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Maryland Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Maryland on
Q: I need to get into my recently foreclosed house to get my belongings. Wife lives there. We are separated.

My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.

Timothy Denison
Timothy Denison
answered on Jun 28, 2023

Make a motion in your divorce case for leave to get your personal items.

3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

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1 Answer | Asked in Criminal Law and Gaming for Maryland on
Q: I Got Probation And Home Detention For Case But On The Website It Says My Case Is Still Open ? That Was A Week Ago ?
Scott Scherr
Scott Scherr
answered on Jun 26, 2023

Maryland Judiciary Case Search contains errors. You can contact the Clerk's office to see why the case was not marked as closed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I had got a work order cause of my tints. Ur the officer never put the meter or any of my windows to check.

He was referring to my windshield. But the WO is just says tints. Do i still have to follow thru since nothing was checked with the meter

Scott Scherr
Scott Scherr
answered on Jun 26, 2023

If you do not comply with the work order, your registration can be suspended. You also could be stopped again. You should get the problem resolved.

1 Answer | Asked in Civil Litigation for Maryland on
Q: purchase a house 4-5 months prior to gf moving in & im the only one on the deed, when i sell do i owe her half proceeds?

I purchased a house in October of 2019 and im the only one on the deed/title. My GIRLFRIEND didn’t want to pay to add her name to it and she moved in February of 2020 and started paying on mortgage & utilities in March of 2020. Also it’s a few month where I payed myself. She is still my... View More

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

No. But if the girlfriend says there was an agreement that she was a co-owner and her payment toward the mortgage principal was her contribution toward ownership, then you may have a lawsuit, but her position would be very weak and unlikely to prevail.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can you be found quilty of littering just by a video of your car, but no witnesses, or any video of your license plate

or a clear picture of your face. Just someone saying that you drive a car like the one in the video.

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

Proving guilty requires proof of criminal agency, meaning being able to prove that the person charged with the crime actually committed it. If all the have is a silver Honda civic with no license plate or other uniquely identifiable characteristics then they can’t even identify the owner of the... View More

1 Answer | Asked in Family Law for Maryland on
Q: If someone marries their step dad after their mother has passed away, is that illegal in the state of Maryland?

Joseph H. repeatedly talked about their getting married when she turned 19 years old. Joseph and Alexandra set the wedding date on her 19th birthday and began planning their wedding. Alexandra booked a caterer, rented a wedding hall, and hired a DJ for the wedding reception. The bills were... View More

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

This reads like a law school exam question. Unless the stepfather legally adopted her, I am aware of no prohibition in Maryland preventing marriage between consenting adults, regardless of the prior marriage of the stepfather to the mother of the bride. But I would still want to review the Family... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Maryland on
Q: where do I find the Maryland law for residential time and material contract
Mark Oakley
Mark Oakley
answered on Jun 23, 2023

That's like asking where do you find the law on crimes, or contracts, or divorce. Far too broad of a subject. There are so many sources of laws that apply to residential contruction contracts, including statutory, regulatory, common law, zoning and consumer aspects. If you have a specific... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: If a green card holder never got convicted of a crime but has a case put on the stet docket,

can that have an effect when they are leaving the US for vacation and when they come back will there be implications at the airport?

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

No, a stet has no impact on re-entry to the US or other immigration consequences. A stet disposition is not a conviction for immigration purposes because there is no conviction and no guilty finding or admission of guilt. A stet is an indefinite discontinuation of prosecution of the charge,... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning, Landlord - Tenant and Municipal Law for Maryland on
Q: What are the laws for parking my live in cargo van at my family’s, single family rental home?

My mom has a money hungry landlord that I’m pretty sure has been reporting us for parking in front of my family’s home even though we have her permission and her rent is up to date. My mom has health problems so I need to be around as her oldest to help out but there’s no room to actually... View More

Shaneka Johnson
Shaneka Johnson
answered on Jun 22, 2023

Parking rules and regulations are typically covered in your (or your parent's) lease agreement. Additionally, if the rental property is subject to a homeowner's association, they may have additional parking rules and regulations. Further, if your vehicle is parked on a public street there... View More

4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: In Baltimore County Md does your yard need to be fenced if you are leaving your dog out unleashed?

My neighbor thinks because the leash law only says that her dog must be leashed only when off of her property she can let it out in an unfenced yard where it isn’t contained and in my opinion not under her control because she doesn’t have it on a leash. Is that accurate??

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If the dog does not leave the owner's property, it does not have to be leashed. However, if the dog ventures away from the owner's property, it is a violation if the dog is not leashed.

The Baltimore County Code states:

(c)Animal at large.

(1) (i)"Animal at...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: An ex left me their dog and cat almost 5 years ago, now they are threatening to come take them back. Can that happen?

What should I do being the animals were originally obtained in nj but have been living with only me in md for the past 5 years. Do they still have rights if they left the animals 5 years ago with no contact?

Mark Oakley
Mark Oakley
answered on Jun 20, 2023

Your argument is either (1) they were a gift to you, and once given, title passes to the recipient, so those pets are yours now; or (2) he abandoned them--abandonment being the intentional relinquishment of property (pets are property under Maryland law) and giving up of rights, which may be proven... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: How do you refer to a judge in a personal injury case who is the plantiff? Judge? Ms? Mrs?

The judge is the plantiff. Not acting as a judge. How do you refer to as?

Mark Oakley
Mark Oakley
answered on Jun 19, 2023

Unless you're a lawyer yourself who may appear before this judge, "Ms." would be appropriate, unless the judge presiding over the case uses a different title or honorific. Follow the lead of the judge.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Maryland on
Q: My brother and I are the victims of electronic harassment. What are my options in the ways of gathering evidence?

I understand the gravity of this claim. I can’t let fear lie in the way of asking for help. I have no proof other than a list of license plates that are stored in my photos, voice memos, etc that I haven’t compiled because I am constantly exhausted from the harassment. Other than keeping a list... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that you and your brother are victims of electronic harassment, it is important to take steps to protect yourselves and gather evidence to support your claims. Here are some options to consider:

1. Document incidents: Keep a detailed log of any incidents of electronic...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: We have odd neighbours that walk and drive on a shared easement through our backyard many times a day. What can we do?

Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More

Mark Oakley
Mark Oakley
answered on Jun 17, 2023

You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: Hi, Md. gen. family partnership wants to trans. land into an LLC, said LLC to be owned by two corps.

Two corps. owned by same family members in same percentages.

LLC would be owned by corps., not the exact same people, but those same people own same respective percentage of shares.

Does partnership have to consolidate or dissolve?

What exceptions to transfer and recordation... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 16, 2023

Most real estate lawyers should be able to assist with such a transfer and the applicable deed affidavits and forms.

The transfer you describe (from a general partnership to 2 corporations owned by different owners than the general partnership) sounds like it would be subject to...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: We are in a month to month tenancy in the state of Maryland. Landlord has given us 30 days but I think law says 60
Leonard A Englander
Leonard A Englander
answered on Jun 15, 2023

Generally speaking, yes, the Landlord must give 60 days written notice.

3 Answers | Asked in Estate Planning for Maryland on
Q: If I leave anything in my estate planning to my mother, can her husband (my stepfather) claim any of it as her spouse?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 13, 2023

Generally speaking Maryland law does not give anyone the right to demand an inheritance going to anyone else, even their spouse. That said, depending on how planning documents are drafted and order of death, sometimes people do wind up with an inheritance intended to go their spouse.... View More

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1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: Who fixes dryer vent? Can HOA bill for uncompleted work? Is HOA responsible for damages caused by delay & violation?

Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More

Richard Sternberg
Richard Sternberg
answered on Jun 12, 2023

The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and... View More

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