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Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for second degree assault, does this affect your suitability for Federal Armed contract security?
Scott Scherr
Scott Scherr
answered on Feb 14, 2023

A probation before judgment is not a conviction, but can show up on a background check. You should get it expunged as soon as you are eligible. You should answer all questions truthfully on the application. No one can tell you whether this will affect your ability to get the position.

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... View More

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: I ordered and put down a deposit on a 2022 Ford Maverick. The dealership just sold the vehicle out from under me.
Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Read your contract. The fine print. Did they promise you a specific vehicle by VIN#? Does the contract say they may get you an equivalent vehicle and may choose to sell the specified car to someone else? Does the contract say your sole remedy is return of your deposit or acceptance of a similar... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is ta 21-1001(b) moving violation in Maryland?

I left my car running and entered to buy a coffee. When I returned an officer cited me for leaving my car running. I just want to know if I could just pay the fine$60, if it is not a moving violation. Thanks

Scott Scherr
Scott Scherr
answered on Feb 13, 2023

It is not a moving violation and does not carry points. The statute states that "(b) Except as otherwise provided in this section, on any highway outside of a business district or a residential district, a person may not leave any vehicle standing, without providing an unobstructed width of... View More

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1 Answer | Asked in Civil Rights, Appeals / Appellate Law, Domestic Violence and Libel & Slander for Maryland on
Q: I had someone who FALSELY filed a Peace order on me back in 2019. Can I still get a transcript and legal action.

In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My work place threw away my $800 bike without proper notice how do I get what it's worth if they're resisting?

All of the bikes on the rack in our parking garage were thrown away, multiple other employees (including supervisors and some dept managers) were not aware. We found out after the fact that only the condo owners were sent an email to get their bikes if they don't want them thrown out. The bike... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

Claims not exceeding $5,000 in value may be filed in District Court as a Small Claims matter. The District Court complaint form is available as a fillable PDF document on the court's website, or a paper version can be obtained from the clerk's office. The rules of evidence do not apply... View More

2 Answers | Asked in Social Security for Maryland on
Q: Hello,How do I get a document regarding the exact diagnosis SSA is using for my Spouse's disability?

How do I go about getting the exact diagnosis that Social Security has used to declare her disabled? Is there a specific government form I can use? I need to justify her physical disability for the private insurance company. This will extend her private coverage for additional years beyond mental... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

First, in order for you to request your wife's SSDI records and any medical records, you will need her to sign a HIPAA compliant authorization designating you to make such a request on her behalf, or you must have an appropriate power of attorney executed by her naming you as her agent to do... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for a second degree assault in Md. is that a disqualifyer for a Md. handgun permit?
Scott Scherr
Scott Scherr
answered on Feb 10, 2023

If it was a crime of domestic violence, then the PBJ is a disqualifying act. If it was not domestic violence, then it is not a disqualifying act.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I got ticket charged with 13-411(f), but have record of renewal of 2023 and 2024. Should I contest in court?

I'm driving my brother's car and got ticket at parking lot. Ticket description: displaying expired LC plate, decal expired 2022. But I have record of renewing and did put sticker for 2023 (expired in March). Now the sticker isn't there and I was charged. Should I contest? What will I need?

Scott Scherr
Scott Scherr
answered on Feb 9, 2023

Request a trial within 30 days and go to court. Bring proof that the tags were current and explain to the judge what happened. You should also replace the sticker and bring proof (a picture) of the new sticker. If the police officer appears, you will be acquitted. You can still have a trial even if... View More

2 Answers | Asked in Collections for Maryland on
Q: Can a debt collection agency collect a debt for a 40 year old traffic ticket issued by the state of Maryland?

This ticket was paid but I have no proof as it was 40 years ago

Mark Oakley
Mark Oakley
answered on Feb 9, 2023

Pursuant to Courts & Judicial (CJ) Proceedings Code, 5-107, "a prosecution or suit for a fine, penalty, or forfeiture shall be instituted within one year after the offense was committed."

Under CJ 7-505, "Unpaid and undischarged fines and unpaid costs may be levied,...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: ticket for driving with suspended registration due to missing smog check in Maryland

My wife received a ticket for driving with suspended registration due to missing smog check yet I have paperwork showing the current smog check still has 8 months on it. The only option on the ticket is "request a trial" which seems way to much for what seems like a clerical error. Is... View More

Scott Scherr
Scott Scherr
answered on Feb 9, 2023

You cannot clear this up without going to court. She should request a trial within 30 days of the ticket and go to court. She should bring proof that her registration is valid and the emissions test. She should be acquitted under these facts.

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2 Answers | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: Who is at fault for an accident at intersection?

If both ways have green lights and no arrows. A driver turning left from one side, another turning right from the other, so both heading to the same spot. If they collide and the driver turning right did nothing to avoid, but driver turning left didn’t yield properly, who’s at fault? Does... View More

Mark Oakley
Mark Oakley
answered on Feb 8, 2023

The vehicle turning left in your scenario must yield the right of way to the vehicle coming in the opposite direction and making the right turn. The vehicle making the left turn is at fault for the accident.

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1 Answer | Asked in Family Law for Maryland on
Q: Can I get my fathers name removed from my birth certificate at 16 years old?

My father was abusive and had 50% 50% custody if me and my siblings. I havent seen him in about 5 years and I want to remove his name.

Mark Oakley
Mark Oakley
answered on Feb 8, 2023

No. By law, "If the child's mother was married at the time of either the conception or birth or between conception and birth, the name of the mother's spouse shall be entered on the certificate as the child's other parent." If the mother was unmarried at any of these... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How do you obtain a statewide ministerial license in Maryland and Virginia? is one required in both states?
Mark Oakley
Mark Oakley
answered on Feb 7, 2023

There are many providers of minister/clergy licenses where you can get "ordained" in a day or less. Maryland does not have a formal set of laws or regulations about this, beyond the general provision of Family Law Code 2-406(a) for performing marriages: "A marriage ceremony may be... View More

2 Answers | Asked in Contracts for Maryland on
Q: What’s the law about the earnest money deposit disbursements when the loan is denied in Maryland?

Thanks Mark! Is there a statute law in Maryland about the financial contingency? Is it possible to waive the financial contingency though the buyer need to get a mortgage to complete the contract?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

It depends on the contract, whether you signed a financing contingency, whether you as the borrower failed to follow through in good faith with the loan application process, etc. Ordinarily, with a financing contingency, if the buyer fails to qualify for a mortgage per the contract terms, then the... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: I am a beneficiary of a trust. Am I entitled to know the sources of my inheritance and what other beneficiaries receive

I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?

Mark Oakley
Mark Oakley
answered on Feb 5, 2023

You are entitled to a copy of the trust and an annual accounting of the transactions and investment experience of the assets of the trust.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Maryland on
Q: How should we proceed with the search that looks like was unlawful and a violation of rights.

My son which is a black 21 year old male was recently arrested in Ocean City MD over the weekend 12/31/22 for what we can only see as him being profiled but we live in Virginia. He was told by the police officer that pulled him over that his license plates didn't match his car and that he... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... View More

1 Answer | Asked in Family Law and Juvenile Law for Maryland on
Q: Is it illegal for my former step mother to pose as my biological mother(legal guardian) in order to get medical info

My former step mom has done this on multiple occasions since my dad divorced her, even though she is not a contact for my doctor. Most recently she tried to cancel my therapy appointment. I am a minor.

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

No. It is illegal. Discuss this issue with your parent(s) and ask for them to either file charges, or file for a protective order on your behalf against her from interfering with your medical care, medical records, and otherwise contactingyou.

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?

Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...

§5–106.

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... View More

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... View More

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

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