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Questions Answered by Scott Scherr
2 Answers | Asked in Criminal Law for Maryland on
Q: I'm trying to see if I can get an expungement for statute code 27.342 felony charge. this was 30 plus years ago

I have some charges I'm wanting to get expunges for and also will these expungements allow me to own a firearms?

Scott Scherr
Scott Scherr
answered on Nov 17, 2022

You may be able to get the theft charge expunged. It depends on whether you have subsequent criminal charges that cannot be expunged. You should speak with a lawyer.

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2 Answers | Asked in Criminal Law for Maryland on
Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law

I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse... Read more »

Scott Scherr
Scott Scherr
answered on Nov 17, 2022

A prosecutor has complete discretion to decide whether to prosecute a case. They do not need the victim's permission or consent.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: What is the maximum speed you can go in a 30 mile an hour street zone you can go over the 30 miles an hour zone in MD?

Can you be given a ticket for going 12 miles an hour over a 30 miles an hour instead of 13 miles an hour and find in MD speed camera?

Scott Scherr
Scott Scherr
answered on Nov 14, 2022

You can receive a speed camera ticket once you are 12 miles over the speed limit (it does not have to be 13 miles over). It is a $40.00 ticket and does not carry points.

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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... Read more »

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Maryland- is it illegal for apartment complex to not give out their insurance info when their vehicle is involved?

Called the police, and got the insurance from the third parties company (contractor is hired as a third party). When asking the district manager for the insurance and they refused to give us the insurance even though his happened with their vehicle in the parking garage they supply for tenants. Is... Read more »

Scott Scherr
Scott Scherr
answered on Nov 5, 2022

Anyone involved in a motor vehicle accident must give their insurance information to the other driver. It is the other driver that has that responsibility. It sounds like you obtained the insurance information on the vehicle. If not, your insurance company can run the tag and obtain the insurance... Read more »

2 Answers | Asked in Criminal Law and White Collar Crime for Maryland on
Q: Why would my codependent get plea for misdemeanor and I’m getting a felony

So we both have a plea offer for conspiracy and theft by false pretense he’s been offer a misdemeanor and I’m being offer felony’s why would we be offer different types of pleas for same charges should I take that plea or fight for misdemeanors I didn’t talk to cops but he did and he took more

Scott Scherr
Scott Scherr
answered on Nov 3, 2022

None of us can answer that question since we do not know anything about the case. You should discuss this with your lawyer.

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1 Answer | Asked in Domestic Violence for Maryland on
Q: My son has been locked up for 30 days for domestic violence,he has a job and no bail hearing
Scott Scherr
Scott Scherr
answered on Nov 3, 2022

If he has not had a bail review hearing, he can hire private counsel or contact the Public Defender to file a motion for a bail review. If that is denied and the case is in the District Court, he may be able to file a Petition for Habeas Corpus in the Circuit Court.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can I dispute the ticket for a School Bus Monitoring Violation?

I was right in front of the bus on the other side of the road when the stop sign of the school bus starts to flash. There were cars behind me and if I make a sudden stop the car behind me would hit me. The video shows the car behind me had not stop too. It was 7:23 am on a two way road on a morning... Read more »

Scott Scherr
Scott Scherr
answered on Nov 1, 2022

You can request a trial and go to court. If it was a camera ticket, the judge can watch the video and you can testify. The judge will decide whether you had time to stop.

If a police officer gave you a ticket, you should definitely request a trial and go to court since this ticket carries...
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2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Scott Scherr
Scott Scherr
answered on Oct 26, 2022

The case is open because it has not been resolved. There is a warrant for the Defendant's arrest. The Defendant should hire an attorney to file a motion to recall the warrant. If the warrant was for missing a court date, it can probably be recalled.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does it meant when a defendant is sentenced to returned statute of limitations for deposit account fraud?
Scott Scherr
Scott Scherr
answered on Oct 25, 2022

The question cannot be answered. The statute of limitations is a time deadline to file a civil lawsuit or criminal charges. It has nothing to do with sentencing. You can contact an attorney to provide more information to get an answer to your question.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: The ticket was for driving on suspended liscence after I called dmv they say my liscense wasn’t suspended
Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should get a certified, complete copy of your driving record. This will prove that your license was valid on the date of the incident.

1 Answer | Asked in Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear Jul 29 2022 for a ticket of driving on suspended license.

Filed a motion to recall and reschedule court date and motion was denied. What do i do next?

Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should hire an attorney to file a motion to recall the warrant. It is more likely to be granted if filed by an attorney since it shows you are serious about the case. Make sure you get your license reinstated as well.

2 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear for traffic violation on July 29 2022. Didn’t know about the court date.

The ticket was for driving on suspended liscence after I called dmv they say my liscense wasn’t suspended

Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should hire an attorney to file a motion to recall the warrant. These motions are usually granted if filed by an attorney. You also need a certified copy of your complete driving record to show your license was valid on the date of the incident. You can get this from the MVA online or in person.

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2 Answers | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
Scott Scherr
Scott Scherr
answered on Oct 22, 2022

You have posted this to Maryland attorneys. Repost your question and list the location as Virginia.

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My live-in boyfriend bought a dog in May. He moved out October 2 and left the dog, expressed intention to get her.

He wants to get the dog when he has a stable place to live. How long can he leave her with me until I can assume ownership. I have paid for all her food and provided all her care.

Scott Scherr
Scott Scherr
answered on Oct 21, 2022

Dogs are considered personal property under Maryland law. The owner of the dog is the person that purchased the dog. Personal property can be abandoned, but in this case, he has indicated that he intends to retrieve the dog which indicates he is not abandoning the dog.

As the owner of the...
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1 Answer | Asked in Divorce for Maryland on
Q: i have filed for divorce and cannot locate my spouse. i had them served with no luck. i filed for a motion for

alternative services and they wanted me to serve one more address and i did. so now i received Order to Defer Rule 2-507 Ordered that the Motion to Defer Entry of Dismissal is granted. Ordered that dismissal be deferred for 120 days as specified, etc.

what do i do now?

Scott Scherr
Scott Scherr
answered on Oct 19, 2022

Hire a private investigator to find and serve them.

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: I got a citation for driving an uninsured vehicle Sunday and have a must appear within 5 business days and need a lawyer
Scott Scherr
Scott Scherr
answered on Oct 18, 2022

Contact an attorney right away. This offense carries possible jail time and points. If you have a good driving record, jail is unlikely and an attorney should be able to keep the points off your record. You should also get your car insured before court which will make a big difference.

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1 Answer | Asked in Internet Law and Juvenile Law for Maryland on
Q: If Im being blackmailed for falsely soliciting a minor, does their information hold up in court?

I sent a small amount of money to this person for explicit content. They claimed in their bio that they were 18. I am now being blackmailed. I am 18/19. No pictures or videos were exchanged.

Scott Scherr
Scott Scherr
answered on Oct 18, 2022

This sounds like a scam. Do not send any money. Block them from your phone and do not respond to texts and e-mails. There have numerous reports of this scam.

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Told at the Bel Air MVA office by mgt. that I had to renew my driver's license with a real ID license. Is this correct

I was told that I have no choice but to obtain a real ID license.

When I asked what legal authority mandates that I get a Real ID license, the manager browsed his computer for approximately ten minutes, then said he would issue me a 45 day temporary license to think about it.

He... Read more »

Scott Scherr
Scott Scherr
answered on Oct 17, 2022

It is a requirement under federal law:

https://mva.maryland.gov/Pages/realid.aspx

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Hi yes my question is If I was charged with second degree assault and my victim doesn't want to proceed what can i/ they

What can they do to get it thrown out before court

Scott Scherr
Scott Scherr
answered on Oct 14, 2022

Unfortunately, the victim has no control over criminal charges. Only the State's Attorney can drop the charges. The victim can tell the State's Attorney they would like the charges to be dropped, but the State often will pursue the claim anyway.

You should retain counsel to...
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