Maryland Questions & Answers

Q: as alternate beneficiaries of a will in md can you list both children and grand children

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on May 29, 2017

Yes, but every time I've seen this done by a lay person using some Internet form, they've done it incorrectly, and I quietly hope to get one of the sides of the eventual litigation. It is important to distinguish between beneficiaries and contingent beneficiaries, as well as between per capita and per stirpes descent.
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Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on May 26, 2017

The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the sentence.
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Q: If my child was investigated as a victim of a child abuse case in school, should the school relay specifics to parents?

1 Answer | Asked in Sexual Harassment, Criminal Law and Family Law for Maryland on
Answered on May 26, 2017

They are supposed to contact the parents of the alleged abused individual. Parents are to be notified depending on what kind of school and what level of school this was.
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Q: I just found out VA has a hold on my license

1 Answer | Asked in DUI / DWI for Maryland on
Answered on May 26, 2017

You should have been contacted by the police if that were the case. We you a driver then? Contact my office and I can look up for you to see if there's anything on CaseSearch...
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Q: I am in a dispute with my neighbor.

1 Answer | Asked in Civil Litigation for Maryland on
Answered on May 26, 2017

That is a really hard question to answer without more details (which is probably why no one has answered it for you). But if you provide more details, I will try to give you a better answer.
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Q: Aren't bedsores always a sign of nursing home abuse? The home where my mother is residing says no, but I can't be sure

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017

Not always. Bedsore can occur. The question is how the nursing home deals with the bedsores. It is rare that a significant life-threatening bedsore will occur in the absence of negligence.
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Q: If you want to fight the ticket will you go to jail?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on May 26, 2017

You need to provide more information. But the answer is almost invariably going to be no.
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Q: If there is no sign or yellow line near the fire hydrant, will I be able to fight the ticket?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on May 26, 2017
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Q: How long can you be on temporary total disability?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 26, 2017

The short answer is there are a lot of factors that play into this. The payments are for a temporary basis so not to last permanently. Depending on the severity of the injury, amount of treatment, what doctors are recomending, and other factors, an injured worker could conceivably be on ttd for years. The reality is that most workers comp insurers will not let this happen without a fight.

If you have not obtain legal counsel it may be a good time to consider doing so. Consults are...
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Q: My neighbor has been harassing me and my fiancé. My landlord hasn't remedied the situation

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on May 26, 2017

I can't imagine what the cause would be for terminating your lease. You not getting along with your neighbor is unlikely to be a condition in your lease. But the language of that lease will be controlling.
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Q: In Maryland, is an email binding if there is already a contract in place on the sale of a house

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Answered on May 26, 2017

The emails are not going to be controlling. It is hard to answer a lot of these questions without actually seeing the contract. Is it standard contract used by a major realtor or did you draft it yourself? It sounds like you contract is voided by lack of performance but it is hard to speculate too much without seeing the contract.
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Q: How can I prove that my aunt shouldn't have been walking alone before she experienced a severe fall at her nursing home?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017

Tough question to answer without more facts. Why should she not have been walking alone? Did the nursing home assess her as a fall risk?

Usually, when these cases are won it is because the nursing home failed to follow their protocols (or what should have been their protocols) by properly assessing the resident and taking the appropriate precautions.
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Q: How would I pay medical bills while an injury lawsuit is pending?

3 Answers | Asked in Personal Injury for Maryland on
Answered on May 26, 2017

There is no easy answer to this question. There is often a lag between bills and compensation. You can often get health care providers to hold off collection if you have a pending personal injury claim. But there are no guarantees.
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Q: Case number error?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on May 26, 2017

Malpractice lawsuits are not on the case search website because they are filed in Health Claims and then typically transferred to Circuit Court. Do you have a lawyer? Why not just ask your attrorney?
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Q: Follow up question,on my Dentist not performing a simple filling correct & this caused me couple of thousands dollars.

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Answered on May 26, 2017

I don't think someone putting money back into your account really requires your advice and consent. It does not limit you options to bring a claim in any way.

There are not enough facts to understand your claim and your options.
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Q: I had a different medical outcome than my doctor said I would. Is this malpractice?

2 Answers | Asked in Medical Malpractice for Maryland on
Answered on May 26, 2017

No. Bad outcomes are not malpractice. Malpractice is when the doctor makes a mistake that causes injury.
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Q: Do you need to have a written agreement in place with a nursing home to take action against them for wrongdoing?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017
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Q: Is it legal for an employer to decide not to offer me a job after doing a background check and seeing that I have a

1 Answer | Asked in Bankruptcy for Maryland on
Answered on May 26, 2017

While the bankruptcy code prevents discrimination regarding this situation , it would be very difficult to prove.
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Q: Is postconviction relief the same as appealing a case.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on May 25, 2017

Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are in for a new trial (de novo appeal) or on certiorari if the case is a Court of Appeals case
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Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

1 Answer | Asked in Criminal Law, Banking, Broker Fraud and White Collar Crime for Maryland on
Answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
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