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Maryland Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: Good morning,

I have an 8 year old son that resides in the state of Maryland. Me and the mother were never together as a couple, but with a few dealings she became pregnant. I've seen my son twice within the eight year span, and that was when he was just a year old. The mother had been unhappy because I... View More

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

No, you cannot do it unilaterally. If the "father figure" and your ex get serious, and get married, and if the father figure decides he would like to adopt your son as his own child, then with your voluntary consent you could allow the adoption and give up your parental rights in that... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: If driving on a two-lane bridge with no median and youre in an accident, keep driving until youre off it, or pull over?

I recently saw a dashcam video where an individual was driving on a two-lane bridge (with no median or place to pull over) on the left-hand lane when a car cut them off from the right lane merging into their lane. They hit the car and swerved right, continuing to drive. Would that be a hit-and-run?... View More

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

The person is supposed to pull over to a safe location so as not to impede traffic and then stop. If the person does that, it is not a hit and run.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My son is in Baltimore Jail on Criminal charges since October without public representation.

He's had a postponement but has not talked to anyone. What can he do?

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

He should either retain private counsel or the Public Defender if he cannot afford a private attorney.

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbors are parked in a driveway not belonging to them.

They live at 1342 and parked in the driveway of 1351

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

If they are parking in your driveway without permission, go ask them to move their car or have them towed. If it’s not your driveway, it’s none of your concern. Plus, how do you know they don’t have permission to park there from the owner?

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Maryland on
Q: How do I properly spend down funds to keep ssi/medicaid?

Good Evening,

My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... View More

Mark Oakley
Mark Oakley
answered on Dec 25, 2022

You may find this article helpful, although it is a bit dated (2011) and laws change:

https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/

To clear the whole amount you might purchase a special bed for her, one...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I was given a dog back in June 2022, now its almost 2023 and their threatening me to give the dog back?

I have vet records in my name. The original owner got incarnated and his girlfriend is who gave me the dog. Legally what can they do to get the dog back do they have any rights ? Thanks

Mark Oakley
Mark Oakley
answered on Dec 21, 2022

If the dog was not the property of the girlfriend, she had no legal right to give it away without authorization and consent of the incarcerated owner. If the incarcerated owner gave her that consent, then that's a different matter. A person (you) who receives a gift or even purchases... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I got a camera ticket in a company car, do I have to pay it. My name is not on the ticket.
Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Great question! So, a camera ticket is mailed to the registered owner of the vehicle. Because obviously, the State has no idea who was driving, and the law presumes that it was the registered owner. But! It is a rebuttable presumption! The registered owner can contest the citation by identifying... View More

1 Answer | Asked in Child Support for Maryland on
Q: Can I transfer child support from one state to another if the other parent is behind in payments?

moving from DC to PG county in MD. He is over 40,000 behind in payments. He lives in Oregon

Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Yes

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If i got a Traffic violation ticket in a company vehicle during business hours, do I have to pay the ticket? State MD
Scott Scherr
Scott Scherr
answered on Dec 20, 2022

If your name is on the ticket, then it is your responsibility. If you fail to take care of it, your license will be suspended.

Now, if it is a moving violation, do not pay it. Request a trial within 30 days and go to court. You do not want to receive points on your license.

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can one Motion to Seal be submitted for multiple case filings by the same Plaintiff that has the same presiding Judge?

Can one Motion or Request to Seal be submitted for past multiple case filings by the same Plaintiff that has the same presiding Judge?

Mark Oakley
Mark Oakley
answered on Dec 19, 2022

Possibly, if they are all interrelated, but if they are distinct separate cases, you should file a separate motion for each separate case number.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do offers that were made but not accepted on real property need to be maintained for 5 years in the state of Maryland?
Mark Oakley
Mark Oakley
answered on Dec 18, 2022

The records retention law applies to licensed real estate professionals in Maryland only, not to non-licensed professionals. A real estate licensee has to keep all records for a minimum of five years after closing for a property that has been sold; or, if the listing expires or the property is not... View More

1 Answer | Asked in Family Law for Maryland on
Q: What does my dismissed peace order mean

I have a dismissed peace order filed against me in 2021. I was never served because I was only in MD on Military leave and was back across the country when they showed up to my parents house. It was dismissed after a month and the filer went to court once a week for that month. On the MD courts... View More

Mark Oakley
Mark Oakley
answered on Dec 18, 2022

It is not a criminal charge, so guilt or innocence is not the right way to characterize this type of case. This is a civil peace order petition. Anyone can file a petition seeking a peace order against another person, and the burden of proof is a "preponderance of the evidence" which... View More

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My commercial landlord is trying to collect back trash payment from 2011-2015. Am I responsible to pay it?
Mark Oakley
Mark Oakley
answered on Dec 16, 2022

Need to read the commercial lease and ascertain whether the statute of limitations was extended beyond the default 3 years normally applicable to claims of this nature. However, most commercial leases are under seal, meaning you signed the lease with the word “seal” printed next to the... View More

3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... View More

Scott Scherr
Scott Scherr
answered on Dec 16, 2022

If you cannot retain private counsel, contact the Public Defender as soon as possible. Jail is unlikely for a first time offender. An attorney will likely be able to keep a conviction off your record. You should be prepared to make restitution which will be required and also go a long way to... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: When exiting an apartment complex into a neighborhood road do you have to stop if there is no stop sign ?
Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Yes. Look up the "Boulevard Rule" which applies in Maryland. Also read over MD Code, Transportation, § 21-705:

(a) The driver of a vehicle emerging from an alley, driveway, or building shall stop immediately before driving onto a sidewalk or onto the sidewalk area that extends...
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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Would a plumbing contractor be required to itemize their receipt to show the cost of equipment and labor

In other words, can a plumber just give one flat fee to install a well pump and pressure tank and all associated valves and guages or does the law state they must disclose the cost of the equipment they purchased if the customer requests that they disclose it...the job is already completed.

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

No, if the contract was entered into on a flat fee basis. If the contract was on a time and materials basis, which would be stated, then yes. You are perhaps entitled to all manuafacturer warranties on the installed equipment.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... View More

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... View More

1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... View More

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