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Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: can they try a 17 year old as an adult because of a 1st degree assault charge?
Mark Oakley
Mark Oakley
answered on May 6, 2024

Yes. Hire a lawyer to file a motion for a reverse waiver to juvenile court.

1 Answer | Asked in Criminal Law for Maryland on
Q: Someone accessed my bank account and transferred money, do I have a case?

My phone was stolen and accessed, the individual was some how to gain access to my bank account and to a member to member transfer for 7K. They also did Venmo and cashapp; which the disputes were found to be in my favor. I made a dispute from the bank, they recovered a slight portion from the... View More

Michael Eric Kraut
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answered on May 2, 2024

I am sorry that this has happened to you. First, you should make a police reprot for theft and also report the action to the bank. The bank has insurance to cover these type of incidents.

2 Answers | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Would my ex be allowed to have her new husband adopt our children without my consent.

My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.

Scott Scherr
Scott Scherr
answered on May 2, 2024

Both parents must consent to an adoption under the law.

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1 Answer | Asked in Civil Litigation for Maryland on
Q: How do I proceed with a loan to an ex-partner who is not communicating with me anymore?

In November 2023, a loan of $7000 was extended to a former business partner, with both parties entering into a written agreement stipulating the loan's repayment by the end of January 2024. In January of the same year, the loan was extended through a text message, but without specifying a new... View More

Scott Scherr
Scott Scherr
answered on May 2, 2024

You could file suit in the District Court for the money due. If you obtain a judgment, you could put a lien on their property and attempt to garnish their wages or bank account.

1 Answer | Asked in Real Estate Law for Maryland on
Q: A pipe burst in an upstairs unit and did damage to a ground floor unit. Is the CUO responsible for repairs (ref 11-114)
Scott Scherr
Scott Scherr
answered on Apr 29, 2024

You would need to review your Condominium Association documents to see who is responsible for maintaining the pipes. It is either the Association or the owner of the unit.

1 Answer | Asked in Employment Law for Maryland on
Q: can an employer send an employee home for the day without pay as a punishment for being a few minutes late?

maryland

Scott Scherr
Scott Scherr
answered on Apr 23, 2024

Most employees are "employees at will." It means that they can be fired or disciplined for any reason so long as it does not violate the Constitution, a statute, or a contract.

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
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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 Criminal Law for Maryland on
Q: Is it illegal to open my former mailbox, that now belongs to someone else? Even if I don't take or place anything inside

Physical mailbox

Scott Scherr
Scott Scherr
answered on Apr 10, 2024

Yes, this is illegal. Many mailboxes are owned by the United States Postal Service. You no longer have a right to access the mailbox.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Maryland on
Q: Approximately how much does an appeal cost for a dui mva admin hearing decision?

The criminal charges were dropped but for my mva admin hearing, I got a new judge. After 2 hearings, he asked to have a few weeks to look over everything & issue a written decision. There was a video of my arrest & in this video I ask for a breathalyzer multiple times, as well as what my... View More

Scott Scherr
Scott Scherr
answered on Apr 9, 2024

All attorneys set their own fees. You would need to inquire to different lawyers what their fees would be. You should be aware that an appeal (Petition for Judicial Review) is on the record and the decision will be affirmed if there was substantial evidence to support the decision.

1 Answer | Asked in Real Estate Law for Maryland on
Q: In Maryland home purchase, can I (the buyer) negotiate over minor repairs, such as the aging roof or deteriorating deck?

The inspection turned up a variety of issues with the home. However, none of these issues are safety concerns. For example, even though the roof needs to be replaced in the next year or two, there are no immediate safety concerns. Under Maryland law, am I able to negotiate over minor issues or just... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

Do you have an agent? This is part of your contract, in the Property Inspection Addendum (I am also a broker). The addendum includes a tight schedule of notices and requests. Anything in the report is fair game.

1 Answer | Asked in Personal Injury and Wrongful Death for Maryland on
Q: Can an attorney hold a case for 2 years the deny for wrongful death suit with state finding fault in our favor

Facility nurse txt proof that supervisor gave word not to call 911 for my mother she fought to breath 2 days, her cell phone was locked in nurses office so she couldn't call herself we have proof per nurse on duty

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Maryland attorney could advise best, but your question remains open for two weeks. It isn't fully clear what is meant by holding a case, whether not filing suit or other possibility. Attorneys would probably need additional details about the file to offer meaningful input about what they... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: sample motion to postpone a civil court date (i am defendent/sued for loan) to obtain counsel and gather more evidence
Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

https://www.mdcourts.gov/court-forms/forms/motion-continuance-postponement

If you are in the Circuit Court (As opposed to the district court), you may use this form here and fill in the information based on your case. Simply make arguments directed to the court as to why the date should be...
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1 Answer | Asked in Contracts and Legal Malpractice for Maryland on
Q: Can Maryland lawyers charge without a contract or written agreement?

My mother requested a legal letter from a Baltimore law firm in 2020 but failed to make a personal copy. She called them again last month to request a reprinted digital copy with letterhead and also to inquire about legal advice for expungement. We got the pdf letter and another lawyer shared an... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2024

They should not charge in this situation unless the fee agreement from when they were previously hired could be considered to cover the recent consultation.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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1 Answer | Asked in Small Claims for Maryland on
Q: I want to file a small claim again a furniture store as they delivered me a wrong item and don't want to refund my money
Scott Scherr
Scott Scherr
answered on Mar 8, 2024

You can file a lawsuit in small claims court for $5,000 or less. Make sure the store does business in Maryland and can be sued in Maryland. You will need the proper corporate name for the store. You can get the Complaint form for the lawsuit online or visit the courthouse.

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do if I am getting harassing phone calls from someone?

The person keeps calling from a blocked number. I know who it is, but I don't answer to not engage with the person.

Scott Scherr
Scott Scherr
answered on Mar 1, 2024

You can report the matter to the police. I do not know if they will do anything, but at least there will be a report of the incident.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How should I proceed when getting a parking ticket in a spot that was not clearly labeled as Handicap space.

I was rushing to park in DC by the National Building Museum for work, parking in a spot that was not clearly labeled as Handicapped,

as the meter with the handicap marker was broken with the zone # on the side, I paid online instead. Please advise if you can help me avoid payment of the $500 fine.

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You should repost your question to DC lawyers by listing the location as Washington, D.C. Good luck to you.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 2nd degree assault against my boyfriend but the police report was incorrect.

Me and my boyfriend have got in a situation and I was charged with 2nd degree assault. His mouth was bleeding but in the police report we also fell down the stairs. I have more injuries than him and everything started because he took my phone and I tried to get it back. In the police report, it... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

Yes, these things can make difference on whether the State decides to prosecute and any defenses that you may have in the case. I suggest that you retain counsel to represent you given the nature of the charges.

1 Answer | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: CVS put two different medicines in one bottle, one arthritis, one heart medication.

My wife picked up her rheumatoid arthritis medicine late last month and noticed that the pill bottle has two types of pills mixed in. We found out one is for some kind of heart condition. Something that could have been dangerous, what do we do?

Mark Kopec
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answered on Feb 12, 2024

It sounds from your description that fortunately your wife was not injured. If that is the case, it will be challenging to get significant compensation for her. You can file an administrative complaint with the government agency that regulates pharmacists. You can find out more about that on the... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

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