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Ian Thomas Valkenet
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Ian Valkenet’s Answers

842 total


  • Can I bring charges against a person who taped a phone call without me knowing

    I sent a person a text asking if we could speak they called me we talked. About 9-10 months latter they sent an email to someone I know saying they recorded the call we had

    Ian’s Answer

    Maryland is a two-party consent state. You must consent to the recording or it is unlawful. Call a Maryland attorney to discuss the issue of damages, and whether you have a viable claim.

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  • How can i get my royalty checks from my book publisher, they dont seem to want to give me them??

    I am having trouble getting my royalty checks from my publisher, I have published my first book over a year ago and I was suppose to get at least one check so far, this company has been throwing me around like a rag doll and refusing to give me th...

    Ian’s Answer

    Bring your contract to an attorney, who will discuss your options with you. In all likelihood, a demand letter and/or a lawsuit in the Circuit Court will get the publisher's attention.

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  • Does the will over ride the deed of the house

    Mom has me and brother on deed of house but her will states property and estate goes to my dad so does it go to my dad.

    Ian’s Answer

    The answer to your question depends entirely on the language of the deed. Specifically, it depends on the tenancy the deed creates. For instance, a "tenancy in common" is devisable, and can be passed by a testator. However, an attempt to devise a "joint tenancy" is ineffective -- the interest held by the decedant passes (by operation of law, without any additional paperwork) to the living co-tenant at the moment of death (and so there is nothing to devise when the will is administered).

    Consult with an attorney who is well-versed in real estate concepts if you have further questions.

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  • What type of legal assistance do I need?

    I have a 2006 Black Mercury Mountaineer that was sold to me 1 year and a half ago with 109,000 miles at an interest rate of 29%. Since having the vehicle I have paid about $3000 to have different things on the vehicle fixed. Now to have it state i...

    Ian’s Answer

    The interest rate you describe would run afoul of Maryland's usery laws. You may have civil remedies against the lender/seller. Consult an attorney to preset your rights and maximize your recovery.

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  • Can a cell phone video of a surveillance video be admissible in court if the original surveillance video is lost?

    I recorded a video of a guy stealing my wallet off a bar top. I recorded it on my cell phone off of the bar owners surveillance video. Since then the bar owner has lost the original surveillance video hard copy.

    Ian’s Answer

    The admissibility of evidence is rarely a "yes" or "no" question -- the answer depends entirely on the circumstances around the nature of the item, and the reason for which it is being offered to the court. Article 5 of the Maryland Rules contains the rules of evidence, which are voluminous. The subject is generally taught for 6-12 months in law school. I don't recommend attempting to learn the rules yourself, overnight. Consult with an attorney who can help you protect your rights and your assets.

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  • Can I get up represented by lawyer who knows common law in Maryland to win case before trial, on moving tickets.

    I got a DUI but how can I get proper representation as a freeman.

    Ian’s Answer

    You need to hire an attorney. If you cannot afford private counsel, apply for representation through the Office of the Public Defender.

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  • What are my options?

    Several years ago, my truck was stolen with my wallet inside. One of the items that was being paid automatically was my Maryland EZ Pass. My wife and I forgot to switch it and we apparently started owing money. I tried to call several times an...

    Ian’s Answer

    This is a substantial amount of money. You need an attorney to negotiate on your behalf. Any agreement to pay must be vetted by an attorney and be in writing to be enforceable. Don't take chances attempting to negotiate with the government by yourself. Save yourself some heartache and consult with a lawyer ASAP.

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  • Lawyer for malpractice of a psychologist

    Is it legal for my psychologist to release my conversations with her without my permission? Can I sue her for malpractice? What type of lawyer do I need?

    Ian’s Answer

    It depends entirely on the circumstances surrounding the disclosure. For instance, mental health care professionals are required to make disclosures if you've made a credible threat against the life of another. Was there a consummated doctor/patient relationship?

    Call an attorney to discuss your rights.

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  • How can I terminate a signed home renovation contract without being sued for breach of contract.

    I recently signed a contract for remodeling work in my home. After a couple of weeks and much thought and research, i've found a better deal and now want to terminate my original contract. No work has been done and I signed the contract about a mo...

    Ian’s Answer

    You need to bring your contract to an attorney. The terms of the contract are the beginning of the discussion of your potential liability. A few minutes with a lawyer can save you thousands of dollars, and hours of headache down the road.

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  • Can I be found guilty w/o officer who arrested me present in court?

    The officer in my DUI trial is unavailable and the judge denied the state's request for postponement so trial is scheduled for tomorrow. The prosecutor said she will proceed based on a witness and another officer that arrived 1st but didn't do an...

    Ian’s Answer

    You absolutely can still be found guilty. The State intends to use other evidence to satisfy its burden. You need a trial attorney in the courtroom to beat the charges.

    Call an attorney ASAP, or you will be overwhelmed at trial by an experienced prosecutor.

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