Maryland Questions & Answers

Q: Has anyone in the Maryland area ever defended a case where a police officer equipped with a body cam bumped into a

1 Answer | Asked in Criminal Law for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
Most experienced lawyers have argued probable cause at suppression hearings, and officers not being honest about the reasons for their probable cause is nothing unique. However, the body cam video will have to be reviewed in detail, and what that shows may or may not support your version of events. You should have a lawyer. The lawyer will obtain the video and review it as well as all the surrounding circumstances. If the prosecutor agreed to drop the charges in exchange for you completing a...

Q: What is a family limited partnership and how would it relate to my estate planning strategy?

1 Answer | Asked in Estate Planning for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
It’s simply a vehicle to hold assets coupled with an agreement on how to manage and distribute the assets given various scenarios. It is not typically part of an estate plan for most people, as there are usually far better methods. As far as how any particular strategy best relates to your situation, that can only be answered after a consultation with a lawyer and going over your goals, financial situation and what you want to see happen with your assets. There are many issues you will want...

Q: If my ex doesn't request to stop support at the 18th b-day, will I be responsible for repaying support received?

1 Answer | Asked in Child Support for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
If he’s not legally obligated to pay you past the 18th birthday, and does not do so as an intentional gift to you, then he can sue you to recover amounts mistakenly paid to you. I suggest you put that extra money in a savings account and simply hold it. He can sue you for up to three years after each mistaken payment is made to recover it. After three years the statute of limitations bars recovery.

Q: A surgeon who's now retired left a piece of equipment in me during surgery. Can I sue him even though he's no longer

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have complications and high damages resulting from the object and it’s removal, the cost and effort to pursue a malpractice claim may not be worth it.

Q: My dad died and had a wife. Can she take everything from the kids if they're not her biological kids but are his.

1 Answer | Asked in Estate Planning for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
She can only claim $15,000 plus 50% of everything else. The rest goes to his children in equal shares. However, any assets that were jointly titled may go 100% to the surviving owner. That includes real estate, financial accounts, etc. Also, assets like 401Ks, IRA accounts, etc., have named beneficiaries who will take the assets outside of the estate. The only assets in a person’s estate for distribution are those the person dies owning solely in their name, and which have no beneficiary...

Q: How can they hold my money if the injury occurred after the bankruptcy discharged

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Oct 19, 2018
Timothy Denison's answer
If it is a post discharge injury, they have no right to withhold your settlement. Highly unlikely that it will be withheld.

Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Answered on Oct 19, 2018
Cedulie Renee Laumann's answer
An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not uncommon to treat well water by a water filtration system that covers the house and perhaps a single reverse osmosis system under the kitchen sink. Alternatively, if the lead is coming from certain...

Q: What kind of taxes would we need to pay on any settlement we'd get?

1 Answer | Asked in Wrongful Death for Maryland on
Answered on Oct 19, 2018
Mark Oakley's answer
Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those amounts remain subject to tax. However, in most cases, the recovery is a single lump sum covering pain and suffering and other types of damages, economic as well as non-economic, so the amount is...

Q: Another driver hit me while he wasn't wearing his prescription eye glasses. Can I sue him for extra money?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Oct 19, 2018
Timothy Fizer's answer
I do not know what you mean by "extra money." If you are asking whether you can get more because he was not wearing his prescription glasses, the answer likely is "no;" you are entitled to fair compensation for your injuries, if any. You are not entitled to an additional amount to punish the driver for forgetting to wear his glasses.

Q: Who's going to be responsible for the court and attorney costs in my business dispute?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 19, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to provide a reliable response. If this dispute arose out a contractual relationship, the contract may provide an answer, or at least guidance. If you are represented, this question is best directed to your own lawyer, who should explain this to you.

Q: My adult brother has passed, our mother paid to have an apartment over his detached garage built. ($108K). 1 month later

2 Answers | Asked in Probate for Maryland on
Answered on Oct 19, 2018
Richard Sternberg's answer
There are multiple potential arguments, but you need to review all of the facts with a competent attorney. Some interesting issues to explore include whether there was a lease arising from the written communications of your mother and your brother; whether the development has unjustly enriched the estate; and whether there was an agreement that defined the work and the benefit to your mother. There may be other potential issues in elder abuse, but that sounds unlikely from the facts as...

Q: Can I get in trouble for drunk driving if I'm doing so on an account of an emergency?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Oct 18, 2018
Mark Oakley's answer
Yes. There’s no exception in the law for “DUI emergencies” call a cab or an Uber

Q: how many point for one drive license in the state Maryland

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Mark Oakley's answer
Not sure what you are asking, but if you accumulate 8 points in any 2 year period, the MVA can suspend your MD license. 12 points will result in revocation of your license.

Q: caseworker for CPS sexually assaulted a child never investigated child is now an adult can she sue CPS n caseworker

1 Answer | Asked in Family Law for Maryland on
Answered on Oct 16, 2018
Joseph D. Allen's answer
This depends on when the assault occurred, and the statute of limitations that is applicable. For more recent incidents of abuse (after October 1, 2010), the statute of limitations is extended to age 38. The older the assault is, the more restrictive the statute of limitations is. You should consult with an attorney to discuss your case.

Q: Can getting a DUI affect my job as a public school teacher?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
Are you employed in Maryland or Virginia? In my experience the answer is that it may impact your job. Usually employees are subject to background checks and every employer is different on how they treat these. A DUI in Virginia and in most states will result in a license suspension and that can impact your ability to get to and from work.

Q: Can you still park within 30ft of a bus stop on the weekend when the bus doesn’t run at all?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
I recommend that you call a skilled MD traffic lawyer who will be able to guide you in the right direction.

Q: If you get a traffic violation on provisional and plan for trial do you restart 18 months from date of ticket or trial?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
You will want to contact a skilled MD traffic lawyer. Many of these lawyers will offer a consultation over the phone to explain what they may be able to do for you.

Q: Received ticket less then 12 months after receiving PBJ. What should I do?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
Contact a skilled MD traffic attorney and hopefully they can guide you in the right direction.

Q: My husband filed divorce and it was finalized in May. I never signed the papers. Could I ask for alimony?

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Answered on Oct 15, 2018
Elizabeth Pugliese's answer
Your deadline to respond was 30 days after you were served -- whether you had an attorney or not. Once the divorce is final, you cannot go back and ask for alimony.

Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Answered on Oct 15, 2018
Kevin Flynn's answer
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office Action in a few months. Your ability to license this will be markedly different once you have a notice of allowance or an actual issued patent versus a mere provisional filing.

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