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Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: I have a license to carry and conceal a firearm. Does pleading guilty to PBJ felony disqualify to carry?

PBJ FELONY of MWID, does that disqualify me to carry my firearm and do I need to surrender my license during the probation period? Also after probation has ended , can it be expunged and gun rites be reinstated?

Scott Scherr
Scott Scherr
answered on Apr 15, 2023

A PBJ for a felony will disqualify you. I do not know the answer to your question about what happens if you get the charge expunged.

1 Answer | Asked in Criminal Law for Maryland on
Q: Does the police have the right to search my sons stroller without my consent?

permission?

This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer... View More

Scott Scherr
Scott Scherr
answered on Apr 11, 2023

The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long does my property management company have to submit documents per MD. Code, Real Property § 8-212.4?

The documents were never provided at the beginning of the lease. I requested the documents in a written letter on 3 March 2023. I still have not received the documents. I advised in the letter that I would pay my utilities once the documents were received. Another bill is now forthcoming. I intend... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 10, 2023

The code section you reference applies to ratio billing systems (in other words utilities that are not separately metered but instead allocated amongst tenants by the landlord). According to the code, certain information about same must be provided to prospective tenants before a lease starts.... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How to find out if a business had a grandfather clause

This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2023

You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made... View More

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1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Should you file jointly or separately for taxes when one of the spouses has Chapter 13 bankruptcy?

I have done my taxes both jointly and separately-

Jointly the total refund = $3063, Separately: Spouse #1: $1100 refund and Spouse #2/Debtor: $950 refund

I see in the Chapter 13 Plan- that if I "file jointly Debtor may retain $1500"- is that of the total $3063 or do... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

File separately.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a probation be extended after the initial period has ended?

My probation ends on 4/30. I have not finished paying restitution. After 4/30, can the victim ask for an extension?

Scott Scherr
Scott Scherr
answered on Apr 9, 2023

Your probation can be extended by the judge to allow you time to make restitution. You also can be violated for failing to make restitution. It would be better to have your probation extended that to be violated and possibly sent to jail.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Scott Scherr
Scott Scherr
answered on Apr 5, 2023

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?

Mark Oakley
Mark Oakley
answered on Apr 5, 2023

Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Just found out the house I’m living in is going through foreclosure am I a bona fid tenant

I have been living with my grandma the house is in her husband name no blood to me at all I found out he has been taking my half but not paying his and the mortgage will I still be a bona fid tenant after it sells will I get a 90 day notice to leave still because he is not blood related to me and... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

Unless you have a formal written lease and live in a separate unit with its own entrance in the property, you will not likely be treated as anything other than a member of the owner’s extended family. Regardless, you have a lot more than 90 days if the house has not yet been sold at a foreclosure... View More

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: Contractor got money but never completed restaurant buildout

I paid a person having Construction Firm license to build a restaurant but he escaped with money & never delivered. I paid him a lot of money already, but he delivered minimal work and all went wrong. I live in Maryland, so does he. Kindly please advice what I can do. Thank you.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 4, 2023

If you think he has assets sufficient to satisfy your debt, consider a lawsuit in the courts. Depending on the amount to be claimed, you can sue in either the district or circuit courts. There are many causes of action for breach of a contract to provide construction services. You can also... View More

1 Answer | Asked in Real Estate Law and Constitutional Law for Maryland on
Q: Profile Case - Name on Deed not Mortgage. Trustee sold .Did not sign any paper work

Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 4, 2023

Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Maryland on
Q: What can done to stop someone from using a police scanner and sharing crime, accident and out of context info on f book?

Someone created a Facebook page and he listens to a police scanner and posts their audio, follows police to crime scenes and accidents. Etc. He reposts out of context info. Reposts deaths before family’s are notified. He claims it’s to keep the community safe but he tarnishes individual and... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

It can be frustrating and concerning when someone shares sensitive information on social media platforms, particularly when it involves crime, accidents, and personal details. But these are the perils of having the 1st Amendment. I don't think you have any reasonable path to stop what he is... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Can my employer request that I fill out a timesheet as an independent contractor?
Ronald V. Miller Jr.
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answered on Apr 4, 2023

I would say yes. As an independent contractor, you are typically considered self-employed and not an employee of the company for which you are providing services. But this is just a practical request to keep track of the work completed and ensure accurate invoicing rather than an employee-employer... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, my tenant is asking me to hang a large mirror that was left inside of the property. I would rather remove it due

to not wanting to be liable if something were to happen. However, they really want the mirror to be hung. How can i go about this so that i am not liable?

Mark Oakley
Mark Oakley
answered on Mar 31, 2023

If you own the mirror, or because it was abandoned by the prior tenant you may claim ownership, then it's yours to do as you please: retrieve and dispose of it, sell it, or give it away. If you give it to your new tenant, then you should make clear you are giving ownership of it to them, and... View More

1 Answer | Asked in Criminal Law, Employment Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can a person with a 9 year old felony possession CDS charge or conviction obtain an Insurance License in MD?
Scott Scherr
Scott Scherr
answered on Mar 31, 2023

I do not know whether you are eligible to get an insurance license, but you are eligible to get your record expunged 15 years from the end of probation assuming all other criteria are met.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?

This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2023

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I get my daughter’s name removed quickly from a house we own jointly? Daughter in agreement. No Mortgage
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 29, 2023

This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.

I agree that a real...
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1 Answer | Asked in Collections and Probate for Maryland on
Q: How long can creditors make claims on a decedent's estate? All notices were given and the estate closed in Dec 2022.

The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?

Mark Oakley
Mark Oakley
answered on Mar 29, 2023

If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More

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