
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
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- Maryland
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- 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
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- Maryland State Bar Association
- Member
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- Bar Association of Montgomery County
- Member
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- Q. Are children required to be informed of a will going to probate in Maryland if not named as beneficiaries?
- A: Yes, if an estate was opened, all “heirs at law” (meaning any person who would inherit if there were no will) must be notified so they can decide whether or not to challenge the will. As a child of the deceased, you are an heir at law.
However, if your father’s assets were all either jointly owned with others, or had “transfer on death” beneficiaries named (such as financial accounts), or if all his assets were part of a trust, then there may have been no assets remaining in his name to probate under a will. In that situation, a one page “will of no estate” is all that gets filed, together with the will, or in some cases, the family does not even file that document or the will. ... Read More
- Q. How can I protect my assets for my son when marrying at 67 in Maryland?
- A: The ONLY way to achieve what you want is by a pre-nuptial (or post-nuptial) agreement. In the event of your death, a surviving spouse has a statutory elective share against their deceased spouse's estate in the amount of not less than 1/3 of the probate and non-probate assets of the estate if there are surviving children, and 50% if no surviving children. The elective share overrides whatever the spouse is to receive under the will, regardless of what the will says. It is up to the survivig spouse whather to make that election or accept what they receive in terms of the will and any other non-probate assets they receive by way of title or as a beneficiary. Probate assets are those assets ... Read More
- Q. What was the MD statute code in 2007 for "Use of a Handgun/Firearm in Commission of a Crime of Violence"?
- A: MD Code, Article 27, Section 36B(d), which was replaced and re-enacted and is now codified as Criminal Law Article, § 4-204.
You can review the text at this link from the Maryland archives:
https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000770/html/am770--3226.html
Being found guilty of this offense adds a mandatory 5 year sentence to the underlying crime of violence for a first offense, and between 5 and 20 years for a second or subsequent offense.