Mark Oakley
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.
- 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
- Free Consultation
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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.
- District of Columbia
- District of Columbia Bar
- Maryland
- 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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- District of Columbia Bar
- Member
- - Current
- Maryland State Bar Association
- Member
- - Current
- Bar Association of Montgomery County
- Member
- - Current
- Q. Can a lawsuit assume a trust if a co-trustee is sued?
- A: No, the assets of the trust cannot be attached or reached based upon a judgment entered against a trustee, who is not also the grantor of the trust, and who otherwise has no discretionary right to make distributions from the trust to herself for any reason. In your description, I assume your mother is the granor of the trust, having transferred her assets into her revocable living trust, and simply named herself and you two daughters as co-trustees. A co-trustee does not own the assets in the trust. A trustee is simply a fiducuary agent acting on behalf of the trust for the purposes set forth in the trust -- in this case, the care of your mother. Your mother as grantor is the one with the ... Read More
- Q. Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.
- A: No, the prior incident does not provide probable cause to search your vehicle in this incident. The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.
If they found nothing, and you are just upset that they delayed and inconvenienced (and maybe embarassed and humiliated) you by conducting a fruitless search without probable cause, then your remedy is purely civil in nature, based on a civil rights violation. The monetary worth of your claim would be rather minimal, and the time, effort and expense involved to bring the claim would most likely not interest an attorney. You can file a complaint with ... Read More
- Q. What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
- A: If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's a fill-in-the-blank form, but it is generic with a large space for setting forth the claim, which you can attach additional sheets to if needed. There is no form for particular causes of action like intentional infliction of emotional distress.
If you want to sue for more than $30,000, and believe you can support a larger damage claim, or if you want a jury trial, then you must file in the Circuit ... Read More