Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Scott Scherr
1 Answer | Asked in Car Accidents for Maryland on
Q: I was going straight and I met a vehicle park with their hazard lights on I stopped turned on my left signal and honked

And as I was overpassing then they made a left turn into my passenger side how can I win this case with insurance because of the law that MD issued when overtaking a driver

Scott Scherr
Scott Scherr
answered on Aug 16, 2022

In order to determine who is at fault for the accident, an attorney would have to review all evidence including the police report, speaking with witnesses, speaking with you, reviewing photographs of the scene and damage to the vehicles, etc. Maryland is a contributory negligence state which means... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Does multiple arrest for the same criminal episodes give grounds for a dismissal of all charges?
Scott Scherr
Scott Scherr
answered on Aug 15, 2022

Probably not. Double jeopardy only applies when jeopardy attaches. This is when the first witness is sworn. There could be speedy trial issues if charges are dropped and then refiled depending on the facts. You would have to speak with a lawyer.

1 Answer | Asked in Consumer Law for Maryland on
Q: What recourse do I have….. I purchased a used Nissan Rogue with warranty. The radiator fan needs to be replaced….

Nissan said that part won’t be available for 6 mos. To a year. I am a college student & need a car & can’t afford to lease one , yet still have to make payments on a car I can’t drive

Scott Scherr
Scott Scherr
answered on Aug 11, 2022

You would need to review the terms and conditions of your warranty. It will spell out your rights. You can also ask Nissan or the dealership to give you a loaner vehicle until your car can be repaired.

1 Answer | Asked in Civil Rights for Maryland on
Q: Good evening is this case still open or is closed do I have to reopen it
Scott Scherr
Scott Scherr
answered on Aug 11, 2022

You do not provide any information or a case number. I suggest that you reach out to an attorney privately to learn the status of the case and whether it can be reopened.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: What does serious case NP mean relating to a traffic court case?

I have traffic citations and must appears for 80mph in 40 zone, expired license, expired registration plate. The citations were given on 11/23/2020 during the civil lock down. The case is almost two years old and there wasn’t any activity sence I missed the court date on 9/29/2021. Then on... Read more »

Scott Scherr
Scott Scherr
answered on Aug 8, 2022

The serious charge was dropped (called a nolle prossequi). The remaining traffic offenses are now scheduled for the middle of October. You may wish to discuss this with a lawyer.

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Maryland on
Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?

How is evidence filed in an assuialt?

Scott Scherr
Scott Scherr
answered on Aug 3, 2022

There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How does a motion for reconsideration work ?

I recently went to court against my ex for abusing me. He was sentenced on 4/14, on 5/01 he filed a motion for reconsideration. The case says it is closed, does this mean this motion was denied ? Would there be another case open if they were considering this appeal? As the victim would I be... Read more »

Scott Scherr
Scott Scherr
answered on Jul 15, 2022

It states that the case is closed because the original case concluded. He has now filed for reconsideration. When the court rules on the motion, a decision will appear online in Maryland Judiciary Case Search. If the court decides to hold a hearing, this will show up online as well. There would not... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: I wanted to know if you could cancel charges already in process, and if the person being charged could charge you back

I also wanted to know how long it takes for charges to go to court

Scott Scherr
Scott Scherr
answered on Jul 14, 2022

Once charges are filed, only the State's Attorney can drop the charges. The victim has no control over the charges. The victim can tell the State's Attorney he or she wants the charges dropped, but the State does not have to follow the victim's wishes and often does not.

The...
Read more »

3 Answers | Asked in Criminal Law for Maryland on
Q: I have this on my background check after 21 years. How can I get it removed?
Scott Scherr
Scott Scherr
answered on Jul 13, 2022

Depending on the charge and disposition, you may be able to get your record expunged. Speak with an attorney. You do not give any details concerning what it on the background check.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: I'm trying to locate someone who appears to have died in Baltimore City in 2019. Are there web sites I can use to locate

Had a drug problem and some open warrants that may have been satisfied

Scott Scherr
Scott Scherr
answered on Jul 12, 2022

If an estate has been opened up, you can look it up here:

https://www.google.com/search?q=maryland+estate+search&rlz=1C1VDKB_enUS947US947&oq=Maryland+estate&aqs=chrome.0.35i39j69i57j0i512l3j0i457i512j0i512l4.2659j0j15&sourceid=chrome&ie=UTF-8

If a death notice...
Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: hello! is it illegal to…< i currently had just experienced my neighbor complaining of me parking in front of her home.>

it’s illegal to park on the sidewalk where is facing her home ? i’m not blocking her driveway at all

Scott Scherr
Scott Scherr
answered on Jul 11, 2022

If you are parked legally on a public and private road without deeded, designated, or assigned spaces, then you are permitted to park there. However, you may decide not to park there to keep the peace with your neighbor.

1 Answer | Asked in Criminal Law for Maryland on
Q: I haven’t been sentenced yet(MD) but on case search and I saw held subcuria just the other day. What does that mean?

I was charged back in 2018 with about 5 counts of misdemeanor credit card theft. I went to court and supposedly took a plea for pleading guilty to just one of the charges. I was never sentenced that day. Due to a couple postponements from both myself and the state and Covid I’m scheduled to go... Read more »

Scott Scherr
Scott Scherr
answered on Jul 8, 2022

It means that the court has delayed sentencing and is holding the matter for future consideration. It usually does mean that the Defendant has filed a motion to modify a sentence and the court is holding the matter to be decided later. In your case, it means that you have been convicted and the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of going to jail for a first-time hate crime?

Please help.

Scott Scherr
Scott Scherr
answered on Jul 6, 2022

No one can tell you the likelihood of going jail based upon the limited information provided. It depends on how strong the State's case is against you, the facts, the judge, the county, what you have done in mitigation, and many other factors. You should discuss this with your lawyer.

1 Answer | Asked in Contracts and Entertainment / Sports for Maryland on
Q: Hi! I was given an offer by a music company, and I wanted to know if this contract seems good before signing!

https://www.dropbox.com/s/5cohamsbl2j9z6y/BR%20Artist%20Development%20Platform%E2%84%A2%20Deal%20Kadence%20Brooks.pdf?dl=0

Scott Scherr
Scott Scherr
answered on Jun 29, 2022

You are going to need to consult with an attorney that practices Entertainment law to review the contract and suggest changes or warn you about any issues. You should expect an attorney to charge for his or her time. There are many good attorneys out there and you can look for one on Justia or... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Me and my ex split two weeks ago, we bought a dog together and she will not let me see him, do I have rights to see him?
Scott Scherr
Scott Scherr
answered on Jun 27, 2022

Dogs are considered personal property under the law. The owner of the dog is the purchaser. Evidence could include the name on the bill of sale, the name listed on the veterinarian's records, etc. Courts do not get involved in "visitation" issues for pets.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Maryland on
Q: What can be done to remove IID and fight back against the injustice of the police system? We live in MD.

We live in MD and my family was stopped for a routine traffic stop back in January. It was my husband, 14-yr old son, and I in the car with my hubbie driving. We were not far from home just coming from a quick dinner. As we were traveling downhill, we were followed then pulled over for speeding... Read more »

Scott Scherr
Scott Scherr
answered on Jun 27, 2022

I agree with Mr. Oakley. Your husband needs a lawyer to represent him. In order for it to be a refusal, they would need to have had your husband sign that he refused the test on the Advice of Rights form or to mark it that he refused to sign. You will want to provide his attorney with medical... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if someone steals your identity to break the law?

I have been a victim of identity theft as someone has stole my identity to break the law and avoid the police. The suspect was taken into custody, and now I have charges on my record. What do I do to resolve this and get the charges from appearing on my background? How do I get an expungement? The... Read more »

Scott Scherr
Scott Scherr
answered on Jun 24, 2022

You will need a Virginia attorney to help you with this since the charges were filed in Virginia. Contact an attorney in the town of Virginia where the occurrence took place.

2 Answers | Asked in Criminal Law for Maryland on
Q: I need the best lawyer for an expungement for a 1993 B&E and numerous charges that followed it making it a felony

I was a senior in high school and unfortunately was 18 and charged with some charges that I need to have expunged. It’s been over 20 years but it’s still haunts me I have my masters now and would like to have it taken away from my background.

Scott Scherr
Scott Scherr
answered on Jun 20, 2022

You may be eligible for expungement depending on the exact charge and whether you had any subsequent charges. If you received probation before judgment, you can get your record expunged so long as three years expired from the entry of the PBJ and you did not have any convictions during that period.... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: my daughter has filed 2nd degree assualt charges on me about my granson

I have been accused of punching my grandson in the chest..

Scott Scherr
Scott Scherr
answered on Jun 13, 2022

Second degree assault carries up to 10 years in jail and a $2,500.00 fine. You should retain counsel to represent you or go to the Public Defender.

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a court date coming up but I was never served, can a warrant still be issued?

I applied for a public defender, and he called me telling me they plan to serve me in court and it will not be a trial. I am moving to another state the following day, and don’t want to continue going to court. Can I not show up? Will they have a warrant out for me?

Scott Scherr
Scott Scherr
answered on Jun 9, 2022

If you do not show up, the judge will issue a bench warrant for your arrest. You must appear in court. It would be a big mistake to fail to appear.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.