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Maryland Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How do I expunge a case that has my incorrect birthdate?

I’m in montgomery county, Maryland. I want to expunge a Felony case from over 15 years ago. I purchased a copy of the indictment. My birthdate is incorrect on the first 2 pages and correct on the next 11 pages of the indictment. Someone used the incorrect birthdate and posted it on the internet... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Just file the petition using whatever information (name spelling, birth date) that is on the judiciary case search page for the case you’re expunging. Sign it and file it. The case will get expunged. Who cares about the birthdate on a case file that will no longer be visible?

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what can be done to force.executor to sell a house per the will

grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?

Richard Sternberg
Richard Sternberg
answered on May 28, 2023

Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Maryland on
Q: Are children allowed to play behind a bar in Maryland?

I’d like to report this man to the liquor board. Under his watch he’s allowed multiple children including his own to walk freely and play behind the bar at a restaurant.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I suggest that you report him. Could also be child endangerment, you might want to contact CPS. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Consumer Law, Real Estate Law, Internet Law and Landlord - Tenant for Maryland on
Q: Can I take legal action against HABC.org (Housing Attorney 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 with HABC (Housing Authority of Baltimore City). I begin working with the... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Take them to small claims court and good luck. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Maryland on
Q: I am a new real estate agent serving Maryland. Is the use of the word “Realty” prohibited in my business name?

I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.

As advised I’ve created an LLC (Carla Clemente Realty)... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 26, 2023

Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.

You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut...
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1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Q: Is it illegal for a private party to lie and sell a car that the air bags are not in the car when he said they are?
Scott Scherr
Scott Scherr
answered on May 25, 2023

You could sue for fraud if he told you that there were airbags in the car and there were not.

1 Answer | Asked in Uncategorized for Maryland on
Q: My vehicle was towed in to shop and now it has more wrong with it then when I took it there. “Engine noice” didn’t befor

This past Thursday I did a oil change like normal to save cost everything was fine then all as sudden car dies in middle of street so I tried to jump and texted battery then decided to get it towed to closest shop after getting it there they called me a week later stating that it’s the starter... View More

Scott Scherr
Scott Scherr
answered on May 25, 2023

You can make a claim against the shop or sue them if you can prove that they caused the damage to your car. You would need a mechanic to examine the car and determine that the shop damaged your car, how they damaged it, and the cost of repairs. If you file a lawsuit, you would need the mechanic to... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

It says a police department issued the subpoena to get information from my google account.

Am I charged with anything and I haven’t been contacted by the police yet if they contact me what should I say?

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

I think you are asking the right questions, and you see something coming that means you need to contact a Criminal Law attorney, and discuss everything fully with them in confidence. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Q: I was on interview at sheriffs office and made me take alcohol test. Interview said I smelled like alcohol

Can I sue for being accused of smelling like alcohol. I had to take an alcohol test which i passed.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Sorry that you were treated this way by the Police. The Police have an obligation to act when they have a reasonable suspicion, they don't have to be 100%. If you feel that the request was motivated by some improper reason, your civil rights may have been violated and you should consult with... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... View More

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: As a minor in Maryland can they use their phone on Bluetooth?
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

No, it is prohibited for a minor to use a wireless device while driving, whether bluetooth or any other form of access.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management
Richard Sternberg
Richard Sternberg
answered on May 20, 2023

While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Can I lend money to someone and ask for their car tile as collateral? Do both sign it? How do I give it back when paid?
John Michael Frick
John Michael Frick
answered on May 19, 2023

Title loans are legal and common, but because of abuses by some unscrupulous lenders, there is a whole body of law which has developed to protect consumers from predatory lenders.

This is not a simple DIY project. You need the services of a competent attorney experienced specifically in...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can a minor use Bluetooth while driving in md. My daughter was told by an officer that she could.

I look it up and found this driver.

Drivers under the age of 18

Drivers under the age of 18 may not use a "wireless communication device" (a handheld or hands-free device used to access telephone service) while driving, except to contact 9-1-1. Doing so is a primary... View More

Lee Eidelberg
Lee Eidelberg
answered on May 16, 2023

No, a minor cannot use a wireless communication device.

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1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... View More

1 Answer | Asked in Education Law for Maryland on
Q: Can I sue my school for giving me 6 day expired milk?

I drunk milk the school provided and realized it was 6 days after the expiration date.

Scott Scherr
Scott Scherr
answered on May 15, 2023

Assuming that you did not get sick, then you would not have a claim because there would be no damages. You may be entitled to a refund of your purchase.

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I filed a Chapter 7 bk in 20'. Bank never picked up, sold home now some stranger harassing me for it. Could I buy title?

Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More

Daniel Staeven
Daniel Staeven
answered on May 12, 2023

There is some good news and bad news in this situation.

If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car...
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