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Maryland Questions & Answers
2 Answers | Asked in Tax Law and Criminal Law for Maryland on
Q: Hi i own a store in Maryland and we didn’t know about tobacco products tax

we have got 2 tickets there code

TG.13.1014.b

BR 16.5-218

Mark Oakley
Mark Oakley
answered on Jun 11, 2023

The Tax-General code citation is a criminal misdemeanor that carries up to 90 days in jail and a $500 fine, and the Business Regulation code citation is a criminal misdemeanor that carries up to 30 days in jail and a $1,000 fine. Both are "must appear" charges, meaning you can't... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: One question violation of probation do I usually get a warning for that or is there a possibility that I could go to

Jail only thing I did was sending a message I didn’t threaten anyone or anything like that I just wanted to say sorry for what I did wrong

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

If the crime you’re on probation for carries jail as a penalty, then yes, jail is always an option. It will depend on the seriousness of the violation. If you were order to have no contact with the victim, then it doesn’t matter how good your intentions were as far as it being a violation, but... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do to find out who my harrasser is? And put a stop to it.

Over the past 4 years now, someone has placed orders in my name for magazine subscriptions; A real estate agent called my landline saying he received a message through Facebook (he would not give details about who or where) that my husband and I are divorcing and that my husband wants to sell our... View More

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

Only the police will have the investigative and legal resources necessary to obtain and trace back online postings, magazine orders, email correspondence, etc., from various company websites and internet providers, and connect them to the person responsible. That’s your starting point.

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I get off of pretrial services early in Maryland?

Or at least get a curfew

Scott Scherr
Scott Scherr
answered on Jun 10, 2023

You would need to file a motion to modify the pretrial conditions. The judge is unlikely to grant it absent a change in circumstances since the pretrial conditions were set.

2 Answers | Asked in Real Estate Law and Family Law for Maryland on
Q: My ex-girlfriend and I own a house together. She lives there I do not. The mortgage is only my name.

My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More

Mark Oakley
Mark Oakley
answered on Jun 9, 2023

This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Why would they reopen a case

They reopened my husband case and I was wondering why it says violation of probation but he’s been checking in

Scott Scherr
Scott Scherr
answered on Jun 7, 2023

It is impossible to know why a violation has been alleged. It can be for failing to pay restitution, complete court ordered treatment, pay court fees or probation fees, picking up a new charge, or any number of reasons. He should retain counsel to represent him. The Violation will set forth the... View More

1 Answer | Asked in Family Law for Maryland on
Q: What is the process of getting a qualified domestic order for a mutual agreed upon release of 401k funds?

May a motion be filed expeditiously if both parties are in agreement?

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

You need a consent motion to enter a qualifying order signed by both parties, and a proposed draft qualifying order (also typically signed by both parties, a family law magistrate and a judge). You will need a lawyer to draft the consent motion and qualifying order, and will need to contact the... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: I was exposed to acid-based chemicals 20+ years ago at work and have lost both legs and feeling in my hands and kidney..

Failure is legal action still possible at this point.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for the injuries you suffered from your exposure. Ordinary, statutes of limitations for injury cases nationwide are only in the order of several years, even in the most lenient jurisdictions. But... View More

2 Answers | Asked in Probate for Maryland on
Q: How long should it take to be appointed personal representative in Maryland?

My wife applied to be the personal representative of my MILs estate on April 21, 2023. As of June 5th, there is no response from the court. The register of wills did not have the latest will and we don't have an original, but we had a copy. My wife is listed as the primary representative... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Ordinarily, you are required to make a court appearance and produce the original will to be appointed as the personal representative of a decedent's estate. The fact that you don't have the original, but do have a copy, tells me that you may be trying to do something without an attorney... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can my tenants not pay rent if they are awaiting their washing machine to be fixed?

My tenant's washer broke in April. I immediately contacted my Home warranty program (AHS) and had a service technician come out. He said it would take 4 weeks for parts. He never contacted me back or returned my calls. I had to have a 2ns vendor come out and then they said it was a big job... View More

Mark Oakley
Mark Oakley
answered on Jun 7, 2023

They can't withhold full monthly rent for this type of breach of lease on your part, which it likely is, because the unit is not uninhabitable or made dangerous due to some unhealthy condition (in that scenario, they could petition to open a rent escrow and pay their rent into court and the... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Hello, I am attempting to make sense of what rights I may have as tenants in common with my brother in my fathers's Will

In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 5, 2023

Hi and thanks for posting a real estate question.

The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.

You describe a position...
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1 Answer | Asked in Environmental, Health Care Law and Small Claims for Maryland on
Q: Hi can you sue someone a free they knowingly let you in their house with flea infestation
Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Unless they intentionally planned to cause you to be infested with fleas without your realizing it, for some malicious reason or purpose, and you can prove that, then no. Same goes for suing someone because you caught a cold or the flu from them when they knew they were sick but failed to warn... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: I let my friend borrow my thumptack account. She used my name and email to get jobs. One of her clients is suing me!

Since she used my name I am the one getting sued what should I do!

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Defend the suit, file a third-party complaint against your friend. Since you probably don't know how to do this, you may need to pay a lawyer. If the amount of the suit is under $5,000, meaning it's a Small Claims matter, you may be able to defend yourself by filing a timely Notice of... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can my sons case be dismissed if they got his name wrong?

My son was stopped by police because they said the window tint on the car was illegal. When they ran his name they said that he had a warrant for a simple assault from March 2023. He was incarcerated in March 2023 and the assault allegedly took place while he was incarcerated. He was taken into... View More

Scott Scherr
Scott Scherr
answered on Jun 5, 2023

This is a misnomer that will be corrected. It will not result in the dismissal of the charges unless the warrant was meant for someone else. If he can show that it was not him and instead was this other person with a different name, that is a defense.

1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... View More

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... View More

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1 Answer | Asked in Consumer Law and Collections for Maryland on
Q: Can they repo your car off a gated garage with no warning or nothing where u live and pay to park
John Michael Frick
John Michael Frick
answered on May 31, 2023

Typically, auto finance companies and banks are required to give the borrower notice that their account is past due before repossessing the car pledged as collateral.

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Any legal ramifications for withholding a will when someone passes ?Also related, anyway to find attorney who prepared

My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills

I believe his son found the will.... View More

Mark Oakley
Mark Oakley
answered on May 31, 2023

Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?

The purported...
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1 Answer | Asked in Car Accidents for Maryland on
Q: question, I was hit by a uhaul truck last year on Aug 2nd. And it has not settled yet. Why is it taking so long

I was hit by a uhaul truck last year. It was the other party's fault. I've been to therapy and finished everything. My lawyer has all the drivers info but she does not want to cooperate with her insurance investigation. It's frustrating because my life has been ruined and it seems... View More

Joel Gary Selik
Joel Gary Selik
answered on May 30, 2023

Your attorney should answer this question for you.

It can take a long time, many months, sometimes years, to do all that is necessary to even ask for a settlement, and longer to get a settlement. And, if a lawsuit is filed, it can take years to get to trial.

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