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Mark Oakley

Mark Oakley

  • Criminal Law, DUI & DWI, Family Law...
  • District of Columbia, 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
District of Columbia
District of Columbia Bar
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
466 Questions Answered

Q. I have 2 Charges in MD TA.17.110 &TA.17.107. Is there a statue of limitation?What are the penalties?
A: 17-110: maximum penalty is 1 year, $1,000, for a first offense; 2 years for a subsequent offense under the same section. Conviction carries 12 points, which will trigger revocation of your license. 17-107: same maximum penalty. Conviction carries 5 points. Jail is not common for a first offense, and a lawyer may be able to negotiate the charges down to lesser violations to avoid the points and jail, but convictions can impact your license in other states, and should you get revoked or suspended, nearly every state is signatory to one or more interstate compacts that require each signatory state to honor the suspensions of every other state. Therefore, you should retain counsel to represent you and avoid those potential penalties.
Q. My husband has life with parole. How do we go about requesting a parole review? It's been 27 years and he's never been.
A: It depends. He or his lawyer may need to review what all of his sentences are, because he could have multiple sentences that were imposed consecutively, and for violent crimes, he must serve 50% of the aggregate sentences before he is eligible, so it depends. So, if he has multiple sentences that add up to a number that is more than twice the 27 years he has served, then he is not yet eligible. If that is not the case, then Maryland Code, Correctional Services Article, Section 7-301(d), provides the law on when a person is eligible for parole when sentenced to life with the possibility of parole: (1) Except as provided in paragraphs (2) and (3) of this subsection, an inmate who has been sentenced to life imprisonment is not eligible for parole consideration until the inmate has served 15 years or the equivalent of 15 years considering the allowances for diminution of the inmate's term of confinement under § 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article. (2) An inmate who has been sentenced to life imprisonment as a result of a proceeding under former § 2-303 or § 2-304 of the Criminal Law Article is not eligible for parole consideration until the inmate has served 25 years or the equivalent of 25 years considering the allowances for diminution of the inmate's term of confinement under § 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article. (3) (i) If an inmate has been sentenced to imprisonment for life without the possibility of parole under § 2-203 or § 2-304 of the Criminal Law Article, the inmate is not eligible for parole consideration and may not be granted parole at any time during the inmate's sentence. (ii) This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7-601 of this title. (4) Subject to paragraph (5) of this subsection, if eligible for parole under this subsection, an inmate serving a term of life imprisonment may only be paroled with the approval of the Governor. (5) (i) If the Commission decides to grant parole to an inmate sentenced to life imprisonment who has served 25 years without application of diminution of confinement credits, the decision shall be transmitted to the Governor. (ii) The Governor may disapprove the decision by written transmittal to the Commission. (iii) If the Governor does not disapprove the decision within 180 days after receipt, the decision becomes effective.
Q. I have stopped making payments - for 4 mo. on credit card & medical debt - about 15,000. in debt. If they file judgement
A: Sounds like you’d qualify for a discharge in bankruptcy of all your debt. Talk to a bankruptcy lawyer about your options. No reason to live under a debt burden you cannot pay. Clean the slate and move on free and clear without the worry and stress of creditors and judgments hounding you all the time.
Q. In case adult child added to house deed, should he/she pay taxes on house?
A: Is the adult child living in the house? Many people jointly own real property, and the owners share costs of ownership as well as the benefits (living there or rental income received). If the adult child was added primarily for estate planning purposes and does not live there, but the parents live there, then the parents get the benefit of use and possession of the house. They should pay all the costs and expenses. If on the other hand the child is living there, or sharing rental income received on the property, then maybe he should pay a pro rata share. When one owner pays more than their fair share of the costs, they have a legal right to sue the other owner(s) for contribution toward the costs. There is no law per se, just claims for contribution from a joint owner who shares the benefits of ownership but refuses the burdens. Of course, in a dispute like this, the owner who wants contribution toward costs needs to be careful what they ask for: a joint owner can judicially force the sale of a property to get their share out of it, and the other owners cannot stop that from happening. So, if there is a suit for contribution, there will likely be a counter-suit for sale of the property, and any amounts owed for contribution would simply be deducted from that owner’s share of the sale proceeds.
Q. My house shares a chimney&both sides need to be fixed to correct water leak the other house is rental & no contact info
A: I’m sure you can track down the owner, but getting the owner to cooperate is another matter. Do you need access to the inside of the neighboring house to fix the chimney, or can it be done solely from your side and the outside of your neighbor’s house? If inside access is not necessary, and the owner can not be located or is not responsive, then if there is an urgent necessity to prevent ongoing water damage you may be justified in using self-help to just fix both sides. You do not state the cost of the full repair. In theory, water penetration due to neglect of reasonable and necessary maintenance is a nuisance, and you can sue the neighbor to obtain a court order that he mitigate the nuisance (make reasonable repairs). If he defies the court order, you can obtain another order to possibly enter his property to make the repairs and obtain a judgment for his share of the cost. That process can get expensive.
Q. My blood sister recently passed away intestate. Would I be able to assume her mortgage?
A: Yes, you can inherit real property “subject to” the existing mortgage and simply pay it according to its existing terms. The mortgage company cannot require an heir to refinance or become personally liable on the mortgage (although if you don’t pay they can still foreclose on the property). You will need to have a lawyer prepare a deed to transfer the property from the estate to you. This is a relatively inexpensive process, but by law the deed must be prepared by a lawyer. You will be executing a deed as PR of your sister's estate to you as sole heir. Then you simply make the mortgage payments. You should also notify the mortgage company of the estate transfer to you so that they update the name and address to mail the mortgage bill to.
Q. . As is purchase ,but in an addendum on contract states owner to have water and elec for inspection.
A: If you signed an addendum agreeing to have utilities on, and did not provide for being reimbursed for cost, you bear the cost. Read the addendum. If it’s your obligation to provide power and water, you either do it or risk breaching the contract and giving the buyer the option of declaring the deal off, or suing to specifically enforce the contract terms.
Q. I got a ticket with 2 charges, first is that I did not stop at a stop light and also for passing around a vehicle at
A: There are points, 2 to be exact for the stop light, 1 point (I believe) for the off road citation, but if paying both or if found guilty of both, you only receive the highest point total of any one ticket charged in the same incident (so, 2 points here). Request a trial, not a waiver hearing, because the officer is required to appear at a trial, but not at a waiver hearing where you are automatically guilty of both offenses. If the officer fails to appear for trial, you will be found not guilty if you plead not guilty. You can ask a judge for probation before judgment in order to avoid conviction and points if he finds you guilty, which may depend on how clean your drivers record is. You could also take an MVA approved Driver Improvement Program (DIP) to enhance your odds of getting that disposition.
Q. What is the penalty for recording a person with out notifying that person that he is being recorded in state of Maryland
A: The law only applies to audio recording, not video, and so long as the party being recorded is put on notice of the recording and continues the conversation then there is no violation. However, in the absence of either actual or implied consent, such a recording is a felony, and is punishable by up to 5 years in prison and a $10,000 fine. Illegally obtained evidence will also be inadmissible into evidence in any court proceeding, regardless of its relevance, if introduced by the party who obtained or procured it illegally.
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1803 Research Blvd., Suite 401
Rockville, MD 20850
USA
Telephone: (301) 424-8081