Maryland Questions & Answers

Q: heard after 3years I dont have to worry about my credit card debt. Heard just don't pay. What is best?

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Answered on Mar 27, 2017

You should contact a local bankruptcy attorney and schedule a consultation before you make any payments on the two older debts. If the statute of limitations has run you will be in a stronger position to negotiate a settlement. If the statute of limitations has not run making a payment may alert the creditor to the deadline. Depending on the circumstances if you settle a debt for less than you owe the amount forgiven will have to counted as income. You can search for an attorney using the...
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Q: Does Maryland law permit 2/3 of LLC members to buyout the remaining partner?

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 25, 2017

Contact a MD licensed lawyer with this question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: My brother was arrested by NSA police with one ounce of cocaine, and 5k after getting pulled over for accidentally...

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 23, 2017

I would assume federal charge. The issue is jurisdiction. If the case was on federal property or in federal territory at the time it will likely originate in federal court. The options in Maryland could be the Greenbelt courthouse or the Baltimore courthouse depending on where on I95 this happened. Possibly even in Aberdeen if this was on the military base there.

I can't speak specifically about this case without more details but it sounds like there are some facts worth exploring...
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Q: Can my son go to jail for taking a knife to school in Prince Georges County Maryland?

1 Answer | Asked in Education Law, Criminal Law, Civil Rights and Juvenile Law for Maryland on
Answered on Mar 23, 2017

It's a whole other ballgame as to what kids can bring to school. If the knife is illegal in general, then potentially YES if he is charged as an adult. It sounds like they are going to charge him as a juvenile which is not a jail situation but could be reform school or similar. In our practice of juvenile law, generally those cases work out favorably for the defendant compared with a criminal court.
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Q: are detectives supposed to read you your rights before a interview?

3 Answers | Asked in Criminal Law for Maryland on
Answered on Mar 22, 2017

Any time you are arrested and about to be questioned you must be read Miranda rights. That's the law. Otherwise the statements made could be found to be inadmissable. However there are ways the police can talk to people voluntarily, pre-arrest without needing to Mirandize.
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Q: If a property with a mortgage on it is left to one person in the will, can that person takeover the mortgage as it is?

2 Answers | Asked in Estate Planning for Maryland on
Answered on Mar 20, 2017

While there are provisions for FEDERALLY guaranteed loans that imply a death is not a 'trigger event' starting a due on sale, you still will need to QUALIFY to assume the mortgage or a revised mortgage based on the lenders underwriting guidelines.

This is a VERY complicated and technical area of law, and lenders frequently don't have the 'policies and procedures' readily available to the 'front line' people and you will receive incorrect information when you first contact many lenders....
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Q: Can I file for bankruptcy if I have a full-time job?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Mar 18, 2017

Many people file bankruptcy and have full-time jobs. Which chapter of bankruptcy you are eligible to file and which chapter will help you achieve your goals are questions that require more information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: How long after a botched procedure do I have to file a law suit against the doctor?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 18, 2017

Three years from when you discover the injury or five years from the injury, whichever is shorter.Contact a member of the Maryland Assn for Justice--they give free consultations.,
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Q: I have received a citation for using a phone while driving. (ta-21-1124(d2)). Will this show as a criminal offense?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Mar 18, 2017

It's a must appear but is simply a payable traffic citation rather than a jailable offense. You can fight this in court or pay it off. . I recommend to my clients generally to take any traffic citation to court no no matter how small because there is always the risk of points in certain violations or other penalties. Yours is under the traffic article rather than criminal article.
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Q: Why a personal injury lawyer? Can't I file a motion for reconsideration?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2017

The Maryland statute regarding reconsideration of sentence generally holds that you have 90 days to ask the court (must be in writing) from date of disposition of your case to ask the court to modify or reduce your sentence. If you file too late you may lose the right, but you could timely file and ask the court to hold the matter "sub curia" which means under the court's advisement to consider at a future time.
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Q: Can a person who was given a pbj for a misdemeanor wear, carry and transport ever get a gun license in Maryland?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2017

This should not preclude you. Here is the applicable statute which applies only to people who have "been convicted" either of a felony or a "disqualifying crime."

A person convicted of a “disqualifying crime” who possesses a “regulated firearm” is subject to a mandatory minimum sentence of five years. Md. Code Ann., Public Safety § 5-133(b)(1). A disqualifying crime includes a crime of violence, a felony, and “a violation classified as a misdemeanor in the State that...
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Q: My son was charged with two 2nd degree assault cases last year. He was given probation on both. He was never arrested

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2017

If he has an attorney, he should consult the attorney on these issues. His attorney may be able to assist with these concerns. It would be inappropriate for me to comment on his specific case facts since he has counsel on this matter except to respond generally.
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Q: I was convicted of theift over 500.00$ in 2005 my question is was that a felony conviction

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2017

IF it was theft LESS than $1000 that is is misdemeanor offense carrying 18 months incarceration (maximum) or a $500 fine. The laws may have changed since 2005 insofar as wording and penalties but I am guessing this is what you are/were looking at.
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Q: Can I petition for expungement of record for a PBJ (DUI charge 5 years ago)?

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Answered on Mar 18, 2017

Current Maryland law, sadly, does not allow for expungement of DUI PBJ's. I personally advocate for a change in the law since many other, more serious offenses for which one gets a PBJ can be expunged, but I am not a lawmaker so I wouldn't be the one deciding.
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Q: I have 3 dui's in Virginia. If I move to Maryland and get another dui, will I be charged with a fourth dui?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Mar 18, 2017

Short answer, yes. Maryland will consider all of the other DUIs as if they happened in Maryland. The statute allows for the State's Attorney's Office to seek enhanced penalties for a prior conviction. If these were DUIs in Virginia (what would be consider a DUI in Maryland) then the State can seek up to three years of incarceration, plus enhanced fines for the priors. This is very serious and you should get a strong Maryland advocate on your side if indeed this has happened. If not, you...
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Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Mar 18, 2017

The field sobriety tests are the primary tests. They allow the officer to make a determination as to whether they have probable cause to make an arrest IF the tests are properly conducted AND the officer had reasonable grounds to be able to even ask for the tests. One test not specifically part of SFTS (abbreviation for the tests) is the PBT. That is the preliminary breath test. That gives the officer an idea of a person's blow score at the time. As we tell our clients at The Law Offices...
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Q: Can my ex-husband post an audio recording and court trial on Facebook and Youtube? I had no idea I was being recorded.

2 Answers | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2017

There are potentially several criminal violations here as well as violations of local court administrative orders regarding the use of recording equipment in courtrooms. You should consult the State's Attorney's office. There also might be way to seek injunctive relief through the civil courts directing that these things be taken down. In that regard you should immediately consult with a seasoned civil attorney.
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Q: What types of things can I receive compensation for in a car accident lawsuit?

3 Answers | Asked in Car Accidents for Maryland on
Answered on Mar 18, 2017

If you sustained a bodily injury in a car accident you are entitled to recover economic and non-economic damages. Economic damages would include things like medical bills, lost wages, car rental, and any out-of-pocket expenses. Non-economic damages include things like distress, discomfort, inconvenience, pain, anguish and the like. If your vehicle was damaged, you are entitled to the cost of repair and potentially a loss of value. If you've been injured in an automobile accident, it's always...
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Q: Do you file for workers comp at work or with a state office?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Mar 17, 2017

Yes. It is particularly important to file with the workers comp commission. An attorney can help you fill out the claim form if needed. Attorneys do charge a fee unless money is recovered.
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Q: Had workers comp. They ended it after the doctor stated lm to return back to work , retured back to doctor months later

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Mar 16, 2017

Once you are MMI you are no longer temporarily disabled so the ttd checks are stopped. Until voc rehab starts there is little if any entitlement to weekly benefits. Depending on your circumstances your attorney may be able to get you paid for the period. If you have no attorney you should consider getting one

Good Luck

This content is provided for informational purposes and is not legal advice.
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