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Questions Answered by Scott Scherr
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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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 Employment Law for Maryland on
Q: can an employer send an employee home for the day without pay as a punishment for being a few minutes late?

maryland

Scott Scherr
Scott Scherr
answered on Apr 23, 2024

Most employees are "employees at will." It means that they can be fired or disciplined for any reason so long as it does not violate the Constitution, a statute, or a contract.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it illegal to open my former mailbox, that now belongs to someone else? Even if I don't take or place anything inside

Physical mailbox

Scott Scherr
Scott Scherr
answered on Apr 10, 2024

Yes, this is illegal. Many mailboxes are owned by the United States Postal Service. You no longer have a right to access the mailbox.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Maryland on
Q: Approximately how much does an appeal cost for a dui mva admin hearing decision?

The criminal charges were dropped but for my mva admin hearing, I got a new judge. After 2 hearings, he asked to have a few weeks to look over everything & issue a written decision. There was a video of my arrest & in this video I ask for a breathalyzer multiple times, as well as what my... View More

Scott Scherr
Scott Scherr
answered on Apr 9, 2024

All attorneys set their own fees. You would need to inquire to different lawyers what their fees would be. You should be aware that an appeal (Petition for Judicial Review) is on the record and the decision will be affirmed if there was substantial evidence to support the decision.

1 Answer | Asked in Small Claims for Maryland on
Q: I want to file a small claim again a furniture store as they delivered me a wrong item and don't want to refund my money
Scott Scherr
Scott Scherr
answered on Mar 8, 2024

You can file a lawsuit in small claims court for $5,000 or less. Make sure the store does business in Maryland and can be sued in Maryland. You will need the proper corporate name for the store. You can get the Complaint form for the lawsuit online or visit the courthouse.

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do if I am getting harassing phone calls from someone?

The person keeps calling from a blocked number. I know who it is, but I don't answer to not engage with the person.

Scott Scherr
Scott Scherr
answered on Mar 1, 2024

You can report the matter to the police. I do not know if they will do anything, but at least there will be a report of the incident.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How should I proceed when getting a parking ticket in a spot that was not clearly labeled as Handicap space.

I was rushing to park in DC by the National Building Museum for work, parking in a spot that was not clearly labeled as Handicapped,

as the meter with the handicap marker was broken with the zone # on the side, I paid online instead. Please advise if you can help me avoid payment of the $500 fine.

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You should repost your question to DC lawyers by listing the location as Washington, D.C. Good luck to you.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 2nd degree assault against my boyfriend but the police report was incorrect.

Me and my boyfriend have got in a situation and I was charged with 2nd degree assault. His mouth was bleeding but in the police report we also fell down the stairs. I have more injuries than him and everything started because he took my phone and I tried to get it back. In the police report, it... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

Yes, these things can make difference on whether the State decides to prosecute and any defenses that you may have in the case. I suggest that you retain counsel to represent you given the nature of the charges.

1 Answer | Asked in Domestic Violence for Maryland on
Q: I have assault 2 with pbj but I don’t know if it’s domestic or not can you help me find out?

I need to know so I know if I can legally own firearms or not and get my hql

Scott Scherr
Scott Scherr
answered on Feb 6, 2024

You would need to check the court file. You can go to the courthouse and find out. If it arose out of a domestic incident, it will be listed as a domestic assault and you will be disqualified from owning a HQL.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hello question is a detective left a card on my door about harassment calls to police station

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with harassment

Scott Scherr
Scott Scherr
answered on Feb 5, 2024

You should check with all residents to make sure they are not making harassing calls to the police station. It is really all you can do.

1 Answer | Asked in Criminal Law for Maryland on
Q: What happens if the judge puts you on unsupervised probation for a speeding ticket and then you pick up a criminal charg
Scott Scherr
Scott Scherr
answered on Feb 2, 2024

It depends on the conditions of probation. Typically, if a judge places you on unsupervised probation for a period of time, the judge is only concerned about traffic citations. You would need to review your paperwork.

2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Scott Scherr
Scott Scherr
answered on Jan 31, 2024

It is not a Miranda violation to ask the Defendant to take a breathalyzer test. The DR-15 form is not the same as Miranda. However, Miranda rights are not required prior to the administration of a breath test.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can another state site me for an vehicle equipment violation that is not a violation in the state I live in?

Example - driving a car from Florida, where it has legal but dark tint, through a state like PA, where no addition tint is aloud.

Would it make a difference if your driving on an interstate highway? vs. local roads?

PA laws are typically written. No vehicle shall operate... or no... View More

Scott Scherr
Scott Scherr
answered on Jan 29, 2024

Yes, you can be cited for a traffic citation. You must comply with the laws of the State in which you are driving.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: I renewed my plates but forgot to put on sticker.My car was in front my house and I got ticket. Can I query it?

I just want to know if I should just pay the ticket or if I have a case to defend since I did in fact renew my registration

Scott Scherr
Scott Scherr
answered on Jan 25, 2024

You can request a trial and go to court. You can provide proof that you had the stickers, but did not put them on the car. It is still a violation, but the judge may cut you a break.

1 Answer | Asked in Sexual Harassment for Maryland on
Q: if i am being sexually extorted by someone idk on instagram demanding that i do stuff from or he’ll send the videos out
Scott Scherr
Scott Scherr
answered on Jan 21, 2024

You should report the matter to the police. This could be a scam. Do not pay any money.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi my name is Edward and I was wondering if cr.11-107 indecent exposure that happened in 2013 expungeable?
Scott Scherr
Scott Scherr
answered on Jan 10, 2024

If you received probation before judgment, it can be expunged. If you did not receive probation before judgment, it is not an offense that can be expunged at the present time.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I take concerta while on probation in Maryland if it’s prescribed to me?
Scott Scherr
Scott Scherr
answered on Jan 5, 2024

You should check with your probation officer before taking the medication.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Boyfriend arrested because of active arrest warrant in another state. I didn’t know. Can I get in trouble?

Boyfriend had charges against him for misdemeanor credit card theft scheme, felony credit card theft, and identity theft in MD. Failed to appear in court and they issued an arrest warrant. I had no clue he had a court date or that he had an arrest warrant. Got arrested in PA after being pulled... View More

Scott Scherr
Scott Scherr
answered on Jan 5, 2024

You should not be charged for harboring a fugitive if you did not know he had a warrant. He should retain an attorney to represent him on the criminal charges or go to the Public Defender if he cannot afford private counsel.

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