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Questions Answered by Scott Scherr
1 Answer | Asked in Criminal Law for Maryland on
Q: What would happen if I miss my court date

I was caught shoplifting @ a north Carolina walmart. I gave them my real name and social security #, but gave them a fake adress and never gave i.d. the officer that pressured me saying if I miss the court date I would be in big trouble so I've been calling the courthouse for about 4 months... Read more »

Scott Scherr
Scott Scherr
answered on Mar 25, 2023

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: Does a Motion to Seal, for Plaintiff's personal reasons, have to be served to the Defendant?
Scott Scherr
Scott Scherr
answered on Mar 24, 2023

Yes, any motion filed with the court must be served on the other side.

1 Answer | Asked in Family Law for Maryland on
Q: Can my baby's middle name be one letter only on the birth certificate? Thanks for the help!
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

Yes. You can have no middle name, a middle initial, or a full middle name.

1 Answer | Asked in Foreclosure for Maryland on
Q: Can a mortgage lender charge you lawyer fees when they want their late payment fees
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

You need to review your loan agreement. It spells out what fees can be charged.

1 Answer | Asked in Child Support for Maryland on
Q: Is child support violating my constitutional rights by suspended my license?

Will the dear colleague letter help me

Scott Scherr
Scott Scherr
answered on Mar 15, 2023

The right to drive is a privilege and not a right. There is no constitutional right to drive.

1 Answer | Asked in Criminal Law for Maryland on
Q: My boyfriend was released from house arrest and awaiting trail but we see he have a warrant for his arrest

He awaiting Trail in may was released from house arrest on 2/10 but when we look his case up he have a warrant for his arrest but we don’t know why

Scott Scherr
Scott Scherr
answered on Mar 11, 2023

If the warrant is in the same case, then he should contact his attorney to see what is going on. There way for any of us to know.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Does PG County Police need to have authorization on file to enforce moving violation while posted on private property?
Scott Scherr
Scott Scherr
answered on Mar 9, 2023

The Prince George's County police can pull you over for a moving violation even if it takes place on private property. It would have to be within their jurisdiction. For example, the Prince George's County Police cannot pull you over in Montgomery County.

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1 Answer | Asked in Small Claims for Maryland on
Q: Loaned money to a friend , have details in texts, has not paid me back in 8 months, what can I do?
Scott Scherr
Scott Scherr
answered on Mar 7, 2023

You can sue your friend for the money due. It is your only remedy if he will not pay voluntarily. If you sue him, it may end your friendship.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: inquired to get Drivers License and was told I had ticket/wreck in NJ despite never being in NJ & not drivng in 10 yrs

How do I clear this up? My mom stopped driving so I have get DL asap

Scott Scherr
Scott Scherr
answered on Mar 5, 2023

Maryland will not issue you a license until the matter in New Jersey is resolved. Contact the MVA in New Jersey to determine what you have to do to get reinstated. If you cannot resolve it on your own, hire an attorney in New Jersey to help.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Need to find the conditions of a stet in allegany county maryland.

3 cases same defendant. I already looked up cases, they are closed, but I need the conditions for the stet. Need someone to find the conditions and relay them to me.

Scott Scherr
Scott Scherr
answered on Mar 3, 2023

You would need to go to the courthouse and get a copy of the disposition documents that would indicate the conditions of the stet. You may also want to get a recording of the court cases where counsel and the judge would state on the record the conditions of the stet.

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3 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Maryland on
Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
Scott Scherr
Scott Scherr
answered on Feb 28, 2023

You will need to speak to a New Jersey attorney. Some states have no-fault laws that do not allow pain and suffering unless you meet certain thresholds. There are sometimes exceptions for out-of-state residents. You should retain New Jersey counsel to discuss the issue.

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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... Read more »

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for second degree assault, does this affect your suitability for Federal Armed contract security?
Scott Scherr
Scott Scherr
answered on Feb 14, 2023

A probation before judgment is not a conviction, but can show up on a background check. You should get it expunged as soon as you are eligible. You should answer all questions truthfully on the application. No one can tell you whether this will affect your ability to get the position.

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... Read more »

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is ta 21-1001(b) moving violation in Maryland?

I left my car running and entered to buy a coffee. When I returned an officer cited me for leaving my car running. I just want to know if I could just pay the fine$60, if it is not a moving violation. Thanks

Scott Scherr
Scott Scherr
answered on Feb 13, 2023

It is not a moving violation and does not carry points. The statute states that "(b) Except as otherwise provided in this section, on any highway outside of a business district or a residential district, a person may not leave any vehicle standing, without providing an unobstructed width of... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for a second degree assault in Md. is that a disqualifyer for a Md. handgun permit?
Scott Scherr
Scott Scherr
answered on Feb 10, 2023

If it was a crime of domestic violence, then the PBJ is a disqualifying act. If it was not domestic violence, then it is not a disqualifying act.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I got ticket charged with 13-411(f), but have record of renewal of 2023 and 2024. Should I contest in court?

I'm driving my brother's car and got ticket at parking lot. Ticket description: displaying expired LC plate, decal expired 2022. But I have record of renewing and did put sticker for 2023 (expired in March). Now the sticker isn't there and I was charged. Should I contest? What will I need?

Scott Scherr
Scott Scherr
answered on Feb 9, 2023

Request a trial within 30 days and go to court. Bring proof that the tags were current and explain to the judge what happened. You should also replace the sticker and bring proof (a picture) of the new sticker. If the police officer appears, you will be acquitted. You can still have a trial even if... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: ticket for driving with suspended registration due to missing smog check in Maryland

My wife received a ticket for driving with suspended registration due to missing smog check yet I have paperwork showing the current smog check still has 8 months on it. The only option on the ticket is "request a trial" which seems way to much for what seems like a clerical error. Is... Read more »

Scott Scherr
Scott Scherr
answered on Feb 9, 2023

You cannot clear this up without going to court. She should request a trial within 30 days of the ticket and go to court. She should bring proof that her registration is valid and the emissions test. She should be acquitted under these facts.

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2 Answers | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: Who is at fault for an accident at intersection?

If both ways have green lights and no arrows. A driver turning left from one side, another turning right from the other, so both heading to the same spot. If they collide and the driver turning right did nothing to avoid, but driver turning left didn’t yield properly, who’s at fault? Does... Read more »

Scott Scherr
Scott Scherr
answered on Feb 8, 2023

The driver turning right on a solid green light has the right-of-way over the driver turning left on a solid green light from the opposite direction. The driver turning left is at fault under those facts.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested for a hand gun charge but was found not guilty of the charge will that effect a job
Scott Scherr
Scott Scherr
answered on Feb 2, 2023

An acquittal of all charges should not affect your job. You should get your record expunged right away. Depending on your job, you may wish to get a true test copy of the disposition first.

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