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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: I am a medical cannabis patient in maryland. I am wondering where i can smoke cannabis legally. Is my backyard ok?

My backyard can be viewed by neighbors and from the street

I have a chainlink fence around my yard

Eric Todd Kirk
Eric Todd Kirk answered on Apr 29, 2020

I think as a general proposition you're entitled to conduct lawful activity any place where lawful activity is allowed. For example the government may impose a time, place or manner restriction on otherwise lawful activity. It's not clear from your question if perhaps you were conflating privacy... Read more »

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: I am a medical cannabis patient in maryland. I am wondering where i can smoke cannabis legally. Is my backyard ok?

My backyard can be viewed by neighbors and from the street

I have a chainlink fence around my yard

Eric Todd Kirk
Eric Todd Kirk answered on Apr 29, 2020

I think as a general proposition you're entitled to conduct lawful activity any place where lawful activity is allowed. For example the government may impose a time, place or manner restriction on otherwise lawful activity. It's not clear from your question if perhaps you were conflating privacy... Read more »

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1 Answer | Asked in Employment Law for Maryland on
Q: I live in Maryland and I have a brother with a severe drug addiction (currently in his 9th rehab). Can I use FMLA?

I’m the only one in my family who is willing and able to take care of him

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

FMLA leave can typically only be used to care for another person if that person is your parent, child, or spouse. However, if you would be assuming day-to-day responsibility for the care of your brother, you may be entitled to FMLA leave based on an "in loco parentis" relationship. Such a... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can my HOA decline my request to display the US flag on a flag pole in the state of Maryland? Flag pole is 20 feet tall

Flag is 3x5

Richard Sternberg
Richard Sternberg answered on Apr 28, 2020

The HOA can require you to follow its rules, and neither flags nor images of religious icons change that. To determine whether the HOA is following its rules, retain counsel to review the Declarations, and the rules and rulings of the HOA.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My wife and I have filed for divorce. She purchased a house with my money in Maryland. Am I entitled to this property?
Pawnee A. Davis
Pawnee A. Davis answered on Apr 27, 2020

If the house was purchased during the marriage it is likely that you both are entitled to half of the house because it is marital property. If it is marital property, either of you may propose to buy the other's interest in the house or you may put the house on the market and split the proceeds.

2 Answers | Asked in Copyright for Maryland on
Q: A local govn't agency wants to make a karaoke video with a copyrighted song. Is a license needed? How to obtain?

The video would go on YouTube/FaceBook/Twitter and other social media sites. It is a salute to our heroes killed in the line of duty. No profits or money would be exchanged in any way. If a license is needed, what is the best way to accomplish this?

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

That sounds like a worthwhile project, but you will still need to get permission from whomever owns the copyright in the song. Also most songs have music and lyrics, so there could be 2 copyright owners. The service providers will want to know that you have the rights to post your version of the... Read more »

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1 Answer | Asked in Copyright for Maryland on
Q: Can I assign ownership of my BMI registration from myself to my company?
Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Is it that you want your company to be the owner of the royalty stream for a particular work? BMI does allow for the assignment of such rights and has a form to use. However, once you assign the rights you no longer will have access to the royalty rights unless you have the rights reassigned to... Read more »

3 Answers | Asked in Trademark for Maryland on
Q: How to legally sell and advertise trademarked items?

I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.

1. Does a store need a special agreement or license to sell trademarked goods?

2. Is it a trademark... Read more »

Bill Hulsey
Bill Hulsey answered on Apr 26, 2020

This series of questions requires substantial counseling and a legal opinion. Great questions, but not the kind of questions whose answers will be posted on the Internet.

Happy to address these in a more formal and reliable setting.

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Anne Arundel County Maryland give a month-to-month tenant a 30 day notice during COVID-19?

This not due to any unpaid rent, just a change in tenants to accomodate a potential buyer

Mark Oakley
Mark Oakley answered on Apr 26, 2020

They can give the notice, they just cannot enforce it in the courts until the courts reopen and the suspension of evictions is lifted. Courts reopen June 5, under current orders, but could be extended. Contract provisions and the rights of parties to take actions under their contracts are not... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Is all conversations confidential with a lawyer even case he told you he can't represent, That the codependent has!

My son hired a lawyer for one case but the lawyer said his second case he was paid by his co-defendent. However still ask questions about the second case is that still client lawyer privilege. Can he use that info in the case with his co-defendant agains him?

Mark Oakley
Mark Oakley answered on Apr 26, 2020

Conflict of interest analysis is very fact specific, and there is not enough detail in your question to answer your inquiry. It is also not wise to divulge such specific facts on a public forum that your son wants to be deemed privileged. Therefore, the only proper way this issue can be discussed... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for Maryland on
Q: Is this considered abandonment?

Im a truck driver and in a secured lot I took my dog and tied him to the fence in a grassy area behind my tractor n trailer while I went and took a shower. I came out and a security guard had him in his car and off my leash. I went off and police was called. Police said it's considered... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

The attorneys in the Animal/Dog law section would be most likely to be familiar with this issue. You could repost there.

Tim Akpinar

1 Answer | Asked in Estate Planning for Maryland on
Q: Thank you for the response,I have gone through probate and got my final release on 7/25/19

So my next step should be to go to the courthouse and start the transfer of his home to my name for taxing purposes.

Mark Oakley
Mark Oakley answered on Apr 24, 2020

I assume by "final release" you mean final account was approved and the estate has reached closure. You should use a lawyer to draft the deed, but yes.

1 Answer | Asked in Car Accidents for Maryland on
Q: My car was rear-ended, Erie Insurance won't pay for repairs. Truck driver and employer agree they at fault. What to do?

Hello, My car was rear ended by a trash hauling truck insured by Erie insurance. The Driver of the truck and their employer agreed they were at fault but Erie Insurance refused to pay damages, claiming they did not have sufficient evidence to pay, and suggested I call my insurance company. I have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 24, 2020

Sounds like you will need to sue the driver and employer. If anyone was hurt, you should consult with an experienced personal injury attorney. Best of luck.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: When an incident occurs, is it legal for landlords to give out specific apartment numbers of incident to other tenants?

For example, if a crime/incident occurred in my apartment and the landlord sent out its usual message to the other tenants/ my neighbors is it legal for them to include specifics like my exact apartment number rather than giving general info that the incident occurred on this certain floor? Does... Read more »

Mark Oakley
Mark Oakley answered on Apr 24, 2020

There is no law that prohibits the dissemination of public information. There is a Constitutional right under the First Amendment that specifically protects the right to free speech, which would include disseminating truthful information to others. You have identified no private legally protected... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Does community management co need collection agency lic in MD if all they are doing on behalf of Assc is send reminder?

If the management company represents a community association and one of the owner did not pay their monthly due on time and you’re only sending an automated reminder electronic notice, do you need a collection agency license in order to send that reminder notice?

Mark Oakley
Mark Oakley answered on Apr 24, 2020

HOAs, condo associations, and their property or association management companies, are all excluded from the definition of a debt collector under the Federal Fair Debt Collection Practices Act. The association itself is excluded because it originated the debt obligation, and the management company... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have 100% physical and legal, my ex has a day visit every other weekend, what happens if my ex won't return child?

I have 100% Physical and Legal custody, for safety reasons (alcohol abuse and mental instability), my child goes for a visit every other weekend for a day visit that has to be supervised by the ex's parents. So far during Covid-19 things have gone smooth, outside of angry texts, drop off and pick... Read more »

Mark Oakley
Mark Oakley answered on Apr 24, 2020

The courts are still hearing and processing emergency matters, so an emergency motion could be filed -- although in the case of your scenario, you may not want to wait the day or so it could take to get in front of a judge if this happens on a Sunday or Saturday when no judges are sitting. Most... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I live in Maryland and my father passed and left me his home I need to put the home in my name,how would I go about it ?
Mark Oakley
Mark Oakley answered on Apr 24, 2020

An estate needs to be opened, in the county (or City of Baltimore) where your father resided at the time of his death. Either your father had a will that named someone to act as Personal Representative or executor, or in the absence of a will or the person named not being willing or able to act,... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What does Discovery Pursuant to Rule 4-263 and how far are we in court ?
Eric Todd Kirk
Eric Todd Kirk answered on Apr 24, 2020

You have cited the rule that governs discovery and inspection in a circuit court criminal matter for both the state and the defendant. All Maryland courts are closed through June 5th, with the exception of emergency matters.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Are landlords allowed to go & maintain rental properties under the stay-at-home order in MD, if properties are vacant?

Tenants are moving out, but as an owner/landlord, I need to switch out locks, clean, and maintain the residential rental property. As an owner, if my rental home is vacated, am I allowed to go, under the current COVID-19 MD stay-at-home order?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 21, 2020

At the outset, we are working under a totally new set of rules and while attorneys can attempt a reasonable stab at interpretation, no one has had the ability to see how things would play out if challenged. Under the Maryland order, employees and owners generally may go on-site to non-essential... Read more »

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