Maryland Civil Rights Questions & Answers

Q: Is the law habitual beggar of Salisbury Maryland 21801 unconstitutional or constitutional ?

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many anti-begging laws have been upheld under Supreme Court precedent, while other have been struck down. If Maryland's appellate courts have not reviewed the particular law (or one just like it) in...

Q: Would obtaining consent after recording an individual in a public setting with no expectation of privacy be illegalinMD?

2 Answers | Asked in Civil Rights for Maryland on
Answered on Jan 30, 2019
Joseph D. Allen's answer
Reasonable expectation of privacy (or the lack thereof) is a concept that is only relevant to non-audio video recording of individuals. It would be safer to ask the customers to provide prior consent after telling them what you intend to use the recordings for- but as you note, this would also probably skew or make your study findings invalid. Perhaps you could simply take notes rather than record the interactions.

Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security for Maryland on
Answered on Jan 24, 2019
Mark Oakley's answer
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.

Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
The beneficiary under a Deed of Trust IS the lender.

Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for corporations operating in this state.

While not legal advice, I hope the above general information helps!

Q: can the guardian of a living disabled adult (senior citizen) re-write a properly executed will?

1 Answer | Asked in Civil Rights and Estate Planning for Maryland on
Answered on Dec 19, 2018
Mark Oakley's answer
No. But a guardian may be able to make other estate planning decisions, including establishing a trust in the name of their ward and funding it, with distribution of the trust assets upon death being set forth in the trust. You should not do anything without first consulting with experienced estate planning counsel, as guardians owe fiduciary duties to their ward and can run afoul of both civil and criminal statutes if they do not act solely in the best interest of their ward.

Q: Can I obtain a lawyer with a right to sue letter from the Civil Rights Commission

1 Answer | Asked in Civil Rights for Maryland on
Answered on Sep 25, 2018
Joseph D. Allen's answer
Typically (but not always) a right-to-sue letter follows a determination that the MCCR did not find probable cause that discrimination occurred. As for recommendations, I'm afraid you'll have to do some research and speak with some attorneys who offer free consultations- and get a sense of who you want representing you (and also get their opinion of the strength of your case).

Q: Where I live the police say it is gang related and can't be worn into school? Is this true?

1 Answer | Asked in Copyright and Civil Rights for Maryland on
Answered on Sep 6, 2018
Gary Kollin's answer
I do not know what "it" is. Platen is defined as "a plate, typically made of gold or silver, used for holding the bread during the Eucharist and sometimes as a cover for the chalice."

The police say. Who says? An individual police officer? A supervisor? Is it in writing? Is it an urban legend?

Who are they?

Who is telling the police it is?

Take your time in school Write out a cogent and gramatically correct inquiry. If you cannot, then it appears you should...

Q: Hello. I need advice. My dad is in competent of court for non payment of child support.

1 Answer | Asked in Child Support, Criminal Law, Family Law and Civil Rights for Maryland on
Answered on Jul 31, 2018
Elizabeth Pugliese's answer
Stay out of it. It is not your job to resolve this problem. Citizens' arrests aren't really a thing anyway. Let the court system handle this. Let your Mom handle it.

Q: Should I take legal action against my boss?

1 Answer | Asked in Civil Rights, Employment Law, Workers' Compensation and Employment Discrimination for Maryland on
Answered on Jul 26, 2018
Joseph D. Allen's answer
As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly seems inconsiderate and foolish of your employer to have you fill out the incident report form before getting medical care- but it is not clear whether that would create civil liability outside the...

Q: If you break house arrest and they book you, do u only serve the time you were supposed to serve or is it longer?

2 Answers | Asked in Civil Rights for Maryland on
Answered on May 20, 2018
Gary Kollin's answer
This is a criminal defense question. I do not understand your question.

However, if you broke house arrest I wish you the best.

And if you are the 17 year old, then ask your lawyer. You either retained one or was appointed one

Q: If I have a housemate and the police produce a search warrant for them, are my possesions included in the warrant?

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Answered on May 18, 2018
Mark Oakley's answer
The search warrant generally applies to an entire premises, unless it is limited by its terms. If not limited, they may very well search and seize your items. If that were to happen, you would need to retain counsel to either invalidate the seizure as to your possessions, or move to suppress any evidence of a crime that implicates you that was seized from your room, and argue that your 4th Amendment rights were violated. You would likely have to establish that your room was clearly identifiable...

Q: What does a person normally receive in MD court for inhalent abuse

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Answered on May 15, 2018
Mark Oakley's answer
There is no "normal," as sentencing takes into consider a wide array of factors, including past criminal history, age, employment, nature and aggravating circumstances of the case, victim impact, the defendant's actions to address any substance abuse or emotional/mental issues that may underly his/her actions, etc. The specific county, judge and prosecutor can make a difference as well. A non-violent first offender can generally hope for probation and no conviction. Consult a lawyer in...

Q: My brother was living in my home for about 4 months. He recently passed away in his sleep. I have a question. ..

1 Answer | Asked in Family Law, Civil Rights and Probate for Maryland on
Answered on Feb 5, 2018
Cedulie Renee Laumann's answer
You may wish to re-post with the specific question.

Q: Can I still file with the eeoc if I passed the 180 day limit to file with the mchr (Maryland)

1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Answered on Jan 23, 2018
Jonathan C. Puth's answer
Yes, you have 300 days to file with the EEOC in Maryland, where there is a state deferral agency. If you are referring to Montgomery County office of human rights you should also be timely.

By the way, if you're late with a filing it doesn't matter usually if it's one day late or 100. Either way in most instances you're out of luck.

Q: Where would I begin looking for an attorney for grandson who is a criminal defendant with mental health issues?

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Answered on Jan 19, 2018
Thomas Joseph Maronick Jr's answer
We handle these issues and you can call us at 410 244-5068. The initial consult is free.

Q: Can i sue if a police they lock me up for a burglary i didnt commit and mistake me for the guy who did it .

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Answered on Jan 18, 2018
Thomas Joseph Maronick Jr's answer
Possibly. Depends when the incident occurred --- must generally be within 1 year to fulfill notice requirements -- and there would have to be some degree of damages. Deprivation of liberty could be part of that.

Q: If I give a friend permission to use my mailing address is that against the law

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Answered on Jan 5, 2018
Cedulie Renee Laumann's answer
No.

People are generally free to forward mail anywhere they choose. However, where someone is required to report their actual residence / address, they must report their actual address (e.g., if someone is a registered offender).

Q: What are the legal responsibilities of an independent contractor.

1 Answer | Asked in Contracts and Civil Rights for Maryland on
Answered on Dec 29, 2017
Cedulie Renee Laumann's answer
The question is extremely broad as an online post cannot realistically outline every legal responsibility, much will depend on the particular field/industry.

Generally speaking, thought, an Independent Contractor assumes responsibility for all his/her own work and does not have an employer/employee relationship. That means an Independent Contractor should pay their own taxes (both employer and employee side), pay for their own insurance, buy their own tools, control how they do their...

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