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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
427 Questions Answered

Q. I was charged with 3rd degree burglary, trespass private property & theft less than $300 in 97. Convicted only of tresss
A: Nothing you can do but hope the legislature adds 6-403 of the Criminal Code to the list of expungeable offenses.
Q. Do this violation have points or license suspension if paid in full instead of requesting a trial Ta-13-410H
A: 13-410(h) only provides that you may return a license plate by mail. I cannot see how you can violate that provision as it neither prohibits nor requires action. Generally, however, violations regarding tags and registration do not carry points or impact your drivers license, as they are not considered moving violations and do not carry jail.
Q. Do this violation have points or license suspension if paid in full instead of requesting a trial
A: Does what violation? You did not specify the violation. If you can cite the specific code section listed on the ticket, that will be the best way to know.
Q. I want to evict my tenant cuz she hasn't paid rent in 4months. The courts won't intervene cuz i have no Renter's license
A: You are filing your legal action incorrectly. You cannot use the landlord-tenant forms or seek to enforce the landlord-tenant laws or the terms of the lease, because the lease is not legally valid as a result of your not being licensed. What you must do is file a complaint for unlawful detainer, the form for which is here: https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv089.pdf When suing for unlawful detainer, you are not seeking monetary damages under a lease (you cannot ask for back rent, etc.). You are simply and solely asking for possession of your property, and removal of a person who has no legal right to be in the property. Do not call the unlawful person in possession of your property a "tenant" since she has successfully established that she does not have a valid lease establishing a legal tenancy. Therefore, she has no legally enforceable right to be in possession of the premises. You are the titled owner. Bring a copy of your property deed which shows you to be the owner. You are not asking he court to enforce the terms of a lease, since there is no lease. You are asking the court to restore possession of your property to you, from a person who is illegally possessing it. She is not entitled to use the lack of a rental license as both a shield to avoid enforcement of an illegal lease, and at the same time as a sword to illegally occupy property to which she has no legal right or interest.
Q. I was separated from my husband 9years. I am ready to get a divorce. I don't know where he lives; however, I know where
A: Yes. That is permissible.
Q. I looked online and it says petition-violation of probation..do that mean they coming to lock me up or get a court date?
A: Probably means you’ll get a summons to appear. The PO has the option of requesting a warrant for your arrest, but that is not typical. You can call your PO to confirm. Or hire a lawyer to call as well as represent you.
Q. What the code for fraud in a marriage
A: Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are referring to. A fraudulent marriage can form the basis of an immigration crime, where a foreign national and a US citizen conspire to enter into a marriage for the sole purpose of securing the legal status and path to citizenship for the foreign national, and not for the purpose of an actual marriage. There are various statutory prohibitions regarding who may marry, including bigamy laws (more than one marriage), marriage between close blood relations (first cousins, parent-child, siblings, etc.), age restrictions, and the like.
Q. What section/article of MD Code deals with requirements for non-profit associations re: budget approval by board?
A: MD Code, Corporations and Associations, § 2-409. Place and notice of meetings (a) Unless the bylaws of the corporation provide otherwise, a regular or special meeting of the board of directors may be held at any place in or out of the State or by means of remote communication. (b)(1) Notice of each meeting of the board of directors shall be given as provided in the bylaws. (2) Unless the bylaws provide otherwise, the notice: (i) Shall be in writing or delivered by electronic transmission; and (ii) Need not state the business to be transacted at or the purpose of any regular or special meeting of the board of directors. (c) Whenever this article or the charter or bylaws of a corporation require notice of the time, place, or purpose of a meeting of the board of directors or a committee of the board, a person who is entitled to the notice waives notice if the person: (1) Before or after the meeting delivers a written waiver or a waiver by electronic transmission which is filed with the records of the meeting; or (2) Is present at the meeting. (d)(1) Unless restricted by the charter or bylaws of the corporation, members of the board of directors or a committee of the board may participate in a meeting by means of a conference telephone or other communications equipment if all persons participating in the meeting can hear each other at the same time. (2) Participation in a meeting by these means constitutes presence in person at the meeting.
Q. My husband hasn't forced my daughter to finish school (homeschool) she's 19 and I'm still paying child support.
A: No. Stop paying as of her 19th birthday, unless there is a specific agreement you signed that says you agree to pay longer. By law, a child is emancipated on her 18th birthday, but that time is delayed if she is still in full-time school until she completes her last year (typically May-June when she graduates 12th grade); however, the absolute cut-off is her 19th birthday if she is still in school through that date.
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1803 Research Blvd., Suite 401
Rockville, MD 20850
USA
Telephone: (301) 424-8081