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2 Answers | Asked in Bankruptcy for Maryland on
Q: I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented th….

I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 10, 2023

Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

1 Answer | Asked in Criminal Law for Maryland on
Q: When doing a traffic stop and the police is using a drug dog are they supposed to touch your car
Scott Scherr
Scott Scherr
answered on May 8, 2023

There is nothing prohibiting the police from touching your car during a traffic stop or have the dogs sniff your car and touching it. Whether they can search your car is a complication question depending upon the specific facts of your case.

1 Answer | Asked in Legal Malpractice for Maryland on
Q: Is it legal malpractice if your trial lawyer doesn't tell prosecutor you want to make a plea deal when you ask them to

If while waiting for trial you ask your lawyer to request a plea deal with the state numerous times but he never does because he thinks he can win.

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Yes, that is probably legal malpractice. But it would be very difficult to prove damages resulting from the malpractice. Additionally, some states have laws that have strict requirements for legal malpractice cases. Consult with experienced legal malpractice specialists in your state.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Maryland on
Q: Is it legal malpractice when your appeals lawyer sends another lawyer in his place without your consent or telling you

If your told your appeals attorney will be at court defending you but sends someone else you've never talked to instead without talking to you about it. He also failed to send another lawyer from the trial court county to testify he would have tried your case differently when your seeking... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It depends on the fee agreement and other facts. Generally, an attorney hiring and using associated attorneys is acceptable.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: If a land parcel is owned by the same parties equally but a portion is held in a llc and other held as individuals.

Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?

Mark Oakley
Mark Oakley
answered on May 8, 2023

The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My job has a policy where they give out tips only once a year and you don’t get any if you get fired/quit. Is this legal

I am now unemployed from there and am wondering how I can get my tips I earned still. I don’t know how to go about it because this policy was a verbal one, so should I begin by sending an email asking about payment options? All tips are strictly in cash too. Thank you

Mark Oakley
Mark Oakley
answered on May 7, 2023

Either hire an employment lawyer or file a complaint with the Maryland Wage and Labor Board.

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml#:~:text=To%20request%20a%20claim%20form,prior%20to%20beginning%20an%20investigation.

2 Answers | Asked in Personal Injury for Maryland on
Q: My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house.

My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house. We are willing to replace the dented siding but the owner is saying that we need to replace his entire siding because the new siding won't match the old siding. I have called for an... View More

Mark Oakley
Mark Oakley
answered on May 7, 2023

These types of unreasonable demands based on aesthetics often become impossible when the one party wants a whole replacement with brand new siding for their entire house based on one unmatched panel. They’re not entitled to that. Call your homeowners insurance company. It is very possible your... View More

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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I go about getting a custody order that was given in Georgia back in 2017 enforceable in Maryland?
Mark Oakley
Mark Oakley
answered on May 7, 2023

In order to enforce an out-of-state judgment or order in Maryland (or in any other state) you need to first obtain an “exemplified” or “triple seal” copy of the order/judgment from the state that issued it. This is different from a regular certified copy. It requires three signatures... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I called the police station and made a possible threat. What can happen to me?

Deleted

Mark Oakley
Mark Oakley
answered on May 7, 2023

I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are my options for a weapons charge in Maryland for a gun registered in Virginia

Other individuals in the vehicle were in possession of legally registered weapons as we traveled through the state but I did not have a weapon in my possession

Scott Scherr
Scott Scherr
answered on May 5, 2023

The gun laws in Maryland are much stricter than in Virginia. You will need to retain counsel to represent you. An attorney will be able to explain the law and your possible defenses.

1 Answer | Asked in Bankruptcy for Maryland on
Q: If I filed bankruptcy and I have an automatic stay does my creditor Carmax have to return my car if it was repossessed?
Timothy Denison
Timothy Denison
answered on May 5, 2023

If the car was repoed before the filing, they do not have to return it but if it was repoed after the filing, they must return te car to you.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Could I call a tow truck on a car that is blocking the sidewalk for weeks now? Should I leave a notice to move the car?
Lee Eidelberg
Lee Eidelberg
answered on May 5, 2023

If the car leaves and returns to the location and continues to block the sidewalk on each occasion, a note on the windshield might suffice. If the car has remained in place for some time, the better approach might be to call the police and report that the car is seemingly abandoned and/or, if... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: A friend plead guilty in district court and was sentenced to 6 months in jail

Can they appeal the case to circuit court and be released from jail the same day how does this work can someone please answer this and help me so I can relay the message I was told the fee was 87 dollars and it takes effect same day so they are released never dealt with this

Mark Oakley
Mark Oakley
answered on May 4, 2023

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can BURGLARY-4TH DEGREE/TOOLS be expunged in Maryland this charge is from 2016

Plead guilty no longer on probation

Scott Scherr
Scott Scherr
answered on May 3, 2023

If you received probation before judgment, it can be expunged now. If you were convicted of 4th degree burglary and did not receive probation before judgment, you are eligible for expungement 10 years from the end of parole or probation assuming that you otherwise eligible for expungement.

1 Answer | Asked in Criminal Law for Maryland on
Q: Was placed on 3 years probation given a PBJ March 10,2023 I am complying with probation and mental health treatment

My agent isn’t in disagreement for unsupervised probation because they still do monthly checks to make sure I haven’t gotten new charges and I’m complying with mental health treatment how long should I wait to file a motion to ask for unsupervised probation because it’s effecting my mental... View More

Mark Oakley
Mark Oakley
answered on May 2, 2023

Way too soon. It’s been what, a month and not quite a half? Of a 3 year probation? You’ll just anger the judge.

2 Answers | Asked in Family Law and Immigration Law for Maryland on
Q: So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mo

So I’m from italy, I am 17 and I came in USA 4 years ago, now I’m going back there to start university but my abusive mom doesn’t want to renew my passport and I’ll have to wait till Im 18 but University things are starting now, can I still do something to make her do what she should? (I... View More

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

You may be able to apply for a passport from the Italian Consulate closest to you.

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