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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.

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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Jurisdictions Admitted to Practice
District of Columbia
District of Columbia Bar
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Maryland
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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.
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
Legal Answers
Q. if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,
A: Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I." I'll take a stab: the owner of the company died without a will, and you are "co-president" of the company but not an owner. Is that it? If so, then here is what I can say about that without any other information: It matters whether the business is a corporation, a limited liability company (LLC), a partnership or a sole proprietorship. You do not say. When someone dies who is the sole shareholder of a corporation, or the sole member of a limted liability company, or the sole owner of a sole proprietorship, and they do not have a will, their ownership rights pass to their heirs at law (spouse and children, or if none, then parents, siblings, etc.). But first the business is an asset of the deceased owner's estate, and it is either transferred to the heirs, or it is sold and the proceeds replace it as an asset of the estate for distribution to the heirs. An estate needs to be opened, and a personal representative appointed. If the business is organized as an LLC, the PR can only operate or manage the LLC for a brief window of time (90 days) to either sell or admit a new member to take over, or the LLC gets dissolved, and its assets added to the estate for distribution to the heirs. What rights you have, as a non-owner, depends on whether you have an employment or other agreement in place, and how established the business is in terms of its operations and cash flow (e.g., is there a solid ongoing business with employees, customers/clients, revenues, payroll account paying salaries, etc.?). Are you now the key employee, the glue that holds the business together, who knows how its run and the only one capable of managing its affairs and keep it going? If so, that gives you leverage and perhaps makes you the best candidate to purchase the business from the estate, or to negotiate with the eventual new owner to keep you on as the person running it at a salary you are willing to accept to do it. But you do not become the owner or gain rights to take profits from the company after the death of the sole owner, unless and until you negotiate a buyout of the business from the PR of the estate. Meet with a lawyer and review the situation.
Q. Can my dad win my custody of me even tho he owes some child support money from previous years?
A: If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's preferences are given stronger consideration so far as which parent they want to live with, but the judge makes the final decision as to which parent would be the best custodial parent. You do not state your age. Typically, the only way a child's preferences or concerns are heard are through their personal therapist or psychologist, if they have one, whose reports will include them, or if the court appoints a "best interest" or "child advocacy" attorney for the child. An attorney can be appointed for the child at the discretion of the judge, either on its own determination that one is needed, or at the request of either parent. The parents then have to pay that attorney's hourly fees, typically split 50-50. You would then be able to tell your appointed attorney what you want to have happen and the concerns you have about either parent and their treatment of you, and your attorney will present those wishes and concerns to the court. You may try to communicate what you want to one or both of your parents, or to your therepist if you have one. I have heard of children in some custody battles writing directly to the judge in the case, but that is rare. Judges have the right--if they deem it appropriate because what each parent or their attorneys are saying about the child are so far apart--to meet privately with the child in a custody case to hear what the child wants or has to say, although that is also not common. In the end, the focus of all custody determinations are to reach a result that is in the best interests of the minor children, regardless of the parents' individual preferences.
Q. My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .
A: (1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but say you both reside in MD), you can either start the case in the equivalent office in that other state or DC, which will then transfer it to MD, or you can obtain an "exemplified copy" (a triple seal certified copy) of the order, judgment and proceedings in the original court action and record/file it in the county or City of Baltimore where you, the child, or he resides. The OCSE will file the appropriate motions for you, as well as act to enforce any orders and pursue collection remedies on your behalf. It is possible that if you go to your local OCSE location in Maryland that they will reach out to the out-of-state court to obtain the exemplified copy of proceedings for you. OR (2) File your own motion to enforce the child support order and to hold the nonpaying parent in contempt of that order in the Maryland court having jurisdiction over the case (circuit court where originally entered), or if not originally entered in a Maryland court, then follow the procedure above for obtaining an "exemplified copy" of the proceedings and order entered in the out-of-state court and file/record it together with your motion in the the circuit court having jurisdiction over the place where you, the child or the non-paying parent resides. The non-paying parent will need to be served with the motion and a show cause order to appear and respond to the contempt petition. The court will hold a hearing, and if not resolved by agreement, then a judgment will be entered for the arrearages, and the defendant ordered to pay what his financial condition and means allowm him to pay, and if he fails to pay what the court determines he is capable of paying, he may be further punished by contempt and put in jail. The judgment for arrearages may be enforced like any civil judgment, such as garnishment of his wages, attachment of bank accounts, etc. The ongoing child support the court determines he has the means to pay can be made into an earnings withholding order against his current wages. If you can navigate these proceedings on your own you can try to do so, but it is not easy (there are self-help forms and assistance for self-represented litigants at the circuit court family law division of the courts); or if you have the money, you can hire private counsel; or you can get free representation through the OCSE. The OCSE process takes longer and they may not be as diligent to follow up as you or a private lawyer would, but they also work for you and in cases where the nonpaying parent has no identifiable employer (he gets paid in cash under the table, e.g.,) and has no bank accounts (or changes them to avoid attachment) collecting from him may be a long and difficult slog. Spending more money to collect blood from a stone may not be in your best interest, so hiring private counsel may not be a viable option for you.
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1803 Research Blvd., Suite 401
Rockville, MD 20850
Telephone: (301) 424-8081