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Questions Answered by Scott Scherr
1 Answer | Asked in Civil Litigation for Maryland on
Q: In general, when filing Maryland court cases, how can one request that a civil case simply be kept private?
Scott Scherr
Scott Scherr answered on May 23, 2022

You would need to file a motion to seal and show the reasons why the file and all pleadings should be sealed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: A cop says I ran a red light without stopping but I can prove I stopped, will this be enough to beat it?
Scott Scherr
Scott Scherr answered on May 15, 2022

You should request a trial and not a waiver hearing within 30 days and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. The judge will decide if you ran the red light. Even if you are convicted, the judge can offer you... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face
Scott Scherr
Scott Scherr answered on May 12, 2022

The suspect can face charges such as failing to obey a command from a police officer among other charges. I do not think that the suspect could be criminally responsible for another car striking the officer during the chase.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: So I got a ticket and everything from the make and model my car to the address and spelling of my name was wrong.

Shouldn't I be able to get this thrown out being that the law is justified by being literal... that's a huge loop hole..was the cop drunk? How is that possible?

Scott Scherr
Scott Scherr answered on May 8, 2022

These things are unlikely to result in a dismissal of the tickets unless you are claiming that it was not you. You should still request a trial within 30 days of the offense and go to court.

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: federal ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges or convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI... Read more »

Scott Scherr
Scott Scherr answered on May 6, 2022

You will be eligible for expungement 15 years after the end of probation/parole which looks like it will be in 2024. If you received probation before judgment, it can be expungement now. They will definitely see the conviction in the background check. All you can do is be honest and disclose it and... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If you get caught driving with a permit in Maryland, and get fined, will you be referred to DIP?

The letter reads: "The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) Administrative Adjudication Division is assigning you to the driver improvement program. You have either been cited for a moving violation while holding a provisional license, accumulated 5 or... Read more »

Scott Scherr
Scott Scherr answered on May 3, 2022

If you have a provisional license and are convicted of a moving violation, you must do driver improvement or the MVA will suspend your license. In addition, if you get 5 or more points in a two year period (based upon the dates of the citations), you must do driver improvement or the MVA will... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: can you get a pbj back once it's taken from you

I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court

Scott Scherr
Scott Scherr answered on May 1, 2022

From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is con obstruction of justice able to be expunged in Maryland if found guilty

It has been at least 5 years since I was found guilty and I received probation for it

Scott Scherr
Scott Scherr answered on Apr 28, 2022

If you received probation before judgment, it can be expunged now. If you did not receive probation before judgment and were convicted, there is a 10 year waiting period from the end of parole or probation for obstructing or hindering. You may want to make sure you are eligible by discussing with... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Will this count as a violation of probation?

My boyfriend was locked up Tuesday after a trial on a crime that occurred in July 2021. He was sentenced to probation in November 2021 for a different crime. Will this sentencing count as a violation of probation because even though the crime that he was sentenced for took place before he was on... Read more »

Scott Scherr
Scott Scherr answered on Apr 22, 2022

No, it is not a violation because the crime took place before he was put on probation.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: I want to be an attorney that represents individuals who are wrongfully convicted, who are on death and children given

Children given crazy sentences. In my head I always thought that was criminal defense law, public interest because I want to help the poor. However afte researching things it seems like. This sometimes fall under civil rights attorney so I am confused under which one it falls under?

Scott Scherr
Scott Scherr answered on Apr 21, 2022

There are two components at play here. First, you have the criminal case. A criminal defense attorney would fight to overturn the criminal conviction. If that is successful, a civil rights attorney may seek compensation for damages caused by the wrongful conviction.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was convicted of a felony, Burglary 2 back in 2008 in Maryland. Can i have that removed from record?
Scott Scherr
Scott Scherr answered on Apr 21, 2022

Second degree burglary convictions can be expunged 15 years after the end of sentence/end of probation assuming all other criteria are met. You are not eligible yet.

If you received probation before judgment, it can be expunged now assuming all other criteria are met.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Habeas corpus. Is this a good thing or a bad thing? What can I do to help him?

My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... Read more »

Scott Scherr
Scott Scherr answered on Apr 21, 2022

If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: The officer did not have me sign the ticket, is it still valid?

The ticket says “issued electronically- signature not required” but it was issued in person.

Scott Scherr
Scott Scherr answered on Apr 20, 2022

Maryland citations are now printed through a computer and your signature is not required. The ticket is valid.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Vehicle does not have a front tag mount. Am I required to install one to hold front license plate? (Maryland)
Scott Scherr
Scott Scherr answered on Apr 20, 2022

Yes, you will need to mount a front tag. Maryland requires both front and back tags. You can find someone to install the mount.

1 Answer | Asked in Probate for Virginia on
Q: What process is there for reviewing an executor's actions for illegality after the estate has been closed? It is in VA.

I suspect the executor, my older brother, stole money from my mother's estate during his 4 year executorship. We trusted him and didn't question expenses until the final accounting showed in the last year he spent large sums, giving us only general labels, such as "trip to... Read more »

Scott Scherr
Scott Scherr answered on Apr 20, 2022

You need to speak with a Virginia attorney about this. You should do so as soon as possible since there may be time deadlines for you to act.

1 Answer | Asked in Criminal Law for Maryland on
Q: I received a letter saying that the state is requesting a nolle prosequi for the purpose of “EMS/mg” what does this mean
Scott Scherr
Scott Scherr answered on Apr 13, 2022

A nolle prossequi means that the State has decided not to prosecute the case and is dropping the charge. The State can refile charges if it chooses to later on. I do not know what "EMS/mg" means. I would suggest calling the court to inquire.

1 Answer | Asked in Employment Law for Maryland on
Q: I worked for baltimore county public schools as a bus driver. I was fired due to a PBJ conviction.

stemming from a hit and run. Was this termination legal ?

Scott Scherr
Scott Scherr answered on Apr 13, 2022

Since you drive a school bus, you must have a CDL. A probation before judgment is not a conviction, but a probation before judgment for a hit and run can possibly affect your CDL. I am not an employment lawyer, but a probation before judgment for a hit and run can probably be considered by an... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If there is a turn lane between the lanes of a dual highway, is oncoming traffic required to stop for a school bus?
Scott Scherr
Scott Scherr answered on Apr 12, 2022

Yes, you must stop for a school bus even if there is a turn lane. You do not have to stop if there is a median or concrete barrier.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I get my misdemeanor theft conviction expunged in MD from 1999? The statute code is 27.342
Scott Scherr
Scott Scherr answered on Apr 11, 2022

It can be expunged if you are otherwise eligible for expungement. A probation before judgment for theft can be expunged after three years. A conviction for theft can be expunged 15 years after your sentence and probation are complete. You should speak with a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: My husband has a v.o.p but he was charged with a crime but it was dismissed he goes to court April 18th
Scott Scherr
Scott Scherr answered on Apr 11, 2022

The VOP may be dismissed or it could proceed to hearing. It depends on the State's Attorney. The standard of proof is lower for a VOP (preponderance of the evidence) then a criminal charge (beyond a reasonable doubt). Your husband should retain an attorney to represent since there is no... Read more »

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