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Mark Oakley

Mark Oakley

  • Criminal Law, DUI & DWI, Family Law ...
  • District of Columbia, Maryland
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Biography

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
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
DUI & DWI
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Construction Law
Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Fees
  • 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
District of Columbia
District of Columbia Bar
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Maryland
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Education
University of Maryland - Baltimore
J.D. (1987) | Law
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University of Maryland - College Park
B.A. (1984) | English
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Professional Associations
District of Columbia Bar
Member
- Current
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Maryland State Bar Association
Member
- Current
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Bar Association of Montgomery County
Member
- Current
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Websites & Blogs
Website
Legal Answers
1768 Questions Answered
Q. Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
A: Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method, the share may go to a person or persons you did not intend. Other methods of redirecting an unwanted inheritance include an agreement among heirs or legatees named under the Will.
Q. My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?
A: Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal requirement and the process for filing a complaint.

As for a direct civil claim for monetary damages, you would need to have suffered actual out-of-pocket damages to support such a claim. Mere upset over someone else seeing your SSN is not sufficient. I assume this mistake came to light when your co-employee notified you or your employer that they had received the wrong tax form. That certainly suggests they are not a risk to misuse the information and that the disclosure went no further. There was a time not too long ago that SSNs were widely disclosed, starting with people’s Medicare number on all their medications, and acting as a person’s driver’s license number in many states. While those uses have been ended, mere disclosure—while concerning— is not necessarily going to lead to identity theft.

You are right to be upset at the carelessness of your employer and whomever failed to be more careful about matching names and addresses, but this sounds like mere negligence and somewhat predictable given two employees with the same name. Bringing this issue up with your employer and insisting on implementing some procedures that will prevent this from happening in the future is certainly warranted.
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Q. I need to know if I should go to the police to file a report concerning a car/ tags that is missing?
A: Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help, unless you are concerned with the welfare of this person and are reporting them missing and in danger for some reason.

You might go to the MVA and cancel the registration and file an affidavit declaring the vehicle is no longer in your possession and disclaim ownership and ask to cancel the title—but I’m not sure they would cancel the title. So long as the vehicle is in your name, you may be potentially held liable for damages caused by it, so it would be better to maintain insurance if you remain the titled owner. You can try to locate the vehicle and take it back; then you can sell or keep it. ... Read More
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Contact & Map
2101 Gaither Road, Suite 600
Rockville, MD 20850
Telephone: (301) 424-8081
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