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Maryland Civil Rights Questions & Answers
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 »

1 Answer | Asked in Contracts, Civil Rights and Constitutional Law for Maryland on
Q: I need to obtain a form to present that will display my exemption from the vaccine. It will present grave consequence

Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!

Mark Oakley
Mark Oakley answered on Dec 3, 2020

There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... Read more »

1 Answer | Asked in Civil Rights and Military Law for Maryland on
Q: What are the laws governing private militias in MD?

I found many references to "Private and unauthorized Militias" but cannot find any definitions.

There are many Militias operating nationwide, but I cannot find any laws concerning their legality in the state of MD.

Mark Oakley
Mark Oakley answered on Nov 24, 2020

Maryland Public Safety Code, Title 13. Militia.

The full act and statutes can be accessed here:...
Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there... Read more »

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3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

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1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland on
Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

Mark Oakley
Mark Oakley answered on Nov 11, 2020

A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: What if I’m just masturbating in my car

Is it legal in Maryland? Especially if masturbation on the metro in Maryland is legal

Mark Oakley
Mark Oakley answered on Oct 19, 2020

It's a crime if anyone sees you. If charged, hire a lawyer. You do not want this on your record.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: I am an African American male , that has been dealing with haraasment, retaliation n more from my work place.

When I reported it to HR not once but twice I was told that He was within his right as a manager to do that. They never took what I report serious as a result I was fired n refused to resign. I believe the is a serious cover up between HR and this adminstration n department. Im in the Baltimore, MD... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Oct 1, 2020

Well, you didn't pose a question so there is no answer necessary. However, if you felt your rights were being violated why didn't you file an EEOC Complaint? You may still be able to. Your facts were so thin, it's impossible to tell what your rights may be.

1 Answer | Asked in Civil Rights for Maryland on
Q: How can a group of student get a class actions started against a college for discrimination and retaliation?

There is a group of African American students who want to file a class action suite against the college, based on discrimination, and retaliation. When we speak out about any issues we have regarding grading, not registering us for class, etc. he either fails us, and does not go over the test with... Read more »

Raul Jauregui
Raul Jauregui answered on Sep 21, 2020

This sounds like a remarkable moment for that group of African American students to transform education at that school for them and for the next generations of students of color. When you say "class action" you imply getting a lawyer who has experience in race discrimination in... Read more »

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