Avvo Q&A

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See more Q&A here: Avvo Q&A

Is a Maryland Second Degree Assault conviction a Violent or Nonviolent crime?
It is not a crime of violence, and you should calculate the date from the time your probation ended.

How do I get state to drop charges against my boyfriend?
This is something that requires sensitive handling by your attorney. The state does have a right to proceed, with you as a victim. Also, they see cases everyday where victims of abuse demand that charges be dropped – only to end up in court again (or worse) in the near future. You are not required to cooperate with the State (as far as meeting with them and discussing the case with them). While it is a bit cliche, this really is the exact type of situation where only a hired attorney can…

Do I have a case against Bank Of America for negligence?
What was your goal? (shortsell the house and reduce credit damage?). Whether its a shortsale or loan mod, has your property lost so much value that the negotiators are not releasing the sale? Or is it a second loan issue? If you provide just a little more information, I will be able to point you in the right direction. However, it does seem that you might as well stay in the house (for free) until some resolution or foreclosure has been finalized. If your credit is damaged…

I’d like to know about how long a forclosure takes if I stop making payments after bankruptcy
If you’re looking to purchase, the foreclosure will not affect you (assuming you surrendered the mortgages/house in bankruptcy chp. 7). The process will take 6m to years – depending on the lender and home sales in your neighborhood. If you’re looking to purchase a new home. Your biggest problem will be qualification for a new loan. A bankruptcy will be on your record from 7-10 years, but your credit score can be repaired if your debt/income ratios are handled correctly.

If my landlord is forclousing on the home that I am living can I get my security back in order to move else where?
If you are referencing “Security Deposit”, the answer is probably “NO”. Any agreement with your landlord is likely to include terms of default. Nonpayment (which is the basis for foreclosure), will usually forfeit any deposits.

Can an employee from a company tell someone other than you that you owe them money?
Debt collectors in this capacity cannot contact (or discuss your information) with anyone else (such as siblings, parents, coworkers etc). You may have a great lawsuit under the FDCPA and other statutes.
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Rowe, Weinstein & Sohn, PLLC – Enter as attorneys for Metro accident victims.

Metro accident set to cost millions in liability

Read more: http://www.wjla.com/articles/2015/01/metro-accident-set-to-cost-millions-in-liability-110576.html#ixzz3OuI9qK00

WASHINGTON (WJLA) – Area law firms are gearing up for a flood of calls following Monday’s Metro crisis. And the claims that could be filed have the potential to cost Metro—which is funded with tax dollars—millions.

Radio communication created obstacles

Smoke fills the L’Enfant Plaza Metro station. (Photo: Lesley Lopez)

The accident was only two days ago and 7 On Your Side has learned that some of the passengers have already contacted lawyers.

Two-hundred people were on the train. Eighty-four received medical care. One died. What happened Monday evening on the Metro was truly a tragedy.

Joe Musso’s law firm has already received half-a-dozen calls from passengers.

“Some of the people that are calling us sound incredibly broken up,” he said.

And the callers are not limited to just those who were treated for physical wounds.

“People who believed for 40 minutes that they were never going to see their loved ones again and that they were going to die can have emotional injuries that will last a lifetime, let alone a few weeks,” explained Musso.

According to Metro’s financial reports, obtained by 7 On Your Side, in 2014 the transit system paid out $34 million for “Casualty and Liability Costs.” That number in 2013 was $33.8 million and $30.1 million in 2012—roughly $100 million in the last three years.

Kim Brooks-Rodney works for another private law firm that’s received four calls from victims. But she’s also a former attorney for Metro.

“It has to be investigated. We have to figure out, if I’m with Metro, what went wrong,” she said.

She says if negligent maintenance is found to be at fault, then Metro will be held accountable. But that’s only half the liability story. The 40-minute response, which Brooks-Rodney calls pitiful, will also come into question.

“The passengers on these six trains, they have legitimate claims. They paid a fare. They expected a safe ride and they didn’t get it,” stated Brooks-Rodney.

Rodney said Metro gets thousands of claims every year for liability. Some are legitimate. Some are not. Metro was not willing to comment for this story.

Read more:http://www.wjla.com/articles/2015/01/metro-accident-set-to-cost-millions-in-liability-110576.html#ixzz3OuJ3NuaW

Law Firm’s Move Helps Save Thanksgiving for Some in Silver Spring

Law Firm’s Move Helps Save Thanksgiving for Some in Silver Spring

Master chefs might be cooking up the smoked turkey and chicken expected to be served to hundreds at the Silver Spring Civic Center, but it’s lawyers who are behind the dinner.

Hope Restored, Inc. has partnered with several organizations throughout Montgomery County to present a community-sponsored Thanksgiving event this year to be held at the Silver Spring Civic Center. This event is supported by the Department of Health and Human Services which will be on site to offer information to community members that do not have access to proper shelter or health care.

thanksgiving-flyer-226x300But, on Oct. 11, a major food sponsor for this event “failed to keep its commitment to our community”, leaving Hope Restored, Inc., with an emergency situation of having no food to feed the homeless, needy, and volunteers totaling over 300 members of our community on Thanksgiving, according to Jeffrey O. Thames, President of Hope Restored, Inc.,

Step in the lawyers.

In a true act of having his “Hope Restored”, Thames reached out to local attorney Robinson S. Rowe, a partner at the Law firm of Rowe, Weinstein & Sohn, PLLC, who in turn provided his full support to ensure the success of this event.

“Rowe, Weinstein & Sohn, PLLC, and Hardy’s BBQ have literally saved our Thanksgiving this year for hundreds of our Montgomery County Residents. They are true friends of mine, of Hope Restored, Inc., and to our community. Through partnerships like this we are beginning to put our community back together.” Thames said.

Hope Restored, Inc., will now be able to offer to the homeless, to the needy, to any and all members of our community, an award-winning Thanksgiving meal to be prepared by Corries and Roxie Hardy, owners of Bethesda’s “Hardy’s BBQ,” Thames said in a release. Hot Breads & Cakes will also be contributed to the meal, Thames said.

“The individual businesses and members of our community have truly come together to benefit the greater good this year. I am extremely proud that residents from our community will have access to valuable information and services from community providers, while sharing an exquisite meal with neighbors and new friends,” he said in a release.

Robinson Rowe, partner in the Rockville  firm, said the donation amounts to a few thousand dollars and that his company was “glad to do it.”

“We wanted to step in and help out to make sure the event worked. What Hope Restored is doing is such a great project, we are glad to be a part of it,” Rowe told MyMCMedia Friday.

The Thanksgiving event is scheduled to be held at the Silver Spring Civic Building, One Veterans Plaza in Silver Spring, Nov. 27 from 11 a.m. to 5 p.m. You can download a free ticket here.

http://www.mymcmedia.org/law-firms-move-helps-save-thanksgiving-for-some-in-silver-spring/

Law Firm Saves Community Thanksgiving [Rowe Weinstein & Sohn, PLLC][Robinson S. Rowe]

LAW FIRM SAVES COMMUNITY THANKSGIVING

By Deb Belt (Patch Staff)

How many lawyers does it take to save Thanksgiving for the homeless and needy? Just one law firm.

Hope Restored, Inc. has joined with several organizations throughout Montgomery County to present a community-sponsored Thanksgiving event to be held at the Silver Spring Civic Center, reports Montgomery Community Media. The event is supported by the Department of Health and Human Services, which will be on site to offer information to community members who do not have access to proper shelter or health care.

Last month a major food sponsor for this event pulled out, leaving Hope Restored, Inc., without food for more than 300 county homeless, needy, and volunteers, says Jeffrey O. Thames, president of Hope Restored, Inc.

Thames contact local attorney Robinson S. Rowe, a partner at the law firm of Rowe, Weinstein & Sohn, PLLC, who in turn gained the firm’s support to continue the event.

“Rowe, Weinstein & Sohn, PLLC, and Hardy’s BBQ have literally saved our Thanksgiving this year for hundreds of our Montgomery County residents. They are true friends of mine, of Hope Restored, Inc., and to our community. Through partnerships like this we are beginning to put our community back together.” Thames told Montgomery Community Media.

Hope Restored, Inc., will now be able to offer to the homeless, to the needy, to any and all members of our community, a Thanksgiving meal to be prepared by Corries and Roxie Hardy, owners of Bethesda’s “Hardy’s BBQ,” Thames said in a release.

Robinson Rowe, partner in the Rockville firm, said the donation amounts to a few thousand dollars and that his company was “glad to do it.”

“We wanted to step in and help out to make sure the event worked. What Hope Restored is doing is such a great project, we are glad to be a part of it,” Rowe told MyMCMedia Friday.

The Thanksgiving event will be held at the Silver Spring Civic Building, One Veterans Plaza in Silver Spring, Nov. 27 from 11 a.m. to 5 p.m. You can download a free ticket here.

http://patch.com/maryland/silverspring/law-firm-saves-community-thanksgiving-0

Robinson Rowe files high profile lawsuit against Prince George’s County Police – for striking client Michael Lewis with police cruiser.

http://www.wjla.com/articles/2014/03/atv-crash-into-p-g-police-cruiser-caught-on-camera-101481.html

(WJLA) – This is a Dash Cam video from P.G. County Police officer Anthony Ayers’ cruiser. It captured a collision between the cruiser and an ATV that sent driver Michael Lewis flying and gave him a concussion along with fractures.

Officers say the ATV should not have been on the road, and that Lewis was not wearing safety gear – but Lewis is still suing:

“The bottom line take from the video is it speaks for itself,” he said.

Ayers’ initial duress report on the accident indicated that his car was stationary at the time of the collision – a statement that the video does not seem to support.
“The use of force to make this traffic stop was very excessive,” said his attorney, Robinson Rowe.

Officers were responding to an unrelated non-emergency call when they spotted the ATV and made an abrupt turn. Ayers’ initial duress report on the accident indicated that his car was stationary at the time of the collision – a statement that the video does not seem to support.

This is Karen Blvd., where the crash happened. The officer with the dash cam testified that he manuevered his vehicle in a way to encourage the ATV to stop, and said the driver wasn’t able to control his vehicle and collided with cruiser.

The emergency lights on the vehicle were not on, and the officer did acknowledge this may not have been a textbook traffic stop.

Lewis was given 16 citations after the inident, but all were eventually dismissed in court. John Erzen is the spokesman for the State’s Attorney’s office, and states:

“We believe the officer testimony was consistent with what the video shows.”

Meanwhile, county police would not comment on the lawsuit, but said in a statement:

“Our department promptly launched an investigation and appropriate action was taken.”

Lewis’ lawyers now plan to ask a civil jury to take action based on what’s is on this video.

The Gazette:

ATV TRAFFIC STOP RESULTS IN LAWSUIT AGAINST PRINCE GEORGE’S OFFICERS
Gazette.Net
Maryland Community News

Published: Friday, March 21, 2014
ATV traffic stop results in lawsuit against Prince George’s officers by Chase Cook Staff writer

Note: Images in the attached video may contain disturbing images to some viewers.

Prince George’s County police officers are being sued by a Capitol Heights man who says he was hit by an officer’s vehicle during an attempted traffic stop.

The lawsuit has been filed by Michael Dwayne Lewis of Capitol Heights, who said he was struck while riding his ATV on Karen Boulevard in Capitol Heights on March 9, 2013, according to court records. The suit alleges that Officer Anthony Ayers Jr. intentionally swung his vehicle in front of Lewis.

“This was a use of deadly force,” said Lewis’ attorney, Rob Rowe. “They intentionally drove over the lines and hit him.”

The Prince George’s County Police Department released this statement to The Gazette on March 20: “Our patrol officer immediately reported this incident, which occurred in March of 2013, to his supervisors. Our department promptly launched an investigation and appropriate action was taken. The patrol officer is assigned to District III. We’re not at liberty to comment further due to state and county law and pending litigation.”

Lewis was not made available for comment.

Officers allegedly connected with the incident are also named in the lawsuit.

Ayers’ dashboard camera, provided by Rowe, appears to show Ayers’ vehicle in the right lane before it swerves into the left lane as another officer attempts to stop Lewis by pulling in front of him. Lewis avoided the initial collision, but appears to hit Ayers’ vehicle.

Lewis suffered broken bones and bruises, and was issued 16 citations by county police, Rowe said.

Lewis was found not guilty of the 16 citations by a judge who determined 15 of those citations were not applicable to an ATV and a judge who didn’t think Lewis participated in negligent driving, said John Erzen, spokesman for the county state’s attorney’s office.

When Ayers gave his statement after the crash, he said his vehicle was stationary when Lewis’ ATV crashed into the police cruiser, according to a police report. Erzen said the county state’s attorney’s office believes Ayers’ testimony is consistent with the presented evidence. Rowe said the video shows Ayers accelerating up to the point of the crash.

Rowe said the case is moving through the court system, and no official court date has been set.

ccook@gazette.net

Rowe Weinstein & Sohn, PLLC Produces Sell-Out Comedy Show at Constitution Hall in Washington D.C.

The sold-out show at D.A.R Constitution Hall, produced by Rowe Weinstein & Sohn, PLLC, was a national hit, and started the groundwork for a National Tour involving comedians Bill Bellamy, DeRay Davis, Aries Spears and Anthony Anderson.

Attorneys Robinson Rowe and Christina Shin commented on the success of the show, the demand for stand-up comedy shows in the nation’s capital, and the start of a national comedy tour to be guided by the law firm’s entertainment division.

Surgical Errors: Dangers, Prevention and Recourse

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The recent death of Rep. John Murtha (D.-Pa.) following complications from a gallbladder surgery has generated public concern over preventable medical errors. According to a 2000 publication by the Institute of Medicine (IOM), extrapolating the data from two large studies (one in New York and the other in Colorado and Utah) to hospital admissions throughout the United States in 1997 indicates that at least 44,000 and perhaps as many as 98,000 Americans die each year as a result of medical errors. That is more deaths per year than result from car accidents, breast cancer or AIDS.

Risks

Surgical and medical errors vary. Defective or unsanitary equipment can add to these risks. Included in the risks patients face are:

  • Anesthesia error: Anesthesia errors such as dosage errors or failure to monitor the patient properly may result in nerve damage, brain damage or even death
  • Medication errors: The 2000 IOM publication also reports that medication errors alone, whether in or out of the hospital, account for an estimated 7,000 deaths annually
  • Surgical fires: The elements of fire – fuel, oxygen and heat – are present during surgery and, according to the Joint Commission on Accreditation of Healthcare Organizations, there are approximately 100 surgical fires each year
  • Wrong site surgery: Wrong site surgery occurs when the surgeon conducts surgery on the wrong body part, for example when an operation is performed on the patient’s right arm but should have been performed on the left arm
  • Unnecessary surgery: Sometimes the operation itself may not have been warranted or the patient was not advised of less invasive alternatives
  • Injury during surgery
  • Surgical instruments or sponges left inside the patient

Education and Prevention

The Agency for Healthcare Research and Quality reports that the single most important way to help prevent errors is for patients to get involved in their healthcare and be active members of their health care team. This involves a wholly proactive approach to everything from medicine to hospital selection, when possible.

Medicines

Patients should be educated on medications, herbs and supplements they take and should always advise their doctors of everything they are taking, whether prescription or over-the-counter. Patients should also advise their doctors of any known allergies or adverse reactions to drugs.

When given a prescription, it should be legible and the patient should be told for what the medicine is being prescribed, how long to take the medicine, any probable side effects and interaction with or effect on other drugs, supplements, food, drinks or activities. When filling a prescription, patients should affirm that the medicine is what the doctor prescribed, verify that they understand the directions and how to dose properly and request written information about potential side effects.

Hospitals

If possible, patients should choose a hospital that has performed the operation or procedure many times. The patient may also wish to inquire whether the hospital has adopted a surgical checklist as well as asking any health care workers who have direct contact whether they have washed their hands.

Each patient should be confident that he or she and the surgeon all agree and are clear on exactly what will be done and where. Upon discharge, the patient should request a treatment plan to follow at home.

As a practical matter, Dr. Savard, in a recent ABC News story, advised not to schedule the hospital stay in June, July or August, as those are the months new residents begin working and senior residents get promoted. She also cautioned to avoid surgery on Thursdays and, especially, Fridays.

Remedies

Even savvy patients may be susceptible to surgical error and injury. Depending on the circumstances of the individual case, it may be possible to recover damages to compensate the victim for:

  • Past or prospective medical bills and hospitalization
  • Prescription costs
  • Past or prospective lost wages
  • Pain and suffering
  • Punitive damages

The patient may have a claim against the surgeon, nurse, anesthesiologist or nurse anesthetist or the hospital. If a patient has been injured or suffered an adverse reaction following surgery, it is important to contact an attorney for information on how to gather evidence and whether to proceed with a claim.
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