James D Worthington II Attorney

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Phone: (301) 387-2800

Address: 25254 Garrett Hwy, Mc Henry, MD 21541

James D Worthington II Attorney

Family Law

Divorce
There are two types of divorces. The first type of divorce is a separation with a separation agreement. Those end up getting put on a fast track. I think the county record is 28 days from the day that a separation agreement was signed and the complaint was filed until we had a divorce order. That took a little bit of arm-twisting to get done. Typically, though it will take 90 to 120 days on an uncontested divorce and six months to a year if you have contested.
Child Support
There are two types of custody. There is legal custody, which is the right to consent to legal things regarding the childâ€™s medical treatment, the release of medical records, and decisions regarding school. Then there is physical custody, which is essentially the right to physically possess the child. In legal custody, the terms are very important when it is joint legal or sole legal physical custody. The terms are more descriptive in which the schedule that is more powerful gets that. Under the child support law, which is related to and runs in tandem with the custody law, there is a term called Shared Custody. When both parents have the child close to an equal amount of time, then they call it shared custody and it changes the child support calculation.
Child Custody and Visitation
Those are the ten big factors in play. Child custody is a highly emotional decision for any judge to make so there is also sort of the unwritten factor which is just generally how the judge feels about the parents when they testify. Many cases come down to a pretty close draw on those ten factors and it comes down to how the judge feels about the parents.
Spousal Support
Our goals are to accomplish your goals. The most important qualities in an attorney are diligence, mastery of legal tactics and strategy, and being committed to your fight. This is what we do for our clients. We have the legal knowledge and skills to protect your interests and help you through whatever challenges youâ€™re facing. Whether youâ€™re seeking a divorce or need help enforcing child support or alimony orders, trust us to confidently guide you through the complex family-law system.
Child Abuse

Criminal Law

Criminal Defense
Our lawyers offer decades of civil and criminal law experience. Put our vast knowledge to work for you.
DUI/DWI
Driving under the influence of drugs or alcohol, also called driving while impaired, driving while intoxicated, and drunk driving is responsible for scores of traffic fatalities and injuries each year. According to National Highway Transportation Safety Administration (NHTSA) statistics, alcohol-related crashes were to blame for over 17,000 deaths in 2006 alone. State and federal legislatures enact laws to prevent the many injuries and deaths that result from alcohol-related crashes. In their zeal to eradicate drunk driving, organizations like Mothers Against Drunk Driving (MADD) have pushed many states to enact tough laws that impose even tougher penalties for driving under the influence. In Maryland, you can be charged with driving under the influence (DUI) or driving while impaired (DWI) if you are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, controlled substances, or both. â€œActual physical controlâ€ means that you donâ€™t have to actually be driving the vehicle to be charged with DUI or DWI. In fact, the car does not even have to be running for you to be deemed in actual physical control of it. If you are charged with DUI or DWI, you face stiff penalties, including suspension of your driving privileges, exorbitant fines, and even jail time.
Wrongful Death
The relation you share with the deceased party qualifies you to make a wrongful death claim ( Md. Cts and Jud. Pro. Code Ann. Â§ 3-904 ).
Traffic Violations
Per vehicle mile traveled in 2010, motorcyclists were about 30 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 5 times more likely to be injured. While motorcycles made up no more than 3% of all registered vehicles in the U.S., motorcyclists account for 14% of total traffic deaths. In 2010, 35% of all motorcyclists involved in fatal crashes were speeding, compared to 23% for passenger car drivers, 19% for light-truck drivers, and 8% for large-truck drivers.
Sex Crimes
The federal statute Omnibus Budget Reconciliation Act (OBRA) and its interpretive guidelines spell out how nursing homes are ultimately responsible for the health, medical care, and well-being of their residents. A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care, and treatment of residents, aimed at maximizing the quality of each residentâ€™s daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.
Fraud
Credit card fraud occurs when a person uses a stolen, lost, counterfeit, or invalid credit or debit card to make a purchase or receive cash. An estimated 25 million Americans fall victim to credit card fraud each year. Because this type of fraud has become so prevalent in the U.S., many laws have been enacted to impose harsh penalties for committing credit card fraud. The following table lists some of the penalties for credit card fraud that exist under Maryland law...
Robbery
Robbery is theft accomplished by force or threat of force. Armed robbery is the taking of another personâ€™s property by force or threat of force with a deadly weapon. In order to prove robbery, the prosecutor must demonstrate not only that you took the property through the use of force or the threat of force, but also that you intended to deprive the owner of the value of that property permanently. Robbery of another personâ€™s motor vehicle by force, the threat of force, or intimidation is called carjacking. Armed carjacking occurs when a deadly weapon is used in order to take a personâ€™s vehicle by force. The following table lists the maximum prison sentences for each type of robbery...
Burglary
In the United States, over 2 million burglaries are reported each year. At common law, burglary was a specific offenseâ€”the breaking and entering of a personâ€™s home at night with the intent to commit a felony. Most statesâ€™ burglary laws today, however, provide for a much broader definition of burglary. Under Marylandâ€™s criminal statutes, burglary is defined as breaking and entering or unlawfully remaining in a building with the intent to commit a crime. The crime does not have to occur at night to constitute burglary. If you enter the dwelling of another with the intent to commit a violent crime, it is considered first-degree burglary, which is a very serious crime with harsh penalties. The following list includes many of the crimes that are considered violent crimes in the state of Maryland...
White Collar Crimes
In addition to a criminal charge, you may also be subject to a civil lawsuit if you are convicted of a white-collar crime. White-collar crimes are subject to thorough investigation and aggressive prosecution. Thus, it is likely that by the time you are charged with a crime your case has already been under investigation for a considerable amount of time, sometimes even months or years. If you have been charged with a white-collar crime, you need an experienced attorney on your side.
Theft
Misdemeanors
In addition, an assault or reckless endangerment conviction may have other lasting negative consequences in your life. For example, both felony and misdemeanor assaults will appear on your criminal record for years into the future. Thus, any potential employer or landlord who runs a background check may take these convictions into consideration when you apply for a job or apartment after your conviction. Certain convictions for violent crimes will also result in a loss of the right to own and/or possess a firearm.
Embezzlement
The crime of embezzlement occurs when you are entrusted with property (usually money) that you dishonestly appropriate for your own use. Unlike theft, embezzlement involves property to which you may routinely have legal access. The crime of embezzlement is not committed unless you appropriate that property for your own benefit. Generally, embezzlement involves the theft of money or property from your employer. Embezzlement is considered a misdemeanor under Maryland law and is punishable by a prison sentence of not less than 1 year but not more than 5 years. Even if you intended to later return the property, you may still face serious consequences.
Drug Crimes
Crime Committed: A charge of simple possession carries a lesser potential sentence than manufacturing, distributing, or trafficking a CDS. If you engage a minor in the manufacture, delivery, or distribution of a CDS, you face a felony charge with the potential of 20 years in prison and $20,000 in fines. If a firearm is used in the commission of a drug trafficking crime, you face a mandatory minimum sentence of 5 years in prison for a first violation and a minimum of 10 years in prison for a subsequent violation. The sentence is doubled if the firearm was a machine gun or fitted with a silencer. These sentences must run consecutively with the sentence for the underlying drug crime.
Assault
When someone threatens to use or does use force against another to cause harm, it is considered assault under Criminal Law. Aggravated assault typically occurs when a person causes serious injury to another or uses a deadly weapon. If you are being investigated for assault, you face serious consequences that may result in a loss of your freedom, exorbitant fines, and a mark on your criminal record that can affect your ability to obtain employment or housing in the future.
Murder
Assault in the first degree or with the attempt to commit murder, rape, robbery, or sexual offense in the first or second degree
Juvenile Crimes
We help in countering the undue treatment of people by Insurance Companies. Attorney Arnold Philips who also is the founder of The Law Office Phillips & Allen PA focuses his practice on Personal Injury, Auto Accidents, Insurance Litigation, Criminal Law, DUI, CDS, Traffic Violations, Property Disputes, Divorce, Custody, and Juvenile Law matters
Identity Theft
Identity fraud occurs when someone assumes another personâ€™s identity in order to achieve a gain; usually a financial gain. There are several types of identity fraud, including identity theft and government document fraud, among others.
Arson
Arson is generally defined as the malicious and willful burning of nearly any kind of structure or property, not just a dwelling, without consent or with an illegal purpose. Arson has long been considered a heinous crime and, therefore, has historically been punished harshly. That is still so today; however, the most severe penalties are reserved for acts of arson in which death or serious injury results. Often, arson is committed as a means of financial gain. For instance, a person may set fire to his or her own property in an effort to defraud insurance companies. Other motives for arson may be for revenge or to cover up a crime.
Money Laundering
Most white-collar crimes are nonviolent offenses committed for financial gain. These crimes include such charges as money laundering, identity theft, and credit card fraud, among others. Many white-collar crimes involve fraud. Fraud is defined as deliberately deceiving a person or entity in order to accrue an unlawful gain or avoid a loss at the expense of that person or entity. The experienced attorneys at The Law Office Phillips & Allen PA handle a variety of white-collar cases, including...
Kidnapping
Kidnapping is the taking away of a person against his or her will by use of force, fraud, or threat. In Maryland, the term kidnapping also refers to the taking of a child under the age of 16 from his or her homeâ€”even if it is not against the childâ€™s willâ€”without parental consent. Common motives for kidnapping include collecting ransom money, allowing for the commission of a separate crime, furthering a political agenda, inflicting injury or suffering to the victim, or obtaining illegal custody of a child.
Manslaughter
Extortion
Blackmail is the extortion of money, property, or services from another by threatening to expose the person for a criminal act or other disreputable conduct. Blackmail may be made by (1) false accusation, (2) verbal threat, or (3) written threat to expose another for a crime or any other action that would bring the person into public or social disrepute. Under Maryland law, all three types of blackmail are punishable by up to 10 years in prison, $10,000 in fines, or both. Contact now.

Business and Corporate Law

Business Disputes
We believe in the importance of righting wrongs. That's why we extend our services to people entangled in a variety of legal issues. When we aren't fighting on the behalf of personal injury and wrongful death clients, we are helping individuals navigate divorce, child custody agreements, business disputes, estate planning, and serious criminal charges. Licensed to practice in both state and federal courts, our civil and criminal law attorneys are committed to your best solution. If you're in Cumberland, McHenry, Garrett County, or Allegany County, and seeking reliable representation for an injury claim or another legal matter, don't hesitate to call our Maryland attorneys today. You can count on us to defend your rights and pursue a resolution that reflects your best interests. Schedule your free consultation today.

Property Law

Premises Liability
Slip and fall accidents are the most common type of â€œpremises liabilityâ€ cases, which center on the question of a property ownerâ€™s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also falls under this category.
Construction Litigation
Since toxic mold requires water to grow, buildings with moisture problems are highly susceptible to mycotoxin problems. Delayed maintenance, insufficient maintenance, and construction defects are common reasons for toxic mold growth.
Property Damage
The following represents facts and figures regarding large truck accidents and the serious damages they inflict on our roadways every year. In 2010 11% of all traffic fatalities resulted from a collision involving a large truck. In 2010, 276,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States. A total of 3,675 people died (8 percent of all the traffic fatalities reported in 2010) and an additional 80,000 were injured in those crashes. In 2010, large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 3 percent of all vehicles involved in injury and property-damage-only crashes. Seventy-six percent (76%) of fatalities in large truck crashes were occupants of other vehicles involved in the crash. Only 14% of fatalities involved drivers or occupants of large trucks.

Health Law

Personal Injury
Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured, or personal property has been damaged. The law of personal injury is concerned with determining who may be responsible (who is â€œliable,â€ or has â€œliabilityâ€ ) for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified into the following three broad categories, or degrees of fault: negligence, intentional torts, and product liability torts.
Medical Malpractice
Auto Accidents
Dog Bites
For more information on Dog Bites, a free initial consultation is your next best step. Get the information and legal answers you are seeking and talk to Arnold F. Phillips by calling today.

Trusts and Estates

Estate Planning
Estate Planning is the process whereby you create a strategic plan for 1) the management and distribution of your assets in the event of your death or incapacity, and 2) the carrying out of your wishes with regard to the caretaking of your person or remains upon your incapacity or death. Estate planning requires you to marshal all of your assets and make specific determinations as to who you want to receive them from. It requires you to evaluate the financial and tax consequences of those actions and prepare for them.
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