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The law is constantly changing, and it can be challenging to keep up as a Maryland resident. If you are on probation, there are a number of ways that you can violate your probation. In the state of Maryland, there are technical probation violations that can lead to serious consequences. What are some of the ways that you might violate the conditions of your probation?

8 Examples of Probation Violations

There are many different types of technical violations in the state of Maryland. These occur when you are not committing a new offense but instead violating one of the rules involved with probation. Some of these include:

• Not doing your court-ordered community service
• Missing an appointment with your probation officer
• Testing positive for alcohol or drug use
• Being late to an appointment with your probation officer
• Not completing a court-ordered substance abuse treatment
• Not paying restitution to victims
• Not paying court fines
• Not completing court-ordered anger management classes

It might seem like these are easy to avoid, but many complications can arise. For example, bad weather might lead to you being late for an appointment with your probation officer and put your freedom in jeopardy. Working with a lawyer is one way to avoid these probation violations and make sure that you are always in good standing

What Happens If You Violate Probation?

There are numerous different consequences for probation violations depending on the severity of the violation, the number of times that you violated in the past, and other factors. Your probation officer can decide to force you to appear in court and request a penalty from the judge for your probation violations. These violations might include jail time, a hearing, or simply a warning. If you are concerned that your probation officer might request a probation violation hearing due to your probation violations, it is critical that you contact your attorney as soon as possible to prepare.

Additionally, some Maryland judges will issue a no-bail arrest warrant if you violate your probation. This might lead to your detainment until a trial occurs, which could last for weeks or months. It’s critical to communicate immediately with your lawyer and your probation officer.

Contact Mobley & Brown, LLP to Avoid Probation Violations

If you are concerned about probation violations, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

As an employer, it’s critical that you understand the difference between independent contractors and employees. While it might seem trivial, this distinction makes a massive difference in the tax filing process and what wage and employment laws apply to different employees at your business. What are some of the differences between the two, and how can you tell which one you are employing?

How Work Is Done and What It’s Done With

One key difference between independent contractors and employees is how work is performed and what is performed. In most cases, an employer and employee relationship can be established when you are dictating and directing the person performing the services in what needs to be done, what means are used to accomplish the goal, and how it should be done. In other words, you are not just telling the worker what needs to be done, but how it must be done.

For example, a restaurant wants to have its bartenders be considered independent contractors. If the restaurant wants to set working hours, provide all the equipment used, require the bartenders to wear uniforms, and require them to attend staff meetings, they have employees instead of contractors.

The Type of Wage Paid

The lines between independent contractors and employees can become blurred when thinking about how wages are paid, but it is one good way to provide yourself with a benchmark for how you are classifying employees. Most employees are paid a flat wage per hour of work or a salary. Even if you also give commissions and bonuses, this type of payment is considered an employee-and-employer relationship by the IRS.

For independent contractors, payment is generally a set rate after a task or job is completed. This rate could be a certain amount per hour that is billed to the company, or it could be a flat rate for the specific project.

Who Pays Expenses

If you employ someone, you will provide employees with the resources that they need to get the job done without paying for them out-of-pocket. If an employee does buy something out-of-pocket, it’s reimbursed. Independent contractors are required to cover their own expenses throughout the course of the project. For example, if someone is making a wood bench for your lobby, they will cover the cost of woodworking materials, the wood itself, and any tools required to finish the job. You will pay the independent contractor for the finished project. However, if this was an employee, you would supply them with the machinery, tools, wood, and all other supplies to finish the job.

What Happens If You Misclassify a Worker?

Misclassification is a serious risk, and it’s become more common with the flourishing of the gig economy and more businesses working with freelancers and independent contractors. Some of the consequences of misclassification include:

• Wage law violations
• Tax penalties
• I-9 violations
• Shortfalls in unemployment insurance
• Lawsuits due to exclusion from benefit plans
• Worker’s compensation violations
• FMLA Act violations
• WARN Act violations
• And more!

We can help you make sure that your business is following all classification rules.

Contact Mobley & Brown, LLP for Help With Employment Law

If you are a business and concerned about misclassification of independent contractors or employees, we are here to help. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

When you are pulled over for a DUI stop in Maryland, it’s easy to panic, regardless of whether or not you have been drinking. Understanding your rights in a DUI stop is essential to ensure that you do not unintentionally reveal information or imply fault. We can help you protect yourself and avoid jeopardizing your case.

You Have the Right to Remain Silent

Almost anyone who has watched television and movies has heard about the “right to remain silent,” and it is one of your rights in a DUI stop. This right is protected by the fifth amendment of the United States Constitution, which gives you protection against being compelled to say things that might incriminate yourself. It’s important to know that this right to silence is not the same as a right to being silent at all times. You must invoke your right to silence—you cannot simply stay silent. How can you invoke this right?

• “I will not speak until I have the opportunity to speak to my attorney.”
• “I am invoking my Miranda”
• “I am exercising my right to remain silent.”

You Have the Right to Avoid Unreasonable Search and Seizure

Another one of your rights in a DUI stop is granted by the fourth amendment, the protection against unreasonable search and seizure. This means that you do not have to voluntarily submit to the police searching your car. However, particularly in a DUI, the police can search without a warrant if there is evidence of a crime in plain view. For example, if you have a visible bottle of wine or an open container in the car, the police do not need your permission or a warrant to complete a search.

You Have the Right to Refuse Field Sobriety Testing

You do have the right to refuse to submit to testing, including blood testing, breath testing, and field sobriety testing. However, before you act on this right, it’s important to understand that it does not come without consequences. First, if the police want to test you, they can obtain a warrant for your blood test results. Additionally, if you refuse testing, the police officer will take your Maryland license, give you a paper temporary license, and create a case for the MVA to review. As a result of your refusal, you may receive a 270-day license suspension or 2 year license suspension for a second or subsequent offense.

Contact Mobley & Brown, LLP to Protect Your Rights in a DUI Stop

If you want to make sure that your family and friends receive your assets as soon as possible after passing, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Every patient wants their private health information to stay private, and most understand that HIPAA is one of the ways that can be ensured. However, there are many HIPAA myths that distort the truth about what a HIPAA violation is and when your right to privacy has been violated.

Myth: Patients must sign an authorization or give specific consent when a healthcare provider releases information to another healthcare provider for the purpose of treatment or payment.

This is one of the more common HIPAA myths, as HIPAA does not require patients to give formal written permission for doctors to be able to disclose protected health information (PHI) to another provider for the purpose of treatment or payment. However, the patient’s identity will need to be verified to avoid the wrong person getting access to the information. This verification can be done using the last four digits of your SSN, address, or date of birth.

Myth: Sign-in sheets at medical offices and calling a patient by their first and last name in front of other patients in a waiting room are HIPAA violations.

No, this is another one of the HIPAA myths that some patients mistakenly believe. As long as a sign-in or registration sheet does not have more than the minimum of information to accurately call and identify a patient for their appointment, it is not a HIPAA violation. Things like the name of the patient (first and last), appointment time, and doctor you are seeing are all reasonable questions to ask. However, asking you to write down the reason for your appointment or your phone number and email address would be inappropriate. Additionally, using the first and last name is common practice for names that are common or that sound similar to other names.

Myth: Telehealth providers are not subject to HIPAA.

There has been a big push toward telehealth over the past couple of years, and that has led to even more HIPAA myths. HIPAA rules still do apply to all telehealth services, but some companies have put into place COVID-19 exception regulations that allow certain providers to use non-HIPAA programs to offer healthcare services. What does this mean? You may technically receive services over a platform that is not HIPAA-compliant, like FaceTime or Skype, but not over an app that is public-facing like Twitch or TikTok.

Contact Mobley & Brown, LLP for Help With Your Privacy

If you want to ensure that your rights are not violated during the process of receiving medical care, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

If you are pulled over by a law enforcement officer and charged with a DUI, it’s critical that you understand your rights. In some cases, law enforcement mistakes result in innocent people being charged with a DUI and paying the price. What are some of the most common errors that are made during DUI investigations and arrests that might help your case?

No Reasonable Grounds You are Violating the Law

In order to pull your vehicle over, the police officer must have reasonable grounds you are violating a law. For example, if you are driving home from work at 2:30 AM, it is not suspicious to be driving. However, if you did not have your headlights turned on and were driving at 2:30 AM, that could be a cause for suspicion.

Not Wearing a Uniform in an Unmarked Vehicle

Another one of the most common law enforcement mistakes is an off-duty police officer not in uniform and driving an unmarked vehicle making the stop. Police officers driving unmarked cars in Maryland must use both lights and sirens to alert the driver. If the officer didn’t do so, you may have been wrongly stopped.

Not Administering Your Field Sobriety Test Properly

There are multiple types of field sobriety tests that can be administered to determine whether or not someone is driving under the influence. One of the common law enforcement mistakes during a DUI arrest is not administering them properly. If you suspect that your test was not done in accordance with standard operating procedure, your attorney can help you determine whether or not a failure to properly administer your test could help your case. This is particularly common with breathalyzer analysis.

Failure to Record What Occurred

In today’s day and age, every police officer has access to a dash cam and almost every police officer is also wearing a body cam. If there is no video tape or footage available from your arrest, it might be a serious one of the potential law-enforcement mistakes. There is no legal requirement to have a video of what occurred, but without that evidence, there is plenty of room for doubt. Additionally, you might be surprised to know that all police officers do not properly complete their field notes. We know how to read and analyze field notes to determine whether or not a police officer is telling the truth, exaggerating what occurred, or improperly cataloging their activities. A typed report that was written one week after the arrest is no substitute for field notations.

Contact Mobley & Brown, LLP for Help Understanding Your DUI Case

If you have been arrested or charged with DUI, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Anytime a loved one passes away, there are many tasks that need to be taken care of. While there are plenty of more obvious ones, like organizing a funeral, there are others that many people forget about or don’t even realize are required in the first place. One such thing is probate. What is the probate process, and why does it take so long?

Why Does the Probate Process Take So Long?

There are many different reasons why your loved one’s estate might be stuck in probate for many months or even years, including:

• Paperwork: There is a great deal of paperwork involved in the probate process, and all of the paperwork comes with tight deadlines and very strict expectations. This is one of the biggest reasons why people work with an attorney to make the process easier to complete.
• Court Caseload: While things are not as backed up today as they have been in the past, many courts have extremely high caseloads, and your probate case might simply get stuck in the stack for a while. This extends the probate process and makes it harder to finish everything, as you cannot rush the court.
• Complexity: If the estate you are trying to get through the probate process has a large number of assets, a complex variety of assets, or things that might make it harder to tackle than the average case, it will take longer than a simpler estate.
• Challenges: If there are any challenges to the will or estate from beneficiaries, heirs, or people who believe that they should’ve been named beneficiaries, the probate process can take years. Just like court caseload, there is not necessarily a way to accelerate this after someone has passed, as all of the estate planning is already set in stone at that point.
• Creditor Notifications: If the decedent had creditors, the executor of the will will notify them and give them a timeframe during which they have to submit any claims for unpaid debts. Because this is multiple months long, the probate process will have to last at least that length of time.

Is There Any Way to Avoid Probate?

Yes! One of the easiest ways to avoid the probate process is with a trust. Trust administration takes only a few months, compared to the few years that can be involved with the probate process, and it also has lower costs to complete. We can help you determine what estate planning method is right for your needs.

Contact Mobley & Brown, LLP for Help With Estate Planning

If you want to make sure that your family and friends receive your assets as soon as possible after passing, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

When you’ve been injured in a Maryland motor vehicle accident, it can be hard to know what to do next. Your first step after being in a crash should be contacting Mobley and Brown, LLP. We can walk you through each step of the claims process to ensure that you receive the restitution that you deserve. What can you expect as you solve Maryland accident claims?

Liability Investigation

After your initial consultation, your attorney will be able to investigate your potential liability. Because Maryland has contributory negligence laws, doing one thing the wrong way could have jeopardized your claim entirely. We will be able to assess the entirety of the situation using a variety of tools, including:

• Your testimony
• Police reports from the scene
• Witness testimony
• Camera evidence (traffic cameras, dash cams, security cameras, red-light cameras, etc.)
• 911 calls
• And more

We understand how to craft a compelling case for all of our clients.

Working With an Insurance Company

Lawyers do not just coordinate potential claims with the person who caused the accident. Instead, we also solve Maryland accident claims with the insurance companies. Depending on your insurance company, you may receive additional benefits like Personal Injury Protection (PIP), car rental credits, collision coverage, and uninsured or underinsured motorist coverage.

Damages Investigation

Next, as we solve Maryland accident claims we complete an investigation into potential damages. This will include assessing things like paystubs if you missed time from work, medical bills, invoices or estimates for property damage, and records from recent visits to healthcare providers. Even if you don’t have all of the paperwork in order for your first visit, we can help guide you through the process of collecting information.

Negotiation

Depending on the circumstances of your case, we will then start the negotiation or litigation processes. If the other driver’s insurance carrier has not denied liability, we will be able to create a demand package and send it to them to start the negotiation process. Our team will work hard to negotiate on your behalf and, if necessary, move things into the court.

Contact Mobley & Brown, LLP for Help Solving Maryland Accident Claims

If you have been injured in a Maryland motor vehicle accident, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Maryland has approximately 37,000 breaking and entering cases every year, and that is not including other types of theft. There is a broad range of consequences for burglary depending on the value of what was stolen, the circumstances of the case, and the criminal history of the accused. What should every citizen know about burglary in Maryland law?

About Burglary in Maryland Law

Burglary is a crime, and it can be referred to using a variety of names, including housebreaking, breaking and entering, and trespassing. There are four different degrees of burglary in the state of Maryland, one of which is a misdemeanor and three of which are felonies. Depending on the realities of your case and a variety of other factors, you might experience a broad range of penalties including jail time.

First-Degree Burglary

The most serious type of burglary in Maryland law is first-degree burglary. This burglary charge is levied when someone breaks into and enters a home or dwelling with the intent of committing a violent crime or stealing something. The crime is considered a felony, and it can be punishable by two decades in prison.

Second-Degree Burglary

The main difference between first- and second-degree burglary in Maryland law is where the crime was being committed. Instead of being committed at a residence, second-degree burglary occurs at a storehouse, which could mean a school, public building, train car, or certain other vehicles. In order to be convicted of second-degree burglary, there must have been an intent to commit theft, arson, or a type of violent crime. This is also a felony and can lead to up to 15 years of prison time.

Third-Degree Burglary

Unlike first- and second-degree burglary in Maryland law, which require there to be a specific crime (theft, arson, etc.), third-degree burglary simply requires one to enter a dwelling with the intent of committing any crime. This is considered a felony and can come with a sentence of up to a decade in prison.

Fourth-Degree Burglary

The final type of burglary in Maryland law is fourth-degree burglary. This is a misdemeanor, and it can happen when you enter a storehouse or dwelling after breaking in. There is no requirement of intent to commit any type of crime.

Contact Mobley & Brown, LLP for Help Understanding Burglary in Maryland Law

If you are the victim of theft or charged with theft, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.