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Maryland Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: I want to be an attorney that represents individuals who are wrongfully convicted, who are on death and children given

Children given crazy sentences. In my head I always thought that was criminal defense law, public interest because I want to help the poor. However afte researching things it seems like. This sometimes fall under civil rights attorney so I am confused under which one it falls under?

Scott Scherr
Scott Scherr
answered on Apr 21, 2022

There are two components at play here. First, you have the criminal case. A criminal defense attorney would fight to overturn the criminal conviction. If that is successful, a civil rights attorney may seek compensation for damages caused by the wrongful conviction.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can a Prosector use false evidence against a defendant in a criminal felony case?

The 1st degree rape case was dismissed due to the evidence provided by the officer, a Spanish misinterpreter, added false narratives of force on a Tinder date. The alleged victim admitted on cop cam that she planned to sleep with him and no crime was committed. The officer ignored her reason for... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

Hire a crimial defense lawyer. This is not somethng you post on a public forum, which is open to law enforcement, and accessible by the very same prosecutor you are accusing of suborning perjury. Your factual details almost certainly identify who you are to those who are familiar with the case.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... Read more »

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for Maryland on
Q: can homeowner association board of directors restrict individual homeowners from talking with the press/journalists

my homeowner's association (hoa) president and the board of directors (bod) act as if ALL issues - specifically, talking with journalists for a possible light-hearted article that's essentially, an expanded real-estate/house-for-sale feature focusing on our community's positive... Read more »

Mark Oakley
Mark Oakley
answered on Feb 15, 2022

No, the HOA has no legal authority to control or prohibit a homeowner from speaking to the press or anyone else.

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1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and White Collar Crime for Maryland on
Q: can you file criminal charges against a police officer for false arrest - - false imprisonment

can you file criminal charges against a police officer for false arrest - - false imprisonment

Matthew J. Bronson
Matthew J. Bronson
answered on Dec 10, 2021

Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek... Read more »

1 Answer | Asked in Family Law and Civil Rights for Maryland on
Q: My father stole around 3000$'s in items how do i charge him or get him arrested, he didn't buy them for clarification.
Scott Scherr
Scott Scherr
answered on Nov 8, 2021

You can go to the police or the Commissioner to file charges.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley
answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for Maryland on
Q: Am I allowed to be a freelancer in the US? I'm18 y.o, my parent has a work visa and we applied for the green card

I am not doing freelancing since I don't know if it's legal and if it's not legal I will wait until I have SSN.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

Without a work authorization you are not allowed to derive any income from any professional activities such as free-lancing. You have to apply for an EAD on eligible grounds if qualify.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can the police bring charges up on odometer fraud in Carroll County MD

Odometer fraud seller sold me car with odometer fraud didn't disclose it

Scott Scherr
Scott Scherr
answered on Aug 13, 2021

You can go to the Commissioner and file charges or report the matter to the police. You will need proof that the odometer was tampered with.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Maryland on
Q: Can a defendant be charged in the jurisdiction they live in if an offense was committed in a different jurisdiction?

The defendant lives in one county and the offense was committed in a different county.

Mark Oakley
Mark Oakley
answered on Aug 4, 2021

No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.

1 Answer | Asked in Civil Rights and Small Claims for Maryland on
Q: I was banned from a chat room unfairly. I was given no warning of being banned. No warning action such as restricted.

I was banned over actions done outside of the chat room which is not fair. And when I tried to discuss things with the chat room owner, she cyber shouted at me. She never had considered that never has there been any issues from me ever and the owner never even considered that. I felt completely... Read more »

Mark Oakley
Mark Oakley
answered on Jul 20, 2021

You have no legal right to be admitted to a private chat room owned, controlled or moderated by others. You have no right to be present in any privately owned setting, physical or virtual, which is not yours. You cannot force others to be friends with you, talk to you, allow you into their social... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: how do the police determined Adverse Possession

how do the police determined Adverse Possession

Mark Oakley
Mark Oakley
answered on Jul 15, 2021

They don't. Not their decision or jurisdiction to make such determinations. The person claiming adverse possession must file a lawsuit in court against the titled owner for the purpose of divesting the titled owner of title to the land, based on the person in possession of the property... Read more »

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Environmental for Maryland on
Q: What about my 4th and 5th amendment when the DNR and Coast guard stop you and perform a unwanted search of your vessel
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2021

The standard on the water is a different one than applied on the nation's roadways with motor vehicles in terms of constitutional law elements. The U.S. Coast Guard has broad powers to board vessels. Good luck

Tim Akpinar

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2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Scott Scherr
Scott Scherr
answered on Jun 22, 2021

A case will not be dismissed because of a typographical error or incorrect address.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley
answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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1 Answer | Asked in Civil Rights for Maryland on
Q: I live in an a apt in MD, the woman upstairs has been recording me in my place through the vents. What rights do I have

Vent cameras installed both bathrooms and our bedroom.

I'm 62 years old with severe medical issues

Mark Oakley
Mark Oakley
answered on Feb 17, 2021

Call the police, this is a crime. It is illegal to install video recording devices to capture images of someone in their private home without their permission. If you can see the camera and reach it, pull it out of the vent to prevent the person from removing them and denying they were there, or... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Rights for Maryland on
Q: Questions about state v. federal antidiscrimination laws in homeowner's associations, contracts

I need lawyers to review several related but different issues

Review an implied written contract between owner and Homeowner’s association for compensation when the HOA is incorrect.

Review complaints for ADA and FHA (housing laws) against an HOA, and help prosecute in Court.... Read more »

Richard Sternberg
Richard Sternberg
answered on Feb 10, 2021

The terms of service for Justia prohibit lawyers from soliciting business here. The web site is for general information and access to justice. I've often written, however, on how to find a lawyer. I’ve written this same answer several times on Quora, and I don’t have enough time to rewrite... Read more »

1 Answer | Asked in Civil Rights for Maryland on
Q: How do I get a title for a car that's been left in my driveway for 6 months
Mark Oakley
Mark Oakley
answered on Feb 6, 2021

You would need to qualify for a lien on the title for the reasonable cost of storage of the vehicle on your property, then follow the law to foreclose on the lien and take possession of the vehicle. This involves notice to the titled/registered owner and public advertising of an auction date, and... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Maryland on
Q: I read all that, but I am looking for a clear definition of "organized militia"

I read this, but request definition clarification, please:

§ 13-214. Prohibitions

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... Read more »

Mark Oakley
Mark Oakley
answered on Dec 8, 2020

Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define... Read more »

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