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Maryland Questions & Answers
1 Answer | Asked in Traffic Tickets for Maryland on
Q: can I get my speeding ticket thrown out if the officer wrote the ticket to my old license.

My provisional license has a different identifier number to my drivers license. So in theory can the ticket get thrown out if the officer recorded my license number incorrectly.

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

No, this is not a defense to the charge. However, I would still recommend that you request a trial and not a waiver hearing. Sometimes the police officer does not appear. Even if the police officer does appear and you are convicted, the judge can offer probation before judgment which avoids the... View More

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Maryland on
Q: Looking for Guidance on Sale of Microsoft PowerPoint Templates

I am looking to operate an online business where I sell online courses and PowerPoint templates as materials with the course. I have seen that a Microsoft Office Home and Student license is not allowed for commercial purposes.

Questions List:

1. Is the Microsoft Professional license... View More

James L. Arrasmith
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answered on Feb 21, 2024

1. The Microsoft Office Professional license may indeed be suitable for distributing materials such as online courses and PowerPoint templates for commercial purposes. However, it's essential to carefully review the terms and conditions of the license to ensure that it allows for the specific... View More

1 Answer | Asked in Family Law for Maryland on
Q: My lawyer is incompetent and is ignoring my calls repeatedly. Is there any recourse or help with this?

Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

If the attorney-client relationship is not repairable due to the attorney, and you have a pending case/guardianship matter, you should contact a competent family lawyer right away. It is possible that if you explain the situation, they will work with you regarding attorney fees. You will want to... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I get free legal assistance in selling my fathers inherited house.
Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

Possibly! It truly depends on your situation. There are plenty of free and low-cost legal resources around the Maryland area. I first suggest that you consider reaching out to Maryland Legal Aid. Additionally, the Maryland Court system has catalogued several free and low-cost legal services on... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland can you be charge with both 5.612 and charge 5.602 together or will the two merge into one

CR.5.612 Charge description: CDS possession-large amount

CR.5.602 Charge Description: CDS possession W/I Distribute Narc

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

They do not merge because the two offenses have separate elements, specifically, the possession of over a specific weight or amount of CDS is a separate element of that offense, which is not present in the possession with intent to distribute charge, if it does not contain the same enhancement... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Good morning If the landlord doesn’t have a renters license what legal action can I take or what rights do I have

Landlord is asking me to vacate property by February 29, 2024

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Rental license laws are local to the county (or City of Baltimore) where you live, and vary from jurisdiction to jurisdiction. Without knowing your location it is difficult to be clear on what laws apply. Also, the type of rental unit matters. Renting a room in someone’s house with a common... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Q: Can a video be posted

I was recorded on video tape taking a tablet at the gym. I returned it.

the tablet has been there for over a week I thought it was a forgotten item.

Can the video be posted? On social media

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

You were in a publicly accessible place, not in a place where you had an expectation of privacy. So yes, it could be posted. However, if the posting intentionally or suggestively puts you in a false light, such as accusing you of being a thief, you might have a defamation of character claim, and... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: I am one day away from closing on a home, but no longer wish to move forward with the purchase.

What type of penalties might I face or right to back out at this point in the process?

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

The obvious one is forfeiture of your earnest money deposit (EMD). It is possible you would be sued to specifically enforce the contract and force you to buy it, but that is a long expensive suit that will tie up the sale until it’s over and the seller would prefer to just sell their home—so... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 13, 2024

Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

If this is the primary asset and all estate assets are being distributed to a spouse or lineal heirs (children, grandchildren, siblings, parents) there are no inheritance taxes, and no estate tax for estates having a value below $5,000,000. For calculating estate value for estate tax purposes,... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Regarding detective leave card on my door

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a detective has contacted you regarding harassment calls traced back to your house's IP address, it's crucial to take this seriously while also understanding your rights. Legally, charging someone with harassment requires evidence that the individual intentionally participated in the... View More

1 Answer | Asked in Internet Law for Maryland on
Q: Would like to know how to get a court order to remove personal info written in a news article that I never consented to?
James L. Arrasmith
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answered on Feb 2, 2024

To seek a court order to remove personal information from a news article that you never consented to, you would generally need to pursue a legal process involving defamation or invasion of privacy claims. Firstly, consult with an attorney who can assess the specific circumstances of your case and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty in Maryland to working without a contractor license

I have plead guilty my lawyer filed a motion within 90 days for reconsideration I want ti get my guilty plea changed from guilty to PBJ its holding me back and I can’t get this other charged due to this if someone can please help me it would be greatly appreciated thank you

T. Augustus Claus
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answered on Feb 1, 2024

If you've already pleaded guilty to working without a contractor license in Maryland and your lawyer filed a motion for reconsideration within the 90-day window, you've taken the initial steps to address the situation. However, changing a guilty plea to a Probation Before Judgment (PBJ)... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty to working with a contractor license in Maryland 2023 my previous lawyer filed a motion for

Reconsideration within 90 days I was ordered to pay restitution which that will be paid off within 90 days what is my chance of convincing the judge to switch the guilty plea to a PBJ and what is my chances I am trying to change my life and this charge is preventing me from getting another charge... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Need to know more about your other charges and criminal history. But ordinarily, there is a reasonable expectation that a judge will grant reconsideration and convert your guilty conviction to a PBJ, assuming you perform well on probation and comply with all conditions. If this sentence just... View More

1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
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2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: My wife came to US on DT visa and we got married and I am a US citizen and applied for her marriage based green card,

But the wait time could be 18 months before she can get her green card, and the second court hearing is due on March 21, does she still need to file for asylum? Do we need to tell the judge on the second hearing that we are married and filed 485 form?

James L. Arrasmith
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answered on Jan 29, 2024

It's important to consider that your wife's situation involves multiple aspects of U.S. immigration law, which can be complex and situation-specific. If your wife entered the U.S. on a DT visa and you, as a U.S. citizen, have applied for her marriage-based green card, this is a... View More

2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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