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Recent Questions & Answers
1 Answer | Asked in Constitutional Law for Maryland on
Q: Under the 5th Amendment an individual who is placed under arrest has the right to an attorney...

During questioning. What attorney would be appointed during questioning? In the state of Maryland (where I reside), a public defender (attorney assigned to the poor to represent them at trial) cannot be contacted/assigned until the accused has received charging documents. So in this case... In... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

It is not a right to immediate appointment at any time you are prepared to answer questions. It is a right NOT to answer questions without legal representation present. Therefore, you exercise this right by remaining silent. The police may not question you against your will at any time. Once you... Read more »

1 Answer | Asked in Internet Law for Maryland on
Q: What can I do about someone using my email address to set up an CVS account. CVS says there is nothing they can do.

I can not use my email address with this company because someone is wrongfully using my email address. CVS is stating there is nothing they can do about it.

Mark Oakley
Mark Oakley answered on Nov 10, 2019

First, change your email password to something at least 16 characters long. Then, try to log into the cvs website with your email, and click the”forgot my password” option, and change the password to the cvs account. Then report your cvs card lost or stolen, and have a new card and number... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I was walkng my dog and he jumped on someone but I quickly pulled my dog away. Can I get sued? Can I get my dog taken?

My dog is only 2 years old and the person he jumped on threaten the sue me? Is that even possible?

Mark Oakley
Mark Oakley answered on Nov 10, 2019

In theory, the person can sue you for negligence in failing to control your dog and allowing it to cause injury to him. However, it is unclear what his damages would be: was he bit? Scratched? Clothes torn? Suffered severe fright from the “attack”? How severe was your dog’s interaction? Was... Read more »

1 Answer | Asked in Car Accidents, Civil Rights and Communications Law for Maryland on
Q: Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

I read an article that cited MD 2013 Code, which explained that it was legal to record the conversations after an auto accident, citing that the law (or case law) did not deem the... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

Maryland is a two-party consent state when it comes to audio recordings: both parties must consent to the recording. There is no exceptions for auto accidents. Video recording is not covered under this law, but unless you have a way to turn off the audio recording capacity of your video device, you... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: I got a DUI in Maryland and was given a PBJ but I have a CDL. Will I be assessed points on my license?
Mark Oakley
Mark Oakley answered on Nov 10, 2019

The PBJ will not mask the DUI offense on your CDL. Even if you received a PBJ the DUI will not only appear on your CDL record, it will trigger a one year suspension. Maryland’s laws are written to comply with federal laws that treat dispositions like a OBJ as a conviction for purposes of... Read more »

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