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Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If a car is impounded during an unconstitutional arrest ,will evidence found in a later search be admissible in court?

Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother became a beneficiary of a trust in 2002- I have discovered she wasn’t notified of its existence until 2007.

The trustees are refusing to provide account statements for that time period. Can I petition for a full accounting for 1997-2006?

Anthony M. Avery
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answered on Oct 12, 2023

Most if not all of those years will have busted the applicable SOL. Hire a competent MD attorney to sue for conversion, breach of fiduciary duty and an accounting. Try to toll them as much as you can. The other beneficiaries are probably defendants also, which will put pressure on the trustees... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996.
Mark Oakley
Mark Oakley
answered on Oct 11, 2023

Yes, these charges can generally now be expunged. There are some variables, as old Article 27, Section 286A, 286B and 286C are all different from Section 286 (without a capital letter attached). Former Article 27, Section 286 has been recodified under Criminal Code 5-602. Both a misdemeanor... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: : I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996
Scott Scherr
Scott Scherr
answered on Oct 11, 2023

If you received a stet, nolle prossequi, or probation before judgment, it can be expunged. If you were convicted, an attorney would have to review the exact charge to see if it is eligible for expungement. Only certain convictions are eligible. You speak to an attorney.

1 Answer | Asked in Uncategorized for Maryland on
Q: Can MVA come on private property and take your plate off of your vehicle?

They came on my property. My vehicle has insurance and they took my vanity tags off of my truck.

Scott Scherr
Scott Scherr
answered on Oct 9, 2023

If your tags were expired, they can retrieve your tags. I assume you did not have a "no trespassing" sign on your property. Absent a "no trespassing" sign, someone can come on your property and retrieve something that they are entitled to take.

1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Maryland on
Q: If my company designed a car wheel and sold a license to a manufacturer. Who is liable for accidents from its use?

I am considering forming a startup based on the design of a new lightweight automobile wheel. The business model is to patent the wheel design and sell licenses to wheel manufacturers and collect royalties from it. If there ends up being a design flaw in the wheel and it results in a wheel failure... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2023

The injured party would sue both the seller and the manufacturer/designer. The designer would ultimately be liable to the seller and the manufacturer (if different from the designer), for damages they pay out to the injured party. Basically, if all defendants in the case are insured, the... View More

3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How can I figure out what I am entitled to after an auto accident that was the other driver's fault?

I was driving a rental car that ended up on it's side. I was hurt but not seriously.

Scott Scherr
Scott Scherr
answered on Oct 7, 2023

You are entitled to factor in your medical bills, lost wages, pain and suffering, the nature of your injuries, and other losses. The value of your case can be impacted by many factors. There is not a formula.

Your best bet is to speak with an attorney. All attorneys take cases like this on...
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1 Answer | Asked in Banking for Maryland on
Q: My friend (also account holder) closed my CD account and withdraw the money. Do I have legal recourse to get it back?

Recently, a close friend and I had a falling out. In retaliation against me, she accessed my Certificate of Deposit account without my authorization, closed it, and transferred the money to one of her accounts. The bank says that she was also a primary account holder and, due to the Terms and... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

It’s either a civil suit to recover the money, or a criminal case of theft (depending on the joint account relationship), or both. Lawyer charge by the hour, so if the amount is under $5000 then you’re better off suing on your own. Not sure if the police would file criminal charges based on a... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: When is a good time to ask for a bill of particulars in a Circuit Court criminal case?

A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.

1 Answer | Asked in Consumer Law, Business Law and Collections for Maryland on
Q: Is this an FDCPA violation?

A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2023

If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Hello there I was pulling over by an officer for not having my license plate attached to the front of my vehicle

They towed my car, gave me a citation, but on the citation, it states that failure to attach vehicle registration plates at front and rear which is a lie because my back plate was attached. What should I do?

Scott Scherr
Scott Scherr
answered on Sep 29, 2023

This was a proper charge. The law states that your license plate must be attached to the front and back (both). Since it was not attached to the front of the vehicle, it violated the statute.

You have the option of going to court by requesting a trial. The police officer may not show up or...
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1 Answer | Asked in Criminal Law for Maryland on
Q: 3 year’s probation Maryland criminal PBJ

So I was given 3 years probation plead guilty but was given a PBJ I want to close my probation early my only conditions are comply with mental health which I have been doing but I have been doing other classes also have certificates , enrolled in college, no issues on probation my probation isn’t... View More

Mark Oakley
Mark Oakley
answered on Sep 28, 2023

You can always file a motion requesting that the judge terminate probation early or even request an early expungement of your criminal record. However, whether the timing and reasons in support of your request are sufficient or appropriate at this time would require more evaluation. Discuss this... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: A person owes me money and stated a family member would pay but neither has can I sue both of them?
Scott Scherr
Scott Scherr
answered on Sep 28, 2023

You may sue the person that owes you the money. Unless the family members guaranteed the debt to you (which has to be in writing), they are not obligated to pay you despite the fact that they later told you they would pay. The statute of frauds states that any guarantee to pay has to be in writing.

1 Answer | Asked in Uncategorized for Maryland on
Q: As co-owner of a vehicle can the other owner come take it

If a tree falls on my truck an I own my truck, and my dad says he will help me out. And says he will go get a loan and help me, He does. We go to the bank and both signed the title an loan amount for $15,608.10. his name is first on the loan and title. Can he just come and take the vehicle. While... View More

Scott Scherr
Scott Scherr
answered on Sep 28, 2023

Since you both own the truck, he had the right to take the vehicle. You both have equal rights to the vehicle. Since you are both on the title, the title cannot be transferred unless you both agree.

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 Criminal Law for Maryland on
Q: If I have a fta with a $1000 bond do I have to pay the whole bond?
Scott Scherr
Scott Scherr
answered on Sep 26, 2023

Your best bet is to hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be set for trial. The attorney can then represent you at trial.

Your option is to turn yourself in while ready to pay the $1,000.00 bond or...
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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: About final checks

I was fired from my work (local restaurant). And to be paid we are handed in person paychecks. I still don't have my final paycheck because I am scared of talking to my former bosses. It has been around 4 months now since my termination and i was wondering, how long are they required to hold... View More

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You should e-mail your former employer and request that they mail you your check. Give them your current address.

1 Answer | Asked in Criminal Law for Maryland on
Q: Was looking to find the timeline on when I would be able to apply for expungement in maryland and if possible a gov pard

Was convicted of CDS - POSS. OF FIREARMS 1 0692 on 11/01/2017 Sentence/disposition 05/09/2018 for 3 Years

Happened in Maryland

Previous felony conviction in 2016

ATT-CDS DIST-NARC

Scott Scherr
Scott Scherr
answered on Sep 23, 2023

Firearm convictions cannot be expunged. A probation before judgment can be expunged three years from the end of probation. You should run this by an attorney so they can look up the exact charge.

Anyone can ask for a pardon, but not many are granted.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: real estate question

a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 17, 2023

The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: A friend gave me a tag to put on my car to keep it parked in parking lot of my home. Come to find out it was a stolen

Tag. I did not know it was stolen. What's going to happen to me

Scott Scherr
Scott Scherr
answered on Sep 15, 2023

If you have been charged with a crime, you should retain counsel to represent you. If not, you need to remove it from your vehicle right away. You should seek legal advice about what to do with it.

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