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Maryland Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... Read more »

2 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Maryland on
Q: Do arbitrators intervene in appeal of arbitration awards?

I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?

Charles William Michaels
Charles William Michaels answered on Aug 16, 2020

No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?

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1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

Eric Todd Kirk
Eric Todd Kirk answered on Jul 31, 2020

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... Read more »

Mark Oakley
Mark Oakley answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: How and when a inmate should be able to file for an appeal.
Charles William Michaels
Charles William Michaels answered on May 5, 2020

You have up to 30 days from the final judgment of the trial court. No more.

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 3, 2020

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Maryland on
Q: Can the Maryland Circuit Court award monetary refund of expenses and District Court fines in a successful appeal of ..

.. an Automated Traffic Camera citation? County video evidence shows citation was issued in violation of MD Code §21–202.1. (b) (2) [Oct. 2018] but was not addressed by District Court Judge.

Mark Oakley
Mark Oakley answered on Aug 5, 2019

You can get any fines and costs paid/posted in District Court either credited toward any fines/costs imposed in Circuit Court, or refunded to the extent they exceed those imposed in Circuit Court or you are found not guilty. However, you will not get the appeal filing fee back.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Maryland on
Q: Is a ruling final when the judge states, Dismissed, in court and the plaintiff asked to withdraw her motion?

Trying to decide if a ruling was based on the merits and therefore final and support Res Judicata on the same issue in the future. I was in court and told the judge I did not want to go forward with my motion because I did not know it was on the docket and am not prepared. Another issue of child... Read more »

Mark Oakley
Mark Oakley answered on Jul 13, 2019

In all likelihood, yes, the dismissal is with prejudice in these circumstances and you will be precluded from re-raising the same issue based on anything that has happened up through the date of dismissal. When a party comes to court on their trial date and is unprepared to proceed, unless the... Read more »

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley
Mark Oakley answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com

I am trying to file an appeal to a negative decision made by the MD Real Estate Commission from a Complaint that I filed. They refereed to 17-323(d)(3) and 17-329. Can you explain what this is?

Mark Oakley
Mark Oakley answered on Jan 10, 2019

Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Q: Can I appeal at protective order

My lawyer was not prepared for my hearing and convinced me to concede but I don't think I should have

Mark Oakley
Mark Oakley answered on Oct 4, 2018

You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

I have 3 kids and I’m just trying to better there lives I messed up an application 3 years ago but got a confession cause they said they were gonna try for felony and get my fiancé involved I have not plead guilty yet and also have a conviction from when I was 16 for terroristic threats I’m a... Read more »

Mark Oakley
Mark Oakley answered on Aug 14, 2018

Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Maryland on
Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

It has been a few months of garnishment, as I review the trial notes online there were several dispositions entered stating they were unable to reach defendant. I don't understand this because I have been in court and updated address info several times for other trials. The statue of... Read more »

Mark Oakley
Mark Oakley answered on Aug 14, 2018

You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case... Read more »

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Maryland on
Q: How do I appeal a bankruptcy that undervalued assets, sold off the assets, and then dismissed the bankruptcy?

Beacon Power Corporation Case # 11-13450 (KJC) Now sold a second time as an extremely valuable asset. http://beaconpower.com/news/

http://beaconpower.com/wp-content/uploads/2018/05/Convergent-Energy-Power-Acquires-40-MW-of-Flywheel-Projects-%E2%80%93-Convergent-Energy-Power.pdf

Timothy Denison
Timothy Denison answered on Jul 8, 2018

File a notice of appeal in the bankruptcy court and pay the filing fee. That will perfect your appeal to the United States District Court in Maryland.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes

I was found guilty in 2016 of CDs possession and the maximum penalty then was for years however I was sentenced last week and the sentencing guidelines were changed to 6 months in October of 2017 so my question is is there any case law or statute that says weather sentencing goes by date of guilt... Read more »

Mark Oakley
Mark Oakley answered on Apr 2, 2018

You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for Maryland on
Q: need to write a brief to keep my house I am daughter of father am in his will - what authorities ? I am appealing errors

erroneously lawyer who is wrong and wants our money has rep -this I against fathers will I am appealing what authorities citations do I use in my appeal breif?

Richard Sternberg
Richard Sternberg answered on Nov 30, 2017

This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: If i was convicted of a mis. Poss of handgun then the charged was appealed,and granted and then got a pbj and expunged

Could i be eligible to get a gun license. And for dv or civil exparte that has been dismissed because of fta of the plantiff and then shielded?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Sep 18, 2017

Likely yes based on the expungement and you not having other disqualifying offenses

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on
Q: Felony Expungement

My girlfriend was convicted in 2010 of theft (non-violent) and was sentenced to 1 year of work release (She would live at the jail, go to work, and then report back to the jail), and then served 5 years on probation.

She has since completed her probation with no trouble. Can her felony be... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Aug 16, 2017

Did she file a motion to modify within 90 days of her conviction? If so, and if that has not been ruled on, then yes, she may still have that opportunity.

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1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jul 14, 2017

1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a...
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