sink. This happened 6/10. Since then, I have had a bird (an outside side bird) come in through the hole in the wall, in which I have contacted the rental office about. I have tried to... Read more »

Mark Oakley
Mark Oakley answered on Jun 20, 2020

Forget the small claim action, unless you pay out of pocket to have the bird removed. Document your complaints in writing to the landlord and demands to address the two outstanding issues. If they do not respond reasonably quickly, file a rent escrow action in the district court. A rent escrow... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: What are the requirements to gain full custody of your child?
Mark Oakley
Mark Oakley answered on Jun 20, 2020

Maryland follows the “best interests of the child” standard in deciding whether to award one parent primary legal or residential custody, or shared legal, or shared residential, and the extent of each. You file a complaint for custody, serve it on the other parent, and follow the court... Read more »

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