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Maryland Questions & Answers
2 Answers | Asked in Medical Malpractice for Maryland on
Q: I live in Md, had surgery in Va, a doctor when removing gall stones perforated my bile duct and left a guide wire in me.

Resulting in having emergency surgery the same day, with a drainage tube and t- tube put in, in addition to foreign object removal. Spent 9 days in the hospital. Removed drainage tube in about a week (outpatient). Got an infection, back to the hospital. Removed t-tube about 2 months later... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 11, 2023

You may have a case. Problems can happen with or without negligence, even where it is a known risk. A medical expert would have to review the case. See an experienced attorney.

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1 Answer | Asked in Criminal Law for Maryland on
Q: would i be able to restore my gun rights having suffered a 1978, 2nd degree robbery conviction in new york

I have moved to maryland, gotten married in 1981, raised 3 children and owned and operated a jewelry store for 40 years and now retired and have not run afoul of the law since the conviction

Scott Scherr
Scott Scherr
answered on Jul 10, 2023

If this was a felony or a misdemeanor that carries a statutory penalty of more than two years in jail, then a conviction would disqualify you from owing or possessing a firearm in Maryland.

2 Answers | Asked in Civil Litigation, Small Claims and Real Estate Law for Maryland on
Q: Are there traffic laws in the State of and/or Montgomery County Maryland that govern double parking?

townhouse parking development-each house assigned two spaces. neighbor allows visitors to part behind her parked cars-causing two way road to be blocked

Mark Oakley
Mark Oakley
answered on Jul 10, 2023

Most townhouse developments ae governed by an HOA and the parking lots outside the rows of homes are private--not public-- parking lots. In that situation, you need to look at the governing documents and HOA rules for what remedies are available, which usually involves private towing contracts.

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1 Answer | Asked in Employment Law for Maryland on
Q: Can employer deny PTO after it has been approved because I am now putting in 1 month's notice?

I am planning on working the week following my vacation. They have known about my honeymoon since February and it is July now. There are no guidelines on PTO in the handbook.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Laws on this vary from state to state, however, in my opinion, if you are employed both before and after you take the approved PTO, the employer has to pay you for it in accordance with their policies. You should not have given notice until you returned from vacation, you created the problem by... View More

1 Answer | Asked in Family Law for Maryland on
Q: My question is, how can I answer this Interrogatory question with a proper objection for the State of Maryland

State whether you have had sexual relations with a person other than your spouse since the date of your marriage, and if your answer is in the affirmative, state the name and address of each person with whom you have had sexual relations, the date of each such activity, the location and address... View More

Mark Oakley
Mark Oakley
answered on Jul 8, 2023

If the answer is "No," simply answer "No." If the truthful answer is "yes," then you decline to answer on the grounds that your answer would tend to incriminate you, and you assert your right to remain silent under the Maryland and US Constitutions. Acts that meet the... View More

1 Answer | Asked in Family Law and Collections for Maryland on
Q: I'm unsure if I have a legal issue or not. I seperate with my non married partner which lead to me being sent to collect

Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: Is there a SOL on a DUI
Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Yes. An arrest/charge must be commenced within one year of the offense date. The trial does not have to take place within one year, but the prosecution must be commenced by issuing charges within that time.

2 Answers | Asked in Contracts, Personal Injury and Car Accidents for Maryland on
Q: Form requires indemnification for a car accidents

My sister is disabled and lives in Maryland. A new agency will to be providing services to her, namely getting her "out in the community" by driving her to, and helping her participate in, activities outside of the home. The staff member would be driving her in their own car and is... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

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1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: Can a landlord remove Commercial Tenant's Personal Property in Maryland for in paid rent without court permission?
Mark Oakley
Mark Oakley
answered on Jul 4, 2023

They need a judment of possession, which in commercial landlord-tenant cases can happen quickly--but they still need to file a court action to get it. Once they have judgment of possession, they can enter immediately upon issuance of the writ of possession and lock the premises and hold the... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Do I have any legal recourse against attorney who mishandled my case and can I file an appeal of Judge's Decision/Order?

I hired a foreclosure defense attorney who has been elusive, not responding timely to emails or phone calls. For several months I have been asking for a Statement of Charges against my initial paid retainer. I received an email demanding money without a breakdown of charges as requested. He has... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

File a fee dispute with either the Maryland State Bar Association or the local bar association for either Baltimore County or Baltimore City (if that is where the lawyer is located ot you are located), by going to the below link and identifying the correct fee dispute panel:... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Mark Oakley
Mark Oakley
answered on Jul 3, 2023

If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not...
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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Peace order was falsely filed on me from ex who is upset that I outed her affair to her new fiancé. What can I do?

My ex fiancé of 5 years decided to walk out one day and get with someone new. After only 4 months, she contacted me and Has been having an affair with me for 8 months. I recently exposed her as she and I both knew I had been keeping tabs on her lies. Now that she’s caught up she claimed she... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

You need to go to court and fight the accusations. Full stop. Everything else is of secondary importance. You will need to hire an attorney and combat the accusations. Unfortunately, most states do not have a penalty for making false accusations regarding protection orders. But you cannot... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Old assault claim

My ex is trying to bring up a made up assault case from February 2021. I called police because there was an argument. She told the police I hit her and she wanted to press charges. I wasn't arrested nor charged. We resumed the relationship, moved to another state, Jan of 2021 she attacked... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Probably not.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I filed for divorce first in Pennsylvania, can my ex file in another state months later?

I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Am I within my rights to withhold a month's child support if he'll be with me that entire month?

He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: How long does it take to get a to get a divorce case that was obtained on major fraud in front of the Maryland Supreme C

It has already been appealed but the majority of the evidence found after the fact.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Maryland on
Q: If add my father to the deed for my townhouse in MD, could that void the mortgage and let the bank take the house?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 29, 2023

Great question! In many situations, a new deed will trigger the "due on sale" clause in loan paperwork and require immediate repayment of the mortgage in full (for example if someone deeds all or part of their home or attempts to sell the house without paying off the loan).

A...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: My gutter moved away from my house, allowing rain to go onto the exterior of my neighbor’s attached house.

Minor rot damage resulted. Am I financially responsible for repairs?

Scott Scherr
Scott Scherr
answered on Jun 29, 2023

You could be liable for the damages if it was caused by your negligence in maintaining the gutter. If they make a claim, you can turn it over to your homeowner's insurance which should cover it.

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