Maryland Questions & Answers

Q: Are sobriety checkpoints legal in Maryland?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jun 22, 2018
Mark Oakley's answer
Yes, they are legal in Maryland and the Supreme Court has ruled that the safety considerations of removing drunk drivers from the roads outweigh the harm of random stops without probable cause.
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Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Libel & Slander for Maryland on
Answered on Jun 19, 2018
Elizabeth Pugliese's answer
Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.
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Q: Will having kids affect any part of the bankruptcy filing equation/means test?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Jun 18, 2018
Timothy Denison's answer
Yes. The children raise your household income allowance as dependents and help you with the means test. Claim everyone sent you have in calculating the means test for household family size, income and average.
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Q: Does a statute of limitations start from the date of the procedure or when I began feeling ill?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jun 18, 2018
Thomas Neary's answer
It depends upon the facts of the procedure and results. In some cases, it does begin on the date that you are aware of the malpractice which can be the date you began feeling ill in some instances, but you need to look at the specific facts of the case to determine which one applies.

You may want to consult with an attorney to go over the details and get a clear answer based upon all the facts.
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Q: I am unhappy with the insurance settlement I got from a car accident. Is there a way to appeal for more money?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Jun 18, 2018
Thomas Neary's answer
Hi there, sorry you are unhappy with the insurance settlement. The answer to your question depends upon what you mean when you write "insurance settlement". If this is a personal injury settlement that you agreed to and signed settlement papers, it will be argued that you are bound by the settlement and waived any right to further compensation. If you received compensation for property damage or this is an offer, then your rights are different.

I would recommend that you go over...
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Q: I inherited a property with my mother living there, i want to live there and she wants to remarry and stay... ?...

2 Answers | Asked in Estate Planning for Maryland on
Answered on Jun 16, 2018
Mark Oakley's answer
You’ll need to take the will and trust language to a lawyer to review. If your mother was granted a life estate in the house, then she can live there and have a live-in boyfriend. If something less than a life estate, it will depend on the language, but generally if there’s no prohibition then she probably is free to have him there. It may be that she does not have exclusive rights to the house, such that you and your family could move in. If that’s the case, it’s whomever gets fed up...
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Q: How long can seller legally keep my ernest money deposit if the deal fell through because of financing

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jun 15, 2018
Mark Oakley's answer
Is this a real estate transaction? Did the sales contract have a financing contingency? The rights to the earnest money deposit is defined in the contract and by law. If the contract is not clear, or if the seller refuses to release the deposit despite whatthe contract says, then call a lawyer.
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Q: a lender told me that he would lend me $100,000 and after all the fees I would get 76,000 does this sound right

1 Answer | Asked in Consumer Law for Maryland on
Answered on Jun 15, 2018
Mark Oakley's answer
It sounds like predatory lending. It’s a lousy deal. Don’t do the loan.
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Q: Who can file a wrongful death lawsuit in Maryland?

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Jun 15, 2018
Mark Oakley's answer
Any person within the class of persons permitted to file under the wrongful death statute. Basically, those persons are: the wife, husband, parent, and child of the deceased person. If there are none of those, then any person related by blood or marriage who was substantially dependent upon the deceased. If an eligible person files suit, they must notify and serve all others entitled to make a claim and allow them to join the suit and share in the recovery. No court may permit a recovery...
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Q: How long can seller legally keep my ernest money deposit if the deal fell through because of financing

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jun 13, 2018
Richard Sternberg's answer
By seven months, you probably need to enforce your rights either pro se or with an attorney. Depending on the size of deposit and who is holding it, you might pursue it in small claims court. In certain circumstances, depending on the terms of the contract, a lawyer might be able to break the funds free with a well-researched demand letter.
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Q: Can my sons father be granted joint custody even though I've been son's sole provider since birth?

1 Answer | Asked in Child Custody for Maryland on
Answered on Jun 13, 2018
Mark Oakley's answer
Florida does not have jurisdiction to decide custody or child support if your son resides with you here. You should go down to the circuit court and file for custody, you also need to consult a lawyer about challenging jurisdiction in Florida. The Uniform Child Custody Jurisdiction Act has been adopted in every state, and should be applied the same way in both Florida and Maryland, so that the Maryland court will control the case. If the child’s been with you here so long, it is very unlikely...
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Q: What is the statute of limitation on Parking Violations in the state of Maryland? I received a letter from a collection

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Jun 13, 2018
Mark Oakley's answer
The statute of limitations has to do with the time between the date of the violation and the date the citation is issued. Once the citation is issued, the statute is satisfied. For traffic and parking violations the limitations on issuing a citation is one year from the date of violation. In your case, the citation appears to have been timely issued for the violation 12 years ago. Once you failed to pay it, a fine was imposed and has been outstanding ever since. If it was a parking ticket,...
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Q: My boyfriend is filing for a visitor's visa to come here to Maryland. I was wondering if I had to provide anything

1 Answer | Asked in Immigration Law for Maryland on
Answered on Jun 12, 2018
Carl Shusterman's answer
He can apply for a visitor's visa without any assistance from you.
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Q: When someone passes away, what do you do with the will?

1 Answer | Asked in Estate Planning for Maryland on
Answered on Jun 12, 2018
Mark Oakley's answer
You take it to the Register of Wills Office in the circuit court of the county where the person resided at the time of death. Generally, an estate is opened and any assets will be distributed in accordance with the will, by the personal representative/executor appointed under the will. The PR accounts to the court for all that the PR does. There are forms available at the Register of Wills and specialists who will meet with you to help you fill out the forms and do all the things necessary...
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Q: Can my husband and I file joint tax returns, even if we are legally separated?

1 Answer | Asked in Divorce for Maryland on
Answered on Jun 12, 2018
Mark Oakley's answer
Yes. This is not a legal question. Talk to your accountant to determine whether you would be better off filing married but separate, as opposed to a joint return. Talk to a lawyer to discuss what you should be doing to address your separation and your marital property and support rights.
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Q: Can you make a U-Turn on a No Turns sign?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Jun 12, 2018
Mark Oakley's answer
Not legally, no.
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Q: Am I responsible to repay money my 17y/o child stole from his fathers coworker, even though it happened at his home?

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Answered on Jun 9, 2018
Mark Oakley's answer
A juvenile court judge can order a parent of a minor child to pay restitution to a crime victim, upon conviction of the minor child in juvenile court. If your son has not been charged and found guilty, then you should not respond to any demands for payment from your ex or the co-worker. If you’re sued in small claims court, call a lawyer.
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Q: Me and my husband have had his daughter living with us for 12 years. We are married. Her biological mother hasn’t had

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Answered on Jun 9, 2018
Mark Oakley's answer
This is a very complicated matter, and not possible to fully address on this forum. Maryland should retain jurisdiction over the custody issue under the Uniform Child Custody Jurisdiction Act, but you may have to file an action in Michigan to force the return of your husband’s daughter. Consult an experienced lawyer in MD.
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Q: PA regular license and got speeding ticket in MD for going 74 in 65 limit zone. First traffic offense.

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Jun 9, 2018
Mark Oakley's answer
1-9 mph over limit is a 1 point offense in MD, and when the officer cites at exactly 9 over this usually indicates he gave you a break and reduced your actual speed to the 1 point range. If this is the case, some judges won’t give you a further break if you plead guilty or are found guilty at trial. On the other hand, with a clean driving record, many judges will grant a “probation before judgment (PBJ)” which has the effect of striking the guilty finding and you get no points and it...
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Q: My ex is ordered to pay CS. After 15 yrs, my ex decided to start making checks payable to my son, now 15

1 Answer | Asked in Family Law for Maryland on
Answered on Jun 8, 2018
Mark Oakley's answer
File a motion to enforce the child support order and to determine the amount of the arrearage, and to reduce the amount to a civil judgment. You may, if you want to, join with that motion a motion to hold your son's father in contempt of the court order that directs him to pay child support. The contempt finding would hang the threat of jail over your ex's head if he has the ability to pay some amount toward the arrearage and ongoing support payments, but fails to do so. You'd be surprised...
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