In some cases, guardians can receive child support payments from the ward’s non-custodial biological parent. However, this may depend on several factors. It may be that the ward’s parents have not completely forfeited their parental rights; so the guardian may only be acting in a very limited capacity and for a specific purpose. The child support order may specifically list the biological parent for the support, rather than the guardian. In any event, if the guardian is receiving child support payments for the ward, the funds need to be dedicated to the ward and not for personal use.
Child Custody and Visitation
Children are often the unintended victims of separation and divorce. Child custody and visitation are arranged as best as possible through parenting plans. We can guide you through the process at Baldwin, Briscoe, and Steinmetz.
Adoption
Premarital Agreement
A prenuptial agreement is a contract that helps manage the risk of a future marital relationship that ends through divorce, separation, or dissolution of the marriage.
Guardianship
There are many kinds of guardianships in Maryland. In any situation where a person cannot make their own decisions, the court may appoint a guardian over them.
Spousal Support
A prenuptial allows you and your partner to decide on issues such as property ownership, management of financial affairs, spousal support, or other areas you have mutual interests now.
If you or a family member has been accused of assault, an experienced criminal defense attorney must handle your case appropriately. Any assault case can involve serious jail time or felony charges.
DUI/DWI
Baldwin, Briscoe & Steinmetz, P.C. has a record of defending clients facing DUI/DWI charges. We know the consequences a DUI/DWI conviction can have on you and your family. Therefore, we thoroughly assess every DUI/DWI charge to determine whether the state’s evidence could support a conviction.
Wrongful Death
If you have lost a loved one whose death was caused by a wrongful act, our firm understands the emotional effects and will strive to achieve a successful wrongful death claim.
Traffic Violations
The number of points associated with a moving violation depends on the severity of the violation. While there are forty-two categories of violations for purposes of assessing points, some of the most common are these: a moving violation, not otherwise listed and not contributing to an accident – 1 point; speeding by 10 mph or more – 2 points; failing to stop for a school bus – 3 points; running a red light – 2 points; a moving violation contributing to an accident – 3 points; speeding in excess of 30 miles per hour – 5 points; driving without a license – 5 points; speeding in excess of 20 miles per hour in a 65 mph zone – 5 points; driving while impaired– 8 points; failing to stop after an accident – 8 points; failing to stop after an accident involving bodily injury or death – 12 points; driving under the influence – 12 points. Moving violations which are not listed here also can result in points being assessed.
Sex Crimes
Maryland has a law that allows a tenant to terminate a lease where the tenant, or another occupant of the property is a victim of domestic violence or sexual assault. In order to terminate the lease, the tenant needs to provide written notice of their intent to vacate and provide a copy of the applicable protective order or peace order to the landlord. Once the notice is provided, the tenant has thirty (30) days to vacate the property. If the tenant provides notice, but fails to vacate, then the landlord may, at its option, pursue the remedies available the remedies for a tenant-holding-over. These remedies are described earlier in this article.
Robbery
Robbery is the taking and carrying away of property from someone, by force or threat of force, with the intent to deprive the victim of the property. Property can be anything of value. Obtaining services by force or threat of force can also serve as a basis for a robbery charge.
Burglary
Burglary is a crime that comes in various degrees. Essentially, it is a breaking and an entry. The slightest break and entry are generally sufficient to prove burglary.  Burglary is defined in Maryland in terms of degrees.
Theft
Misdemeanors
According to MD Code, FAM LAW §13-102(c), the penalties for not providing a destitute adult child with food, shelter, care, and clothing are as follows: “A person who violates any provisions of this section is guilty of a misdemeanor and on a conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.†MD Code, FAM LAW §13-102(c).
Embezzlement
Embezzlement is a special type of theft involving a fiduciary relationship. Where a fiduciary converts property held for another to their own use, it constitutes a misdemeanor, carrying a minimum sentence of one year and a maximum sentence of five years.
Assault
The crime of assault is one of the most common criminal charges that we see at Baldwin & Briscoe, P.C. Assaults come in two degrees, First Degree Assault, which is a felony, and Second Degree Assault, which is a misdemeanor. We see many more second degree assault charges than first degree assault charges.
Homicide
The MVA must revoke the license of an individual convicted for homicide by motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance.
Arson
Second degree burglary is the breaking and entering into another’s building with the intent to commit theft, a crime of violence, or arson in the second degree.
Shoplifting
Shoplifting is generally prosecuted as theft in the State of Maryland. What happens when the shoplifter is caught before leaving the store, however? The Maryland theft statute defines to include the mere concealment of property, with the intent to deprive the owner of the property. Thus, a person has committed a theft, under the Maryland theft statute, regardless of whether that person actually makes it out of the store.
Hit and Run
If you have been injured in a hit and run accident in Southern Maryland, you probably have a lot of question, principally how are you going to be compensated for your losses? In a “normal†accident case, there is an injured person and a person who caused the accident. The at-fault party’s insurance company pays for the injuries suffered by the injured person and everyone moves on with life. When the person responsible for the injuries flees the scene, the normal plan doesn’t work.
Corporate governance deals with how businesses and companies are controlled. It involves the relationship between a company’s management and its shareholders and board. We can assist you in mitigating the potential conflicts of interest between your business stakeholders.
Business Disputes
The Contract Disputes Act (CDA) imposes a unique process for disputes arising under a government contract. As a waiver of sovereign immunity, courts and administrative boards of contract appeals construe the CDA narrowly. Accordingly, a Contractor with a dispute with the Government must follow the CDA’s mandated procedures, or it risks waiving or otherwise losing its right to proceed against the agency.
Maryland law prohibits adding or stacking insurance coverage under more than one policy of insurance for damages arising out of the same occurrence. Further, if a plaintiff recovers under a worker’s compensation claim, the amount recovered from any related uninsured motorist claim must be reduced by the amount of workers compensation proceeds actually received by the injured party.
Employment Contract
Tortious interference with contract cannot be used to chill legitimate business competition. For example a competitor who pursues an employee of another’s business who is employed at-will, does not improperly interfere with the existing employment contract, unless the competitor uses improper means.
The Law Offices of Baldwin, Briscoe & Steinmetz can assist you in any disputes over the rightful boundaries between properties. Every resource that can help determine the actual boundaries of a property will be examined, and we will look for any historical records or physical indicators that exist.
Premises Liability
Negligence often arises in the context of premises liability. This may occur for instance where here is a slip and fall on a wet floor, or a displaced floor tile. The owner of real property generally owes some duty to those coming on his property. The extent of that duty, however, depends on the nature of the relationship.
Real Estate Transactions
My family has used the services of Baldwin, Briscoe and Steinmetz multiple time for several family members will and multiple real estate transaction. Knowledgeable and Professional in all respects.
Easement
Landlord-Tenant Disputes
Landlord and tenant disputes, both residential and commercial, frequently must be settled in courts after parties cannot reach an agreement privately. Therefore, litigation is key to achieving a fair resolution of your dispute. At The Law Offices of Baldwin, Briscoe & Steinmetz, we can represent you when you need legal assistance.
Property Damage
After the initial consultation, in most cases, we put together a demand package. If we know that liability is going to be in dispute we may skip this step, however we usually don’t know whether liability is going to be contested at this stage of the process. A demand package consists of copies of all of our client’s relevant medical records and their bills, along with proof of any other expenses that have been incurred as a result of the claim. Generally, a claim for property damage and car rental costs will be settled well before a claim for injuries and is not part of our analysis. When we put together a demand package, we will include a letter explaining how the accident occurred, explaining the injuries that we resustained by our client, and detailing the economic losses, such as medical bills and lost wages, and explain in detail the effect that those injuries have had on our client. The value of a claim is affected by many factors, including the severity of the injury, the client’s previous medical history, whether the client lost time from work and whether a permanent injury has been sustained.
At The Law Offices of Baldwin, Briscoe & Steinmetz, we handle various claims in which people have suffered personal injury or death through no fault of their own.
Medical Malpractice
When an individual loses their life because of another’s negligence, be it from an automobile accident, medical malpractice, or other wrongful conduct, there are two legal claims that may result.
Auto Accidents
Slip and Fall Injury
In many cases, the defendant may contest the amount of damages, even where liability is conceded. While this happens more often in automobile accident cases, it can apply to slip and fall injuries as well. Often insurance companies will try to attribute your injuries to a different accident or fall, either before or after the one that is the subject of your case, to degenerative or other physical impairments, or to any number of sources other than the negligence of their clients.
Estate planning is one of the most important things you can do for yourself and your family, yet estate planning is generally not included at the top of a person’s priority list.
Wills
Make sure your assets and children are taken care of. A Last Will and Testament is the proper way to ensure that your funds, property, and personal effects will be distributed according to your wishes after your death. Wills are essential for younger and older people alike. Having a Will is especially important if you have young children because it allows you to designate a guardian for them in the event of your death. Without a completed last Will and Testament, the court will appoint a guardian for your children. We can help ensure your assets go where you want and your children are cared for.
Trusts
Power of Attorney
Make sure the decisions made for you are the right ones,s even if you can’t make them yourself. Creating a durable power of attorney gives an agent the right to act on your behalf if you become mentally incapacitated or otherwise rendered unable to make decisions and handle your affairs. If you want to give someone such authority, the best way is through a statutory durable power of attorney. Then, we can help ensure that you and your family are taken care of if something happens to you.
Where a tenant has had three prior judgments for failure to pay rent filed against him in the twelve months preceding the initiation of the action being assessed, the landlord may request that the right of redemption be foreclosed. If the landlord requests this and the court determines that the landlord is entitled to a foreclosure of the right of redemption, the court will, as part of its judgment foreclose the right of redemption. Â If this happens, the tenant no longer has the right to redeem the property by paying the outstanding rent.
Tax Law
Make sure your taxes are done the right way. Tax planning is an integral part of your overall financial plan. If planned carefully throughout the year, the amount of taxes you pay can be reduced. Tax laws are complex and frequently change. We can help you achieve your financial goals by managing your taxes.
Debt Collection
Have you ever gotten a call from a debt collection company? Remember that last month’s cable bill that you and your roommates disputed in college – ten years ago? You know that it never got paid and it keeps cropping back up again in a generally unpleasant manner. Perhaps you’ve lost a job or had an illness and just got behind on your bills. Whatever the reason, life happens! When life happens, sometimes it leaves unpaid bills along the way and this can result in an unpleasant interaction with debt collectors.