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Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: I need the Annotated Code for Correctional Services,Rule 3-703 for ( Concurrent sentence in foreign jurisdiction )
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

MD Code, Correctional Services, § 3-703 Concurrent sentence in foreign jurisdiction

"Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this...
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1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: How should i answer questions regarding my felony history?

I was found guilty of a felony in Baltimore Co, Md. Once I satisfied my probation/restitution requirements, my judgement was reduced to a PBJ. When applying for an electrical apprentice license in Md, I was asked if I have committed any local/state infractions, and if so to list/explain them. Do I... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

They will perform a background check and it will come up. Therefore, if you do not disclose it, they will treat your answer as either false or misleading, and that kind of dishonesty will likely sink your application. They care more about being honest than they do about an old criminal case where... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Property buyer removed and changed purchase terms and will not resubmit them as requested by seller

Buyer denied seller of property original negotiated terms and details an inserted the new provisions in the final closing purchase contract

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Offer and Acceptance. That's the law. If you offered the buyer a contract on specific terms, and the buyer responded with a contract with different or altered terms, then the buyer is deemed to have rejected your offered terms of sale, and has countered you with a new offer. The ball is not... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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1 Answer | Asked in Contracts for Maryland on
Q: I am the only one on contract- if something happens to me does wife still have to pay upkeep bills?

wyndam says she does they have lied to me all the time

Mark Oakley
Mark Oakley
answered on Dec 27, 2024

Wyndam, as in the hotel? If her name is on the hotel registry as a guest in the room, then the hotel contract probably provides that she is personally liable for the room charges regardless of whether you are the only one who booked and paid for the room to begin with. That’s a matter of contract... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Mark Oakley
Mark Oakley
answered on Dec 27, 2024

A background check for a gun purchase will show a PBJ disposition that has not yet been expunged, and a PBJ is still deemed a conviction under federal law (which governs your right to own a gun). However, the PBJ disposition and all other record of the offense will be removed from the nationwide... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How do I find out if my inheritance has been stolen from me?

My aunt who I was very close to recently passed away. I have always been her beneficiary because she doesnt have kids and her spouse is already deceased. A family member took over her care when she became ill and became her POA. I believe this family member changed my aunts will and life insurance... View More

Mark Oakley
Mark Oakley
answered on Dec 26, 2024

When an estate is opened, the original will must be filed and it becomes publicly accessible. You can review the will at that time and decide whether you have a basis to challenge the signing based on what you know and can prove as to her mental capacity on the date it was signed. Also, the... View More

2 Answers | Asked in Divorce, Estate Planning and Family Law for Maryland on
Q: If your wife gets money from the sale of her moms house, is the husband entitled to the money? Or is it just the wifes?
Mark Oakley
Mark Oakley
answered on Dec 27, 2024

The answer to your question only really matters from a legal standpoint when you divorce. How the parties manage their money during marriage is entirely up to them. A spouse has no legal right to access their spouse’s inherited funds or to take gifts given only to them, if their spouse refuses.... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: I am the PR for my deceased husbands estate. There was no will and the kids were minors at the time of death. .

The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 17, 2024

Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: What recourse do I have against the police department not citing a person who ran a red light and collided with us?

A person ran a red light and t boned my family and I. On the police report, they stated he ran the red light, was at fault, but didn't give him a citation. They also said he wasn't distracted and was never tested for alcohol. What can I do to make my family whole? And have this man face justice?

Scott Scherr
Scott Scherr
answered on Dec 8, 2024

You and your family can make a claim against the other driver's insurance company for property damage and bodily injury. If any of you were injured, you should retain an attorney. All of your claims are against the other driver and not the police. The police cannot be sued for failing to issue... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: In maryland if you were driving a moped without a license and your on probation is it a technical or non technical vop

Apparently I have to reward this question. The only answer I got was from someone who apparently does not know Maryland state law or not enough to know to answer the question. So I ask anyone who Answers. this question to actually be versed. In Maryland state traffic laws, Maryland code... View More

Lee Eidelberg
Lee Eidelberg
answered on Dec 3, 2024

a Moped is a motor vehicle in Maryland and the operator must be licensed. A motor vehicle violation, if one is convicted, may trigger a violation of probation, but that depends on the terms of the probation order. You would be best to consult with a qualified traffic attorney who can evaluate the... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: Should I appeal a citation under 21-309(b) where I signalled to change lanes and a driver hit the side of my car?
Lee Eidelberg
Lee Eidelberg
answered on Nov 27, 2024

Your post presumes that you were found "guilty" and not granted a probation before judgment - which would avoid a 3 pt assessment. Filing an appeal results in additional time and expense, including an appeal fee and your (or an attorney's) reappearance before a Circuit Court judge.... View More

1 Answer | Asked in Consumer Law and Wrongful Death for Maryland on
Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other...
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1 Answer | Asked in Libel & Slander for Maryland on
Q: What is the Maryland Code for defamation?
Mark Oakley
Mark Oakley
answered on Nov 25, 2024

The only code section relating to defamation is the statute of limitations applicable to commencement of suit, which is one year from the date of publication of the defamatory statement. MD Code, Courts and Judicial Proceedings, § 5-105

As for the law of defamation, that is found in the...
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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: where can i find the procedural regulations governing the MD board of social work?

I am looking specifically for the laws/regulations that the Maryland BSWE must follow when investigating a complaint against a social worker. I am also looking for the personal rights of respondents involved in complaint investigations through the board of social work.

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

There is the Maryland Health Occupations Code, which sets forth the statutory laws respecting social workers and the Board’s creation and responsibilities and powers.

The Board is empowered to draft and adopt regulations to carry out its purposes under the law. Agency regulations are all...
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1 Answer | Asked in Family Law for Maryland on
Q: My ex-husband passed away this year. Am I entitled to any of his benefits, such as life ins, pension or social security?

My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.

In order for an ex-spouse to qualify for a...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How would I be able to get details on a trust fund created by family that I am no longer in contact with?

I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 25, 2024

Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More

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