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Maryland Questions & Answers
1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Maryland on
Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?

During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face... View More

1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: How do I guarantee that my funeral wishes are respected? I want cremation but my family is for burial.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

There is no way to absolutely "guarantee" what people will do after one's death but taking the following 2 steps will make it more likely that final wishes will be honored:

1) pre-pay your expenses. If cremation and/or funeral arrangements are made while living and prepaid,...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can an association raise more than 10% of fees. My association went from in the past 2 years from $20,$25 & now $95 rais

I need answers on how an HOA can raise more than 10% a year? The association os grossly ripping us off. When asked to see their books as a Home Owner intitled to what I asked. I was turned down and that is not legal. Can you help?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

You’re not going to want to pay a lawyer’s hourly rates if you don’t want to pay $50 more per month or whatever the increase is. Maybe if you gathered a group of homeowners to share the legal fees, all being represented by the lawyer, that would be a way to make it affordable.

But...
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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Looking for legal advice for case against Apple's iPhone and radiation levels which caused me to have cancer.

Yes, the iphone 11 pro max and up have high radiation levels that does harm you I am a witness to this and the crazy part of it is that it started exactly seven months before they called for the Covid plandemic. I suddenly out of nowhere would listen to my music with their earplugs and my face... View More

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Your lay opinion as to both the “radiation” and its relationship to your vaguely described symptoms that are the same symptoms caused by countless possible other reasons (virus, allergy, bacterial infections, nerve related issues, etc.), and the total lack of any medical evidence to support it,... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Felony convictions of possession with intent to distribute are expungeable after a period of years, ranging from 3, 7 and 10 years after all terms of the sentence and probation are completed depending on the nature of the controlled substance (cannabis being in the shorter range) and the specific... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

James L. Arrasmith
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answered on Dec 14, 2023

The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.

For charges related to Controlled Dangerous...
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2 Answers | Asked in Criminal Law for Maryland on
Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More

Mark Oakley
Mark Oakley
answered on Dec 13, 2023

Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Car was picked up by Manufacturer's roadside assistance towing service. Manufacturer lost car. Can I sue for lost car?

Manufacturer has told me it is on AAA. But I did not contract with AAA. I got text and voicemail from Major manufacturer stating they towed car to repair shop. But car never arrived. It has been 10 days and AAA told me to report it stolen. I never got my personal belongings. My insurance... View More

Scott Scherr
Scott Scherr
answered on Dec 12, 2023

It is unclear whether your car was lost or stolen. If AAA lost your car while towing it, they would be liable for the fair market value of your vehicle, plus 6% sales tax, and tags. You may also be entitled to a rental car for a limited period of time. I do not know how they could lose the car. AAA... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: I filed for asylum on time within six months of entry to the United States. Can I accept an H1B offer from an employer?
Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

Filing for asylum does not provide legal status in the United States. How did you enter the U.S. legally with visa or illegally? Are you in affirmative or defensive asylum proceedings? To change status while in the United States, you need to have status. Since an asylum application is not status... View More

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2 Answers | Asked in Immigration Law for Maryland on
Q: I filed for asylum on time within six months of entry to the United States. Can I accept an H1B offer from an employer?
James L. Arrasmith
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answered on Dec 11, 2023

If you have filed for asylum within six months of entering the United States, you are primarily in a pending asylum status. Accepting an H1B job offer while your asylum case is pending can be complex and depends on various factors.

Firstly, it's important to understand that an H1B visa...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: How does an out of state first time DUI ( N.J) affect a Maryland driver. Specifically an interlock device
Scott Scherr
Scott Scherr
answered on Dec 11, 2023

If you are convicted of the DUI, Maryland will be notified and can suspend or revoke your license. They typically will offer the ignition interlock in lieu of a suspension or revocation. You would receive a letter from the MVA.

If you receive the equivalent of probation before judgment in...
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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

Yes, the other vehicle's insurance should pay for the property damages (excepting any difference for financing balance, ordinarily picked up by gap). In terms of the injuries you describe, you could arrange a doctor visit to get checked out to be certain you're okay. Think about arranging... View More

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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Mark Oakley
Mark Oakley
answered on Dec 11, 2023

The drunk driver who caused the accident will be liable to pay property damage up to the fair market value of your truck, or the cost of repairs, whichever is less. You would need “gap” insurance to cover the excess loan balance above what you receive for the total value of the truck. Gap... View More

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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Scott Scherr
Scott Scherr
answered on Dec 11, 2023

Unfortunately, you are entitled to recover the fair market value of your vehicle plus 6% sales tax and tags. If there is still a balance, gap coverage will pay the loan if you have it. Otherwise, you are responsible for any remaining balance.

Since you were injured, you should obtain prompt...
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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Uzoma Obi
Uzoma Obi
answered on Dec 10, 2023

Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car,... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: Can i travel to canada for visa stamping at US embassy with H1B approval notice ?
James L. Arrasmith
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answered on Dec 10, 2023

Yes, you can travel to Canada for visa stamping at a U.S. Embassy or Consulate with your H1B approval notice. However, there are several important factors to consider before you make your travel plans.

First, ensure that you have all the necessary documents for the H1B visa stamping,...
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1 Answer | Asked in Landlord - Tenant and Small Claims for Maryland on
Q: Seeking best course of action in attempting to leave lease where signed with roommate.Desire to leave before end of term

I am in a lease agreement where both my roommate and I have signed the lease. Living with roommate has been affecting my mental health, so I want to leave before the end of the lease term. I informed my roommate and gave her a timeline asking if it would work for her she said yes but has stated she... View More

T. Augustus Claus
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answered on Dec 8, 2023

Consider the following potential courses of action in this situation:

Negotiate with your roommate: Communicate the impact on your mental health and express your desire to leave the lease. Offer assistance in finding a new roommate and suggest a financial incentive to encourage cooperation....
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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

Yes, a buyer can legally purchase a home in great condition, terrible condition or anything in between. People can purchase property without a home on it at all, or with a home they intend to bulldoze.

Now most of the time a bank will not lend money to a borrower to buy a home if it is...
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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

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2 Answers | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmother has a house, when she purchased the house she put it in her name and 2 of her childrens name.

She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More

Mark Oakley
Mark Oakley
answered on Dec 7, 2023

One option is to re-deed the house into her sole name. That would require the cooperation of the two children on the deed with her. Draft her will to distribute the house as she intends. By doing this, all her children would benefit by inheriting the house with a stepped-up tax basis equal to the... View More

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