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Mark Oakley

Mark Oakley

  • Criminal Law, DUI & DWI, Family Law...
  • DC, Maryland
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Summary

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
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
DC
Maryland
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
Maryland State Bar Association
Member
- Current
Bar Association of Montgomery County
Member
- Current
Websites & Blogs
Website
Legal Answers
386 Questions Answered

Q. Is there a way to make a deal with the judge to get waived out of getting points from a speeding ticket?
A: Always request a trial. If the officer does not show, you will be found not guilty. You can always change your plea to guilty if the officer shows and has the certified calibration records for the radar/lizar device used to clock your speed (those records are needed to prove the device was functioning properly with accurate results). This is a 5 point offense, and will trigger an MVA point system conference if convicted, plus of course your insurance rates will jump up if not result in cancellation. Hiring a lawyer would be helpful; however, you can improve your chances by taking and completing (or offering to complete) an MVA-approved Driver Improvement Course. The list of approved courses are on the MVA website. The judge can choose in his/her discretion to grant you a "probation before judgment" (PBJ) if you are found guilty, which will strike the conviction (meaning it will not appear on your driving record, and you get no points); alternatively, the judge can reduce the speed over the limit to a 1 or 2 point offense, instead of 5 points. The fine on the ticket is there for prepaying the fine without court, which will result in a conviction and 5 points. At a trial, the judge can impose a fine anywhere from zero to $500, plus assess the court costs and crime victims fund fee, which add another $35 or so. Usually, however, judges impose smaller fines than those on the ticket.
Q. Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?
A: Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.
Q. when if i can have a DUI expunged from my record?
A: Unless you were found not guilty after trial, or the case was dismissed, then you can never get a DUI charge expunged, even if you received a probation before judgment disposition (meaning the judge still put you on probation but did not enter the conviction). It is one offense the statute specifically excepts from being expunged.
Q. In the state of Maryland in 2013 was 1st-degree burglary a violent crime? And has it changed
A: Yes, it's been defined that way since at least 1999.
Q. what is the proper written code for a quit claim deed from father to daughter for tax exemptions
A: The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article, Section 13-207, and the provision having to do with exempt transfers between a parent and a child is found in Section 12-108(c)--but the latter exemption only applies to the portion of any principal mortgage debt balance assumed by the child as part of the transfer, and not to any equity in the property. There may be a better way to structure the transfer to both avoid the transfer and recordation taxes, as well as avoid the daughter from being transferred the same low tax basis in the property as her father (which will cause the daughter to have to pay capital gains tax upon any resale above the original purchase price when the father acquired it). One such strategy would be for the father to transfer the property to a revocable living trust, naming the daughter as the sole beneficiary upon his death, which would then transfer the property without any taxes and at a stepped up tax basis equal to the fair market value at the time of the father's death (meaning, no capital gains taxes will ever be imposed upon any future sale on that valuation amount). Another simpler way is to simply leave the house to the daughter in the father's will. There are other ways to work this. The father should consult a lawyer about his estate planning goals and what he wishes to achieve, so that he accomplishes everything in the best manner for both his family and for tax avoidance purposes.
Q. I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com
A: Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and Professions Article, under Title 17 of that Article. 17-323(d) provides: (1) On completion, an investigation shall be referred directly to the Commission or its designee. (2) If the Commission or its designee determines there is a reasonable basis to believe any grounds exist for disciplinary action under § 17-322 of this subtitle, the investigation shall be referred for a hearing in accordance with § 17-324 of this subtitle. (3) A complaint not referred for a hearing by the Commission or its designee shall be dismissed, and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle. 17-329 provides: Right to appeal (a) Any person aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article. Stay pending review (b) Except as provided in subsection (c) of this section, unless stayed by the Commission or a court, a decision of the Commission is not stayed pending review. Bond requirement (c) A court may grant a stay of the suspension or revocation of the license of the licensee only on the filing of a bond by a licensee as provided in subsection (d) of this section. Amount of bond (d)(1) The court may set the bond required under subsection (c) of this section in any amount not exceeding $50,000. (2) The bond shall be conditioned for the use and benefit of any person who, as a member of the public, might sustain pecuniary loss because of any violation of this title by the licensee. The reference to the State Government Article has to do with the Office of Administrative Hearings, which provided the forum and the ALJ to hear your case, under which Article appears the Maryland Administrative Hearings Act, the statutory framework for how all administrative hearings across all state government departments and agencies are conducted. So, you may have to read through those provisions as well. This link will take you to Westlaw's online Maryland Code site, which will allow you to browse through each Article and section by subject: https://govt.westlaw.com/mdc/Index?transitionType=Default&contextData=(sc.Default)
Q. My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?
A: No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent adjustment, and to confirm how the lease is automatically renewed and how you can get out of the lease before it is automatically renewed. Without reading the lease, it is impossible to advise you accurately, but as a general observation, if the landlord chooses to give notice of a rent increase after the initial one year term, then such notice would have to happen before the automatic renewal kicked in, otherwise the landlord should be locked in to the same rent as the first term. Again, you should have a lawyer review the lease itself to be sure you are reading it accurately.
Q. does a patient have to be self pay for an accident at a store?
A: No, this is not accurate. However, if your mother has Medicare, and if the store has a med-pay policy (most business casualty policies have a $5,000 no-fault medical bill coverage benefit that pays without regard to whether the store is liable or not), then Medicare may decline to cover the treatment until the med-pay policy is exhausted, and this could be the reason the doctors are saying this. If your mother's fall was the result of the store's negligence -- such as a spill, debris, cracked or uneven flooring, etc. -- then she should consult a lawyer ASAP and have the lawyer arrange the medpay coverage to exhaust that before submitting to medicare. If she has other private insurance, then this should not be an issue. the med-pay can be used to reimburse the private health insurer's benefits paid after the fact. The lawyer can assist in this instance. In addition, many orthopedic practices will accept a lawyer's lien letter to allow payment out of settlement proceeds, which would avoid your mother having to pay out-of-pocket for treatment pending settlement as well as negotiating/arranging the health insurance coverages.
Q. I am trying to do my own divorce as not working. Can you tell me the steps and ESPECIALLY FORMS I need to complete?
A: Baltimore County Circuit Court has a self-help office for persons filing their own divorce. Go tho this website and follow the instructions: https://www.baltimorecountymd.gov/Agencies/circuit/family/prose.html
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