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Maryland Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... View More

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: can I sue the business I work for as a contractor?

I have been a contractor for business A for a year and a half. I have single highhandedly successfully expanded their business all while, here are some details:

-been paid sporadically, almost never on time. This has affected my personal financial issues

-been owed up to $6,000 but... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You have not described any circumstances supporting a viable legal claim. You are a contract employee, but you do not descibe any written contract terms. If you have a contract, your rights are contained in that agreement. If you do not have a contract, or it's verbal, or you no longer wish... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I was given a ticket on I-95N for Maryland's TA 22-223 (c) by a Sheriff. Can I fight this with lawyer or pay the fine?

It was on 01/11/2023 at 7:43 PM on I-95 North at MM 80. There was slight fog and I was using my High Beam of headlights. After a while a cop was following me for less than half mile and then gave me a ticket with Maryland's TA - 22-223 (c) in Harford county. Ticket says I need to pay $60 fine... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2023

Subsection (c) of this section of the Code makes it a violation to drive behind another vehicle within 300 feet with your high beams on. It is unclear how this officer determined you were violating that section, as the officer was behind you. The charge is not a moving violation and carries no... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can equitable tolling of the SOL be applied to issues that were incorporated in prior lawsuits that were dismissed?

Can equitable tolling of the statute of limitations be applied to issues or claims that were incorporated in prior lawsuits that were eventually dismissed for other technical reasons?

Mark Oakley
Mark Oakley
answered on Jan 11, 2023

Maryland courts construe statutes of limitations strictly, and equitable tolling only will be applied to suspend the running of a statute of limitations if the defendant holds out an inducement not to file suit or indicates that limitations will not be pleaded. Otherwise, the time to file suit... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a pending assault trial coming up. What does “request for check” mean as it’s the latest thing on the case search
Scott Scherr
Scott Scherr
answered on Jan 11, 2023

I have never seen that before. Check with your attorney. If you are not represented by counsel, you can call the Clerk's office to inquire.

It sounds like someone is requesting a check to make a payment for a service.

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2023

No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... View More

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: Under 21, 1st offense, under 10 grams Marijuana, Maryland, do I need an lawyer?
Scott Scherr
Scott Scherr
answered on Jan 7, 2023

It is a civil citation and not a criminal charge. You cannot be sent to jail. Since you are under 21, the judge can order you to a drug treatment or education program.

An attorney may be better able to raise technical defenses such as insisting the State be able to prove the substance was...
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2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally possible for a man to seek to establish paternity of a child, even if the child is no longer alive. Paternity can be established through a legal process, either voluntarily or through a court order. In some cases, paternity may be established through genetic testing.

If a...
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1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Maryland on
Q: My employer filed a false police report against me. How can i sue for defamation and slander?

I was fired from my job and my employer went to the police and filed a false police report that was slanderous and defamation of character. They also choose to not pay me for my last week of employment. The case is ongoing with the police. I gave them all the proof of my innocence.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

First things first: hire a criminal defense attorney and focus on defendin and winning the criminal case. Until you win that, and avoid a conviction and possible jail, you have no viable civil suit. If you beat the criminal case, then discuss possible civil claims against your employer, but not... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: my store is month to month lease. I have deliqunce cus Pendemic. I am on payment plan but they start charging penaly

landloard start to charge penalty after I complaint about smoking from next new store. They did not any action for this. Now send me termination notice.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

Commercial leases are seldom forgiving in their terms, and are generally largely in favor of the landlord. In a situation where you are in clear and admitted breach of the single most important and basic term --the timely payment of rent-- you have little to no leverage; worse, you're... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Mark Oakley
Mark Oakley
answered on Dec 31, 2022

Depends on the facts of the offense, but avoiding a conviction and being eligible for a full expungement of your criminal record is a reasonable expectation, but how and when you achieve those things, and in what form (community service and charges dropped; a stet docket deal; a plea to just one or... View More

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2 Answers | Asked in Collections for Maryland on
Q: Hi currently my wages are being garnished. What can I do to have the payments lessened?

I'm experiencing a financial hardship due to this garnishment. How can I request to have the payments lessened so that I can maintain my other financial obligations?

Scott Scherr
Scott Scherr
answered on Dec 30, 2022

You should speak with a bankruptcy attorney to see if bankruptcy is an option for you.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Thank you for your time and response. It’s greatly appreciated. I’ve always wanted to be in my sons life, but

Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?

Mark Oakley
Mark Oakley
answered on Dec 29, 2022

The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Is conspiracy to assault first degree a non violent misdemeanor?
Mark Oakley
Mark Oakley
answered on Dec 29, 2022

Assault in the First Degree is a felony that is classified as a crime of violence by the Maryland Criminal Code, Section 14-101. Under the Maryland Sentencing Guidelines, conspiracy to commit any offense is classified for sentencing purposes the same as the offense the defendant conspired to... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi I thought I have a felony but when I look my case up it say this: CJIS Code:CONVERTEDCODE , charge class misdemeano

Charge Description- CDS MANUFACTURE/DISTRIBUTE-NARCOTIC; CJIS#: 20696

Charge Class: converted degree

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Look at what charge you were found guilty of or pled guilty to, as the original charge may have been amended down to a possession level misdemeanor as part of a plea deal. The original charge may remain on site simply because that’s what you were arrested/indicted on before your lawyer and the... View More

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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Should I pay for a renewal?

I signed for a Bootcamp in Baltimore on September 2022, I didn't realize they had a renewal clause in the agreement which I signed. I signed only for a month and I stopped going to the bootcamp.

Now, on December I received a charge on my credit card for 1.600$ from the bootcamp.... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Without reading the contract terms and reviewing any consumer protection statutes that might apply to your situation, it is difficult to fully evaluate what legal rights you may have to contest the renewal directly. For instance, healthclub memberships are not allowed to contain automatic renewal... View More

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