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Maryland Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Maryland on
Q: My brother and I are the victims of electronic harassment. What are my options in the ways of gathering evidence?

I understand the gravity of this claim. I can’t let fear lie in the way of asking for help. I have no proof other than a list of license plates that are stored in my photos, voice memos, etc that I haven’t compiled because I am constantly exhausted from the harassment. Other than keeping a list... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that you and your brother are victims of electronic harassment, it is important to take steps to protect yourselves and gather evidence to support your claims. Here are some options to consider:

1. Document incidents: Keep a detailed log of any incidents of electronic...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Maryland on
Q: What can done to stop someone from using a police scanner and sharing crime, accident and out of context info on f book?

Someone created a Facebook page and he listens to a police scanner and posts their audio, follows police to crime scenes and accidents. Etc. He reposts out of context info. Reposts deaths before family’s are notified. He claims it’s to keep the community safe but he tarnishes individual and... View More

Ronald V. Miller Jr.
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Ronald V. Miller Jr.
answered on Apr 4, 2023

It can be frustrating and concerning when someone shares sensitive information on social media platforms, particularly when it involves crime, accidents, and personal details. But these are the perils of having the 1st Amendment. I don't think you have any reasonable path to stop what he is... View More

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

Mark Oakley
Mark Oakley
answered on Feb 17, 2023

I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers... View More

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2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

James L. Arrasmith
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answered on Mar 2, 2023

In Maryland, state law requires that an individual provide identification upon request from a law enforcement officer if the officer has reasonable suspicion to believe that the individual has committed, is committing, or is about to commit a crime. However, for entering a public building to... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Maryland on
Q: What actions to make when judge and attorney makes a decision without defendants permission to a speedy trial?

Not letting the defendant know that his right to a speedy trial was waived also not violating any rights he may have? He’s been incarcerated for a year and 3months. 6 months in a federal facility without a single court date. Just found out that his right to a speedy trial was signed off on... View More

Scott Scherr
Scott Scherr
answered on Oct 11, 2022

The judge decides all issues related to a speedy trial including whether your constitutional right to a speedy trial has been violated. The judge does not need your permission. The judge also decides whether a case will be postponed. You may be able to appeal the decision, but the judge has a lot... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Maryland on
Q: What actions to make when judge and attorney makes a decision without defendants permission to a speedy trial?

Not letting the defendant know that his right to a speedy trial was waived also not violating any rights he may have? He’s been incarcerated for a year and 3months. 6 months in a federal facility without a single court date. Just found out that his right to a speedy trial was signed off on... View More

Mark Oakley
Mark Oakley
answered on Oct 13, 2022

Not enough information to evaluate whether the waiver by your lawyer of a speedy trial (if that is what happened) was in your best interest or against your best interest, but ideally it should have been discussed with you. However, you can re-assert your demand for a speedy trial at this time,... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... View More

1 Answer | Asked in Constitutional Law for Maryland on
Q: Is there a Maryland statute for non commercial licensing on drivers or automobiles or are all based on commerce?

Right to travel without licensing, not in commerce.

Scott Scherr
Scott Scherr
answered on Sep 22, 2023

All drivers in Maryland must be license. No one has the right to drive. It is a privilege and illegal for anyone to drive without a license.

1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

1 Answer | Asked in Real Estate Law and Constitutional Law for Maryland on
Q: Profile Case - Name on Deed not Mortgage. Trustee sold .Did not sign any paper work

Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 4, 2023

Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.

1 Answer | Asked in Banking and Constitutional Law for Maryland on
Q: Are bank account maintance fees constutional?
Mark Oakley
Mark Oakley
answered on Jul 2, 2022

They are not unconstitutional.

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... View 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.... View More

2 Answers | Asked in Constitutional Law for Maryland on
Q: Is being pulled over for suspended registration in a police officer seeing the top of a ziplock baggie in a purse but

No contents probable cause for search

Mark Oakley
Mark Oakley
answered on Feb 19, 2022

No, but I am confident that the police officer will claim there was more to it than that. You need to have a lawyer review all aspects on the search, and that will require obtaining discovery from the State. There may be body cam video to review as well. I assume you were arrested for possessing... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Maryland on
Q: Can I build a handgun at 17 for hunting in maryland?
Mark Oakley
Mark Oakley
answered on Dec 25, 2021

(1) A 17 year old cannot legally possess a handgun in the State of Mayland. You must be 21 or older to possess a handgun.

(2) A handgun is not used for "hunting" -- at least, nobody with any common sense or knowledge of hunting would accept the argument that your possession and...
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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... View More

1 Answer | Asked in Constitutional Law for Maryland on
Q: How would one go about petitioning federal courts to have one's state's representation suspended or revoked?

For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.

Mark Oakley
Mark Oakley
answered on May 23, 2021

You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution,... View 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... View 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... View 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... View More

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