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Mark Oakley

Mark Oakley

  • Criminal Law, DUI & DWI, Family Law...
  • DC, Maryland
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Claimed Lawyer ProfileQ&A

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Family Law
  • Personal Injury
  • Construction Law
  • Estate Planning
  • Business Law
  • Free Consultation
  • Credit Cards Accepted
    Visa, MasterCard, Discover
  • Contingent Fees
    I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.
Jurisdictions Admitted to Practice
University of Maryland - Baltimore
J.D. (1987) | Law
University of Maryland - College Park
B.A. (1984) | English
Professional Associations
District of Columbia Bar
- Current
Maryland State Bar Association
- Current
Bar Association of Montgomery County
- Current
Websites & Blogs
Legal Answers
323 Questions Answered

Q. Can assume:OFFENSE CODE CR.3.203: Can this include knowingly passing on HIV?
A: No, it would not be charged as assault under that section, but under the Health-General Code, Section 18-601.1. Knowingly engaging in conduct that can transfer HIV to another without consent is a misdemeanor carrying 3 years in jail and a $2,500 fine.
Q. Can I sue myself in Maryland for auto property damage liability? Details below.
A: The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance coverage offered to address that type of claim.
Q. My daughter is 25 i just started making payments. Should the money continue to go to her mom or my daughter?
A: The mother was the parent supporting your daughter all those years that your arrearage was accruing. That money belongs to her, not your daughter, to repay some part of the costs she incurred to make up for your failure to pay. She is the one out of pocket all those years, not your daughter.
Q. Am I entitled to my birth fathers inheritance even if I was adopted when I was 12? I'm his sole child.who's the executor
A: So, if I am understanding your question, your were adopted away from your birth father, and legally became the child of your adoptive father. By law, that means you are no longer the child of your birth father for any legal purpose, including the right to inherit any part of your birth father’s estate. On the other hand, you are now deemed to be the child of your adoptive parent, with all the legal rights as if you were the natural born child of that parent.
Q. Dissolving of LLC partnership
A: No, dissolution on your facts (no operating agreement providing otherwise), requires either unanimous agreement of the members, or a judicial dissolution upon filing a petition to dissolve the LLC on the grounds that it “is not reasonably practicable to carry on the business in conformity with the articles of organization.” To lay the foundation for a success petition for judicial dissolution, you should call a meeting of the members, submit one or more resolutions for voting upon, such as to discontinue operations and dissolve the company, listing the reasons why, and appoint one member to take the minutes of the meeting. Record all actions in the minutes, the vote results, and thereby document that the members are deadlocked. You would then have the minutes to support your petition.
Q. I got into a fight with my sibling. Over reacted and called the cops. Can I refuse to testify at his trial?
A: You cannot refuse to testify, but you can make your wishes known to the prosecutor that you do not wish to proceed.
Q. Can I just withdraw a lawsuit at any time if I feel like it?
A: If the defendant has not yet filed a responsive pleading, then you can voluntarily dismiss without prejudice (meaning you can re-file later if you like). If the defendant has filed a responsive pleading, then the dismissal will be with prejudice (can't re-file) unless you get the defendant's consent to dismiss without prejudice, or file a motion and have the court grant the dismissal as being without prejudice. If the defendant has filed a counter-claim against you, then the defendant's counter-claim will not be dismissed and you will still be defending that claim even if you dismiss your original claim.
Q. Dissolving the partnership
A: Because you have no written operating agreement, your rights are governed by statute as they relate to your ownership interests, rights and possible dissolution of the LLC. Separately, the LLC may have a civil cause of action against the one owner relating to usurpation of Company business opportunity, but the facts for that action are unclear. You should consult a lawyer about your options. Forcing the one owner out without an agreement with him will more than likely result in dissolution of the LLC. The assets of the LLC include the source code, and he retains an interest in that source code as an owner. Whether other claims against him for setting up a competing company can be leveraged to get him to part with his interest, is a matter that you must explore with counsel.
Q. Do personal injury settlements include medical bills my insurance didn't cover?
A: Settlement or judgment against the at-fault driver/insurance company should include 100% of your medical bills, without regard to how much your separate insurance has paid, in addition to your lost wages and pain and suffering. The Collateral Source Rule is applied in Maryland, which holds that a negligent party is not entitled to reduce reimbursement for your medical bills by the amount already paid under your health or other insurance, as they are not to benefit from insurance coverages you separately paid for. Most settlement amounts, however, do not distinguish which portion is for medical bills and which is for other damages, like pain and suffering, disfigurement and permanent impairment. It’s just paid as a lump sum. So long as the amount is negotiated large enough, using the various types of damage claims you are entitled to receive, you should more than cover the portions not covered by your health insurance.
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Rockville, MD 20850
Telephone: (301) 424-8081