Dear Friends:
We are often asked what legal services we provide. We are a full-service law firm, offering a wide range of legal services. Our practice areas include, among others, family, estate planning and probate, criminal, personal injury, landlord/tenant, corporate, contracts, debt collection, and general civil matters.
We are here to help you through your personal and business challenges. You can count on us to listen to your needs, carefully explain the legal implications of your situation, provide you with expert counsel, and, most importantly, protect your interests.
We hope you will not hesitate to reach out if you think you may need our help. You can call us on 301-251-1600 or email our paralegal team at sheila@bienstocklegal.com.
Your attorneys,
Steve Bienstock
Josh Bienstock
DON’T SPEED!
Maryland’s speed camera law now has graduated fines.
| Miles per hour over the speed limit |
Fine | |
| 12 – 15 | $40.00 | |
| 16 – 19 | $70.00 | |
| 20 – 29 | $120.00 | |
| 30 – 39 | $230.00 | |
| 40+ | $425.00 |
If you are ticketed for going 30 mph or more over the speed limit in Maryland, it is now a criminal reckless driving offense for which you must appear in Court. The maximum penalty is 60 days in jail and a $1,000 fine. You also will get 6 points on your license.
MARYLAND COURTS – POTENTIAL SCAMS
The Maryland Judiciary is reminding you to be vigilant regarding telephone scams. If you are threatened over the phone with arrest, or asked for money or personal information, call the Court to find out if the threat is real. The Maryland Courts do not call or email people to obtain payments or personal information. Courts do not request credit card or other payment information by email or telephone. Do not provide any personal information, credit card, or bank information to a caller or in response to an email.
If you have received a call or email about a Court case or a warrant for your arrest, contact the Court or call us. This also applies to any call or email from what appears to be your bank or a government agency.
PROTECTIVE ORDERS AND PEACE ORDERS
If you believe you are being abused, stalked, or harassed and are afraid you will be harmed, you may apply for a civil Protective Order or Peace Order. Depending on the abuse, you may also file criminal charges against the person.You would get a Protective Order if the person you believe is hurting or threatening you is someone with whom you are in a relationship, like a spouse, family member, or a romantic partner. You would get a Peace Order if the person is a neighbor, co-worker, acquaintance, or stranger. The Protective Order can last for up to a year; the Peace Order, for six months. If you are the one seeking the Order, you are the Petitioner. If one has been filed against you, you are the Respondent.
Steps to get a Protective Order or Peace Order:
- File a petition (a request) for protection at your local Courthouse or with a Commissioner at your police station if the Court is closed.
- The Commissioner issues an Interim Order which is good until a Judge decides if the Order should continue the next day that Court is open. If the Judge agrees, she issues a Temporary Protective Order, good for seven days. The sheriff serves the Protective Order on the Respondent.
- The Final Protective Order hearing is held a week after the Temporary Order is issued. A trial is held, unless the parties reach an agreement. Evidence must be presented at the final hearing, and testimony given.
- If a Final Order is issued, it usually lasts for a year. The Respondent will have to stay away from you, surrender any guns, and whatever else the Judge orders.
- The steps for a Peace Order are the same, but a Final Order is only good for 6 months.
- Although you don’t have to have an attorney to get these, it is highly recommended to have one to protect your rights. There is a lot at stake. If you are considering these, or have been served with one, contact us. We will be happy to explain everything to you in more detail.
Q&A
Q. Is there a deadline for filing a personal injury claim?
A. There are various deadlines in dealing with insurance companies, but you are probably thinking about the “statute of limitations.” In Maryland, the general statute of limitations for a personal injury lawsuit is three years from the date of the injury. However, there are exceptions and nuances that may apply to your situation.
Q. I want to be cremated, and I want to be an organ donor. Do I document these wishes in my Will?
A. Since a Last Will and Testament addresses your estate after your death, and may not be read for weeks after you pass away, it is not the best place to document these wishes. Rather, put your wishes in your Advance Directive (Living Will) AND tell your family.
Q. I want a divorce. Do I need a legal separation first?
A. There is no such thing as a “legal separation” in Maryland, although a signed Separation Agreement comes close. If you and your spouse live separate lives for at least six months, you can file for divorce.
BELIEVE IT, OR DON’T!
- In Alabama, bear wrestling matches are prohibited.
- In Kentucky, it is illegal to marry the same person four or more times.
- In Oxford, Mississippi, it is illegal to drive around the town square more than 100 consecutive times.
- In New Jersey, automobiles may not pass horse-drawn carriages on the street.
- In Ohio, no one may be charged civilly on Sunday or on the Fourth of July.
- In South Carolina, it is a misdemeanor if you promise to marry a woman, then don’t.
Do you have a question for us?
Are there any topics you would like to hear more about?
Email our Paralegal, Sheila, at Sheila@bienstocklegal.com
or call us on 301-251-1600.