Lawyers, Answer Questions  & Get Points Log In
Maryland Gov & Administrative Law Questions & Answers
1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
View More

Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Boyfriend arrested because of active arrest warrant in another state. I didn’t know. Can I get in trouble?

Boyfriend had charges against him for misdemeanor credit card theft scheme, felony credit card theft, and identity theft in MD. Failed to appear in court and they issued an arrest warrant. I had no clue he had a court date or that he had an arrest warrant. Got arrested in PA after being pulled... View More

Scott Scherr
Scott Scherr
answered on Jan 5, 2024

You should not be charged for harboring a fugitive if you did not know he had a warrant. He should retain an attorney to represent him on the criminal charges or go to the Public Defender if he cannot afford private counsel.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How long a promissory note can be in effect in the State of Maryland before it can be voided?

I recently did a promissory note with my HOA that I would like to cancel.

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You would have to review the promissory note to see if there is any language allowing you to rescind it. There probably is not. A promissory note is a binding contract. You can have an attorney review it to see whether anything can be done.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Maryland on
Q: The complainant is looking for a contingency federal attorney to represent him in his Complainant in Maryland

As a matter of fact, the Complainant was discriminated against and harassed based on race (black), national origin (Nigerian), disability (physical), and retaliation for protected activity (prior activity, opposition to discrimination, and request for reasonable accommodation when: On March 2019 to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

A Maryland attorney could advise best, but your question remains open for three weeks. If you are looking for an attorney, it is going to be difficult for attorneys here to respond to you to offer their services. This site isn't set up like an attorney referral service - it's basically... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Told at the Bel Air MVA office by mgt. that I had to renew my driver's license with a real ID license. Is this correct

I was told that I have no choice but to obtain a real ID license.

When I asked what legal authority mandates that I get a Real ID license, the manager browsed his computer for approximately ten minutes, then said he would issue me a 45 day temporary license to think about it.

He... View More

Scott Scherr
Scott Scherr
answered on Oct 17, 2022

It is a requirement under federal law:

https://mva.maryland.gov/Pages/realid.aspx

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a public building require you to show ID to enter?
Scott Scherr
Scott Scherr
answered on Sep 15, 2022

There is nothing illegal about requiring identification to enter a public building. It helps provide security in case something happens.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: So can I cross unmarked crosswalks and is it illegal to cross the road where there is no crosswalk line?
Scott Scherr
Scott Scherr
answered on Jun 8, 2022

In Maryland, you can cross where there is an unmarked crosswalk. An unmarked crosswalk is an area where roads intersect, but there are no crosswalk markings. If there is a marked crosswalk at an intersection, you must use the marked crosswalk.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How can I claim an abandoned vehicle in Prince George's County Maryland

Police were notified and the vehicle is still sitting in the same place (public road) without tags, for more than 90 days

Mark Oakley
Mark Oakley
answered on Apr 8, 2022

Abandoned vehicles are governed by Maryland Transportation Code, Title 25, Subtitle 2. The process for stripping a titled owner of ownership rights in their vehicle only pertains to vehicles taken into police custody. There is no separate procedure set forth in the code for a private claim of an... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can the state clerk of courts refuse to file your documents
Mark Oakley
Mark Oakley
answered on Mar 25, 2022

Yes, for various reasons, typically having to do with procedural filing requirements (e.g., paying any required filing fees; meeting the signature requirement --pleadings and motions must be signed by the party filing them; bearing a certificate of service separately dated and signed--each paper... View More

1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... View More

Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges

Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney

Mark Oakley
Mark Oakley
answered on Dec 25, 2021

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

View More Answers

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 Gov & Administrative Law for Maryland on
Q: can I take the Maryland State Police to small claims court
Mark Oakley
Mark Oakley
answered on Sep 16, 2021

Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr
answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

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... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?

My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is... View More

Mark Oakley
Mark Oakley
answered on Apr 9, 2021

Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Maryland on
Q: Been turned down for a Md state ID. Desperately need to open a checking account. Living in a hotel and no resources

I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2021

Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:

https://mva.maryland.gov/drivers/Pages/apply-id-card.aspx

The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons....
View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I’m 17 years old born in 2004 and my Bf is 21 born 1999 is it wrong to be dating ?

Would he be in trouble if I become pregnant? I’m in Maryland

Mark Oakley
Mark Oakley
answered on Mar 31, 2021

There are no laws prohibiting your relationship, unless your boyfriend is a your teacher, counselor, coach, or other supervisory adult over you. The age of consent to engage in sexual activity is 16 in Maryland, and you are over that age. Getting pregnant at such a young age is a mistake most... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.