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Questions Answered by Scott Scherr
2 Answers | Asked in Criminal Law for Maryland on
Q: If the state intentionally does not give 100% of the evidence used for search warrant, what can be done?

A friend of mine has already pled guilty but is awaiting sentencing. If the prosecution lies about the basis of a search warrant what can be done? Lawyer continues to lie to client, sweeps it under rug and when confronted, he went off! I no longer trust the lawyer and now I need to know if the... Read more »

Scott Scherr
Scott Scherr answered on Feb 21, 2022

The client can attempt to withdraw his plea. If he is allowed to withdraw the plea, his attorney can then attempt to exclude any evidence found in accordance with the search warrant (and the "fruit of the poisonous tree") on the ground that it was based upon lies in the Affidavit. You... Read more »

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2 Answers | Asked in Constitutional Law for Maryland on
Q: Is being pulled over for suspended registration in a police officer seeing the top of a ziplock baggie in a purse but

No contents probable cause for search

Scott Scherr
Scott Scherr answered on Feb 21, 2022

If the Ziplock bag is in plain view and the officer can see its contents or have justifiable suspicion that there are drugs, then he can search the bag. If the officer only can see a bag and cannot see what is in it, this is not enough for a search. Of course, Ziplock bags are transparent so... Read more »

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1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: What are the charges for low value theft
Scott Scherr
Scott Scherr answered on Feb 16, 2022

You can be charged with theft under $100.00 which is a misdemeanor and carries a maximum penalty of 90 days in jail and a $500.00 fine.

1 Answer | Asked in Consumer Law for Maryland on
Q: Unlicensed contractor stole money and isn’t giving it back
Scott Scherr
Scott Scherr answered on Feb 16, 2022

You can sue the unlicensed contractor for the money. An unlicensed contractor can even be sued for money paid for services performed since he was unlicensed.

You can also file criminal charges for theft and working as a contractor without a license. The court can order restitution as part...
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2 Answers | Asked in Criminal Law for Maryland on
Q: I have a 15 ear old case in Baltimore. There is also a warrant. It is for theft over $500 which absolutely FLASE. Help?

There is a warrant - Baltimore court is not really open due to COVID, Can anyone help?

Scott Scherr
Scott Scherr answered on Feb 16, 2022

Mr. Oakley is correct. You need to hire counsel as soon as possible. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and the case set for trial. There may be proof issues for the State since the case is so old. Witnesses may be unavailable.... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Does Title 21-706 apply to 5-lane highway that includes two lanes on each direction of traffic, plus a turning lane?

I received a citation for going in the opposite direction of a school bus stopped on the opposite end of the 5-lane highway (the highway is not divided, but has a center lane for turning vehicles).

Scott Scherr
Scott Scherr answered on Feb 11, 2022

Yes, the statute applies under these facts. It would not apply if there was a median dividing the highway.

2 Answers | Asked in Criminal Law for Maryland on
Q: How do i contact the public defender, is it free? what do i ask?
Scott Scherr
Scott Scherr answered on Jan 25, 2022

Call the Public Defender's office for the county where you were charged and they will tell you how to get qualified.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Will i go to jail for a first offense , petty theft charge. I’m genuinely scared

It was of $234

Scott Scherr
Scott Scherr answered on Jan 25, 2022

Jail is unlikely for a first time offender. It is still important to keep a conviction off your record. An attorney should be able to keep your record clean. Consult with private counsel or contact the Public Defender as soon as possible.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Hi,want to get back drivers license. Had them revoked 30 yrs. ago. What is the best way about doing it.

I am 65 and need for doctors etc. Also want to know if the points are still active if I get them back. Thanks

Scott Scherr
Scott Scherr answered on Jan 24, 2022

Make an appointment with the MVA and find out what you need to do to get your license back. It may involve taking the written and driving test all over again and also dealing with the Medical Advisory Board. They will tell you exactly what you need to do.

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1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: How long before I can expunge this type of case? Caught this case back in 10/2010 finished probation in 4/2011

ABDUCT CHILD/RELATIV IN ST.

Scott Scherr
Scott Scherr answered on Jan 20, 2022

If you received probation before judgment and it was not an alcohol related driving offense, you can get it expunged now. If you were a convicted, it depends on the nature of the conviction. Only certain convictions can be expunged. Consult with a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a judge override a warrant put out by commissioner? Statements were taken from a mental health patient in crisis

I’m a mental health patient. Bf, his ex, harassed me to the point it has deminished my already diagnosed mental state. I have charges on her and one the commissioner gave was for destroying my life & making my mental health worse on purpose. She started again in Dec, Christmas made 30yrs of... Read more »

Scott Scherr
Scott Scherr answered on Jan 20, 2022

Once charges are filed, only the State's Attorney can drop the charges. If a motion is filed, a judge can convert a warrant to a Summons. In any case, your boyfriend needs a lawyer.

You also should retain an attorney. You have admitted to crimes which include making a false statement...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Dogs running at large case(no hurt,no bark) MD law:the maximum penalty-30 days jail for the owner.When it can happen?

Dogs get run. Didn’t hurt anyone, didn’t bark. Just run through the neighbor’s yard to the forest. No intention from the owner. “Nice” Neighbour opened cases “dogs at large”, “dogs trespassing”. Surprisingly, maximum penalty for dogs running at large in MD is 30 days jail for the... Read more »

Scott Scherr
Scott Scherr answered on Jan 20, 2022

I seriously doubt you would receive jail time for this. You may want to retain counsel to get the best possible result.

1 Answer | Asked in Business Law for Maryland on
Q: would i be able to sue a dealership for giving false info about promo going on

We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... Read more »

Scott Scherr
Scott Scherr answered on Jan 13, 2022

You can complain to the Consumer Protection Division of the Attorney General's office and they will investigate.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can you be indicted twice on the same offense?

They served me today and then yesterday served me again for the same charges and added more. So now I have 3 cases open and they all have the same charges with some extra charges or different charges with it?

Scott Scherr
Scott Scherr answered on Jan 13, 2022

Mr. Oakley is correct. If they were separate incidents, then you can be charged for multiple charges. For example, if you are accused of a theft scheme where you stole from several people or stole from one person on several occasions, each theft is a separate crime. If the charges are for the exact... Read more »

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2 Answers | Asked in Bankruptcy, Personal Injury and Traffic Tickets for Maryland on
Q: Can I get a hardship license? I have a back injury and unemployed. I lost my job in October and can't work do to injury

I have unpaid traffic tickets and can't afford to pay them, because of my injury what can I do?

Scott Scherr
Scott Scherr answered on Jan 13, 2022

The MVA passed new laws that allow you to enter into a payment plan for any unpaid traffic tickets. Contact the court for each case and enter into a payment plan. In addition, if you have not been to court for the tickets, file a motion or send a letter to the court asking them to set the tickets... Read more »

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1 Answer | Asked in Uncategorized for Maryland on
Q: How to get our money back from a dentist that stopped working because of a heart attack?

My wife paid for all the prep work towards the main procedure and also an additional $8,000.00 for the rest of the procedure. She went to this dentist because of his reputation for being excellent at his job. Now that he is not coming back to his office my wife wants her money back to go somewhere... Read more »

Scott Scherr
Scott Scherr answered on Jan 12, 2022

She is entitled to a refund of all of her money with the exception of the fees for the prep work. Often times when a health care provider is no longer able to work, another provider takes over the practice. You should inquire about that. You can ultimately sue for a refund of your money or complain... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: My license was suspended on January 7th (Non-Resident Violators Compact Suspension). I received a citation in NC.

I never received any documents via mail for my citation or suspension notice. Is it worth appealing this or should I just pay the fine to reinstate ? **more details per my last questions response. The citation was because I didn't come to a complete stop at the stop sign. My only concern... Read more »

Scott Scherr
Scott Scherr answered on Jan 12, 2022

I agree with Mr. Oakley. You need to get the matter straightened out in North Carolina before your suspension will be lifted. You should speak with an attorney to see if there are any consequences there if you pay it in North Carolina.

Paying the ticket will result in a conviction on your...
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2 Answers | Asked in Criminal Law for Maryland on
Q: My cousin wrote a check from my account. Now the bank wants me to sign a paper stating fraud. What IF I don’t sign???

Here is the issue, he paid it back. So if I don’t sign will the bank take over and charge him.

Scott Scherr
Scott Scherr answered on Dec 29, 2021

If you refuse to sign and are seeking reimbursement from the bank for the check written by your cousin, you can expect the bank to refuse to compensate you. If you sign a statement that it was fraud, your cousin could be charged with a crime.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If a officer wrote report stating he got drugs out car but than the chain of custody states they got it off me its wrong

Wouldn't this be defect in chain of custody

Scott Scherr
Scott Scherr answered on Dec 28, 2021

You are pointing out inconsistencies between what the police officer stated in the Statement of Charges and what is written in the chain of custody document. Whether these inconsistencies can be used by you depends upon whether it impacts any issue or defense in the case. It does automatically... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How can my son get home detention based on he has severe asthma and was exposed to covid in jail

Son serving a 6 mother sentence on non violent crime, trying to get him on home detention due to the rise in covid cases

Scott Scherr
Scott Scherr answered on Dec 27, 2021

Your son's lawyer would have to file a motion to modify the sentence to ask the court to allow home detention. A motion to modify must be filed within 90 days.

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