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Do Young Families Need Estate Planning?

Young adults and families are excited about all that the future contains. While that’s a wonderful thing that nothing should take away from, it can sometimes mean that they put off important planning steps that can protect their family in the event that an accident happens. Young families need estate planning just as much as more established ones.

Estate Planning Is About More Than You Realize

Some young families assume that estate planning only matters for families and individuals that have a significant number of assets. In reality, estate planning is about far more than just what will happen to your assets if you are no longer able to manage them. In the estate planning process, you will name someone to administer the estate, name a guardian for any minor children, provide instructions on how to distribute your assets and more. Young families need estate planning.

What Should You Consider When Planning Your Estate as a Young Family?

Working with an experienced attorney at Mobley & Brown, LLP, can ensure that you carefully consider the answers to the questions that will guide your estate planning. Some of the questions you should think about include:

  1. Who will take care of your children in the event that you, the other parent or your spouse will be unable to care for them after you are gone? Do they have stable relationships and finances? How close do they live? Will they be able to provide your children with the life that you want them to have?
  2. Do you have life insurance policies or other policies that can offer your family additional security? How can they access them?
  3. Do you have a trust set up? How will you make sure there is minimal confusion about your wishes when you are no longer here to clarify them?
  4. Who will manage the distribution of your assets? Do you have someone who is able to follow your wishes without conflict or issue? An attorney can also be named as the executor of your will.
  5. Who will make medical and financial decisions on your behalf if you are injured and unable to do so? Should the same person be responsible for both of them? We are always here to help young families who need estate planning.

Contact Mobley & Brown, LLP for Help for Young Families Who Need Estate Planning

If you are searching for an estate planning and family law attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

 

What Happens if Your Car Insurance Claim Is Denied After a Car Accident?

If you’ve suffered in the aftermath of a car accident due to injuries and damage that occurred during and as a result of it, do you think you deserve restitution? The answer is yes, but unfortunately many insurance companies can complicate the restitution that you deserve. Car insurance companies are more interested in maximizing profits than helping loyal customers in the aftermath of a car accident. What are your options if your claim is denied?

Why Can an Insurance Company Deny a Benefit After a Car Accident in Maryland?

There are many different reasons why an insurance company might deny a claim. Depending on the timing of the accident, they might attempt to argue that you lacked coverage when the accident occurred or that you were not covered for what you were doing when driving (like driving for a delivery service). Some companies will say that you did not have sufficient coverage, and others will deny based on the value of your car accident claims.

It’s important to know that many companies do not expect drivers to push back against their claims. A skilled personal injury lawyer can examine your policy documents and details to see whether or not your insurer is misleading you. If your insurance company is lowballing you or is trying to take advantage of you, a skilled personal injury lawyer can fight back on your behalf. We will maximize your payout after your car accident and work tirelessly to help you recover.

What Should You Do if Your Car Accident Claim Was Denied?

Even if the insurance company is claiming that you were to blame or casting doubt on your claim, you should contact an experienced lawyer like Mobley and Brown, LLP. We can review all evidence, speak with witnesses and comb through the accident reports to show the truth of what happened during your car accident. In some cases, it might be appropriate to file suit against the insurance company denying your claim. We can help work through your options and equip you with the knowledge you need to move forward.

Contact Mobley & Brown, LLP After Your Car Accident

If you were denied your car accident claim by your auto insurance company, you need help and you are unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

5 Mistakes Officers Make During DWI Arrests

Every year, many Maryland residents are arrested on DWI charges despite errors made by officers during the arrest. The police will not tell you if they make a mistake, which means that many of those residents never end up learning that the circumstances or procedures related to their arrest were not legal. What are some of the common mistakes that officers make during DWI arrests?

5 Common Mistakes Police Officers Make During DWI Arrests

  1. Lack of Probable Cause: This is one of the leading mistakes made during arrests, and it is also common during DWI arrests. For example, if you were simply walking home at night, that should not be cause for suspicion. Every arrest requires probable cause that can then lead to questioning and the search of your person. Without probable cause, the arrest could be illegal.
  2. Misconduct During the Arrest: Unfortunately, some police officers can be overly physical or aggressive during an arrest. The same can occur during DWI arrests. If you are resisting arrest, officers can use a certain amount of force to subdue you. However, if you are cooperating, there are limits as to how they can handle the arrest. Verbal misconduct is also not permissible. Police officers must conduct themselves professionally, and violations of that during DWI arrests can strengthen your case.
  3. Miranda Rights: Did you know that you must be read your Miranda Rights before you are arrested? In some cases, officers forget to read the person being arrested their Miranda Rights or intentionally skip them.
  4. Faulty Tests: While this isn’t necessarily the fault of the police officer, faulty field sobriety tests during DWI arrests can lead to illegitimate results. All field sobriety tests must be administered in accordance with guidelines issued by the National Highway Traffic Safety Administration. Breathalyzers are prone to both human and mechanical error. If there were problems with the tests used to determine whether or not to complete DWI arrests, the case could play out differently.
  5. Failure to Show: Even though this occurs after DWI arrests have already taken place, a failure to show at a court hearing or trial could lead to dismissal. If the officer that conducted your arrest fails to prepare for trial or show up in court, it could change the outcome of your case.

Contact Mobley & Brown, LLP for Help with DWI Arrests in Maryland

If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

What Is Unconstitutional Search and Seizure in Maryland?

Every American is protected from unreasonable search and seizure thanks to the fourth amendment, which guarantees “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.” Unfortunately, unconstitutional search and seizure can still occur. Maryland law carefully defines what conditions must be met for the legal search of your person or property. Whenever these conditions have not been met by a police officer, the search and seizure may have been illegal. What is unconstitutional search and seizure in Maryland?

What Is Search and Seizure?

Searches and seizures can happen in different types of cases and in many different ways. Anything from looking at your cell phone to searching through your entire vehicle could be considered a search. Seizures could include taking property from your home or taking your DNA using a DNA warrant. Search and seizure can occur with or without a warrant, but warrantless searches and seizures do not often hold up in court.

Reasonable Search and Seizure

The specific protection we are afforded is protection against “unreasonable” search and seizure. If the search was reasonable, then the police could have the right to examine your vehicle, home or private property. In order for a search to be constitutional:

  • The police must have probable cause that there is evidence you committed a crime and a judge issued a search warrant
  • The circumstances justify the search without the need for a warrant

Probable cause is a key factor in whether or not the situation is deemed an unconstitutional search and seizure. Probable cause is whether or not there is a “fair” probability that evidence of a crime or prohibited materials could be found in a particular place.

Another critical factor is whether or not there is a legitimate expectation of privacy. If you leave something in plain sight where police are lawfully present, it could be searched or seized. The court will consider whether or not you expected a degree of privacy and whether or not your expectation was reasonable.

Do You Have a Case of Unconstitutional Search and Seizure?

If you are concerned that you were the victim of an unconstitutional search and seizure, you need legal representation. Mobley & Brown, LLP can meet with you to assess your case and determine whether or not you could have been a victim of unconstitutional actions.

Contact Mobley & Brown, LLP for Help with Unconstitutional Search and Seizure Lawsuits in Maryland

If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

Understanding Trade Secret Lawsuits in Maryland

As a business, you are always looking to protect your business now and in the future. One of the most complex parts of business law is trade secret law. Unlike copyrights or patents that have a wealth of legal mechanisms to protect them from someone stealing them, trade secrets rely on employees and team members keeping them secret. When it comes to trade secret lawsuits in Maryland, choosing the right attorney to prove your case is essential.

What Is a Trade Secret?

Trade secrets are one of the different types of intellectual property, or IP. Intellectual property is not something tangible, like a product you created, but instead something that your business has the right to possess despite intangibility. As a business, you can elect to copyright your process or technique, but that can mean taking the risk of your proprietary methods being exposed to your competitors and the world. The same thing happens when you get a patent.

As a result, many companies elect to rely on trade secrets. Trade secret lawsuits in Maryland can be filed when a trade secret was attempted to be kept secret with “reasonable effort” and has value. We can help you in determining if trade secret lawsuits in Maryland could be applicable to your situation.

What Are Some Examples of Trade Secrets?

To help give you a better idea of what things could be regulated by trade secret lawsuits in Maryland, here are some trade secret examples:

  • Secret Recipes: The ingredients, process, or mix of flavors that makes a food or drink product special
  • Formulas: Chemical formulas, like WD-40, might be protected by trade secrets instead of patents
  • Software: While plenty of different types of software give users access to the code, others, like the Google search algorithm, are kept under lock-and-key and considered trade secrets

Could You File Trade Secret Lawsuits in Maryland?

As the owner of a trade secret, you have the right to protect your secret if someone steals that confidential information. Depending on your situation, the judge can issue an order preventing them from further disclosing the secrets and force them to pay damages for any economic losses you experienced as a result.

Contact Mobley & Brown, LLP for Help with Trade Secret Lawsuits in Maryland

If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

Maryland Power of Attorney

When you complete your estate planning, you need to understand the rules governing the documents that you create. Maryland power of attorney guidelines cover how a power of attorney can be executed, who can create a power of attorney and more. What should you know about a Maryland power of attorney?

What Is Power of Attorney?

A power of attorney document grants another person the legal authority to act on your behalf. A power of attorney is essential if you are incapacitated and unable to make medical or financial decisions on your own behalf. A general power of attorney gives someone the power and authority to act on your behalf in personal or professional matters.  A limited power of attorney grants someone specific abilities, such as overseeing finances or sale of real estate.

Who Can Make a Power of Attorney Document?

In line with Maryland power of attorney rules, in order to create a power of attorney you must be:

  • 18 years or older
  • Intend to grant the power to the person designated in the document
  • Be mentally competent (able to understand the document, the powers you are granting and what impact that can have)

How Can a Power of Attorney Be Executed?

In order to execute a power of attorney based on Maryland power of attorney rules, the document must be:

  • In writing;
  • Signed by the person the document governs or another person in their presence and at their express direction;
  • Acknowledged by the person the document governs in the presence of a notary public and
  • Signed by at least two adult witnesses in front of each other and the person the document governs (one of which can be a notary public)

Some power of attorney documents can be used immediately, while others can be used only after a precipitating event. Working with a lawyer is essential to make sure that the document is precisely worded so there is not any doubt as to whether or not the power of attorney should go into effect. You can also specify a third party who can denote when the specified event has occurred. For example, if the power of attorney can be used if you are “sick or hurt,” a doctor, judge or specified third party can make that determination.

Contact Mobley & Brown, LLP for Assistance with a Maryland Power of Attorney

If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

What Is Disorderly Conduct in Maryland?

Particularly during times of protest, even peaceful protest, there can be an uptick in charges of disorderly conduct in Maryland. The law specifies several actions that are considered disorderly conduct, but the charge can also be applied in a fairly broad manner. If you have been charged with disorderly conduct in Maryland, it’s important to work with the right lawyer to understand the consequences.

What Can Lead to a Charge of Disorderly Conduct in Maryland?

Disorderly conduct is also known as disturbing the peace, and it can be used to charge someone who is:

  • Making excessive noise
  • Willfully obstructing the entrance into a public place (parking lot, street, school, building)
  • Willfully obstructing a path on public transportation (train, school bus, airplane)
  • Making obscene actions or gestures that others find offensive or disturbing
  • Intoxicated in public
  • Interrupting a sporting event
  • Refusing to leave a public building after being asked to do so
  • Willfully acting in a manner that disturbs the peace
  • Disobeying an order from law enforcement to prevent disturbance of the peace

A public place could be anywhere that is not a home or office, including a street, sidewalk, park, bus station, restaurant or store. Unfortunately, sometimes disorderly conduct is used to prevent people from peacefully protesting. However, in other cases, this charge can be used to protect the public from nuisances like public arguments and bar fights where other charges might not apply.

What Happens If You Are Charged With Disorderly Conduct in Maryland?

It’s critical to get an attorney involved early on in the process, as disorderly conduct in Maryland is a misdemeanor and very serious. Disorderly conduct can be punished with a fine up to $500 and jail time up to 60 days. If you are charged with interfering with access to a medical facility, like a hospital, it could come with up to 90 days in jail and a $1,000 fine. While there are no standardized guidelines for repeat offenders, the court takes disturbing the peace seriously and will likely increase the penalties awarded for repeat offenders.

Contact Mobley & Brown, LLP if You Are Arrested for Disorderly Conduct in Maryland

If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

4 Myths About Car Accident Claims in Maryland

If you are in a car accident in Maryland, do you know what your rights are? Understanding the truth about car accident claims in Maryland is critical to ensure that you receive the relief that you deserve in the event that you are injured or incapacitated. What are some of the myths about automobile accidents and the legal aftermath in Maryland?

4 Myths About Car Accident Claims in Maryland

  1. You Can Make a Claim at Any Time: Unfortunately, this is false. Just like with other types of claims, there is a statute of limitations for personal injury cases. Depending on the exact details of your case, the statute of limitations may differ, but in many cases in Maryland you must file within 3 years of the date of the crash. Therefore, if your accident happened on October 1, 2020, you would have until October 1, 2023 to file suit.
  2. It’s Too Hard to Prove Negligence: This is not the case when you work with an experienced lawyer. Many car accident claims involve negligence, or proving that the other party did something wrong that led to the accident. Whether it’s running a red light or being under the influence, our lawyers understand how to make a strong case.
  3. You Can Be Awarded Damages If You Are Partially Responsible: Unfortunately, when it comes to car accident claims in Maryland, there is a rule called contributory negligence. This rule means that the court can decide you contributed to your injury or the accident in any way, which will prevent any damages from being awarded. For example, if you were driving 20 mph over the speed limit on a rainy night, the jury could decide you were partially responsible. Even if you are only thought to be 1% negligent, that will lead to no favorable outcome in your case.
  4. Insurance Companies Are There to Help You: Even if you are the one paying for the insurance, you should never assume that any insurance company is there to help you. When it comes to car accident claims, they are only there to help themselves! Always contact your attorney at Mobley & Brown, LLP before you speak to anyone at your insurance agency to admit guilt or discuss what happened.

Contact Mobley & Brown, LLP for Your Maryland Car Accident Claims

If you are searching for the right estate planning attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

How to Safeguard Your Estate Planning Documents

Once you complete the estate planning process with your attorney, that’s it, right? Not quite! The most important step in the estate planning process is securing and safeguarding your documents. After all, if you wrote a will but nobody knows that it exists or is able to locate it, it’s the same as having never written a will at all. How can you safeguard your estate planning documents?

Keep Estate Planning Documents Safe and Organized

Start by organizing all of your estate planning documents in a central location. You should keep the original, signed documents in a safe and protected place that your estate executor will be able to access. Some people choose a safety deposit box in a bank, while others store them in a fireproof and waterproof safe inside of their home. Your attorney and the estate executor should both be aware of where the original copies are located. You should also keep a copy of your estate planning documents with your attorney at Mobley & Brown, LLP in case the original copies cannot be located in the future. You can also create electronic copies and store them digitally as well.

Make Sure Your Loved Ones Know What You Want

While you don’t need to tell everyone in your family where your estate planning documents are located, you should have regular discussions with them to communicate your intentions. This includes information about your power of attorney and your wishes after you are gone. It’s a good idea to include written documents that convey your wishes about things like funeral arrangements, cremation, organ donation and other post-death plans in your estate planning documents. Make sure that family members know where this document is located, as your will might not be read until after your funeral and this information should be easily accessible.

Do I Need to File My Will?

You do not have to file your will in Maryland, but you can choose to file your estate planning documents. Look up your local Register of Wills Office in your jurisdiction of residence and send your will in a sealed envelope. You must write your name, address, social security number and the date of the will on the outside of the inner sealed envelope containing the will. The state charges a $5 fee for every will that is filed.

Contact Mobley & Brown, LLP for Your Estate Planning Documents

If you are searching for the right estate planning attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.

Why You Need an Attorney to Fight DUI Charges

As we prepare to enter the holiday season and people drive home from family gatherings and holiday parties, it’s important to remember the seriousness of DUI and DWI charges in the state of Maryland. If you are pulled over and charged with a DUI, do you really need a lawyer? Yes! A lawyer is the best way to fight DUI charges and protect your reputation.

A DUI Is a Very Serious Charge

Maryland takes DUI charges very seriously, and defensive legal action is critical to dismissing the charges as quickly as possible. Noah’s Law, which went into effect on October 1, 2016, means that most drivers who are convicted of a DUI in Maryland have to use an ignition interlock device to drive a vehicle, even if they are first-time offenders. This lock will sit in the vehicle for six months for first-time offenders and one year for subsequent offenses.

In Maryland, the penalties for a DUI also increased under Noah’s Law. For first-time offenders, you can also experience suspension of your license, revocation of your license, points on your license, fines of $1,000 or more and even prison time. When the stakes are so high, you must fight DUI charges aggressively.

There Might Be Errors That Help You to Fight DUI Charges

One of the biggest myths that many drivers are misled by is that failing a breathalyzer or field test means that a conviction is inevitable. That isn’t the case. Breathalyzer machines and law enforcement officers can make numerous errors over the course of the testing and arrest process, and lawyers are able to pinpoint these issues and leverage them to fight DUI charges on your behalf.

How Can an Attorney Help You?

Many drivers don’t realize how many ways a lawyer can help them when facing DUI charges in Maryland. Lawyers can:

  • Explain the exact charges against you and what the consequences in your specific situation might be.
  • Help you in performing proactive steps to show you understand the seriousness of the charge and fight DUI charges from a proactive position.
  • Analyze the circumstances of your case and investigate what happened.
  • Prepare you for a court trial, if necessary.
  • Advocate for you and defend you through each step of the trial and sentencing processes.

Contact Mobley & Brown, LLP to Fight DUI Charges

If you are searching for the right DUI or DWI defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.