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2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can I expunge 42-year-old charges for open container and resisting arrest in Maryland?

I am looking to have a guilty finding for an open container violation and resisting arrest from 42 years ago expunged in Maryland. The offenses occurred when I was 19 years old, and I am currently 60. In the past, I had other convictions, including possession with intent to distribute in 1988... View More

Scott Scherr
Scott Scherr
answered on Mar 14, 2025

If you received probation before judgment, they can both be expunged. If the convictions are intact and they arose from the same incident, then they cannot be expunged because resisting arrest cannot be expunged. Under the unit rule, both charges must be eligible. However, the laws change... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge a minor firearm possession record in MD to own a firearm?

I was charged with the minor in possession of a firearm in Maryland and entered a plea agreement which resulted in a 9-month sentence. This incident occurred 8 years ago, and I have had no more legal incidents since then. I would like to know if I can have this record expunged in order to legally... View More

Scott Scherr
Scott Scherr
answered on Mar 5, 2025

It depends whether you received probation before judgment and the exact charge. If you received probation before judgment, it can be expunged now. If the conviction stood, then you would need to review the list of convictions that can be expunged or speak with an attorney.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it legal to drive with historical tags on weekends in MD?

I'm in Baltimore County and considering historical tags for my 2001 Chevy Cavalier. Is it legal to drive the car on weekends for activities like grocery shopping and commuting to my part-time job if I'm the only person in the car? I want to ensure I follow the laws and avoid any violations.

Scott Scherr
Scott Scherr
answered on Feb 26, 2025

Historic vehicles cannot be used for general transportation or to transport passengers or property on highways. They cannot be used to go to work or school. They can only be used in exhibitions, club activities, parades, yours, occasional transportation, and other similar uses. Thus, you cannot use... View More

1 Answer | Asked in Animal / Dog Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: I am being sued because my dog bit someone else's after getting out and need to know my options

I had a cousin staying with me temporarily while getting back on his feet after moving back to our home state he was very informed about the fact they my dog is reactive and has dog on dog aggression I keep signs posted I keep two out of three of my property gates permanently sealed to have the... View More

Scott Scherr
Scott Scherr
answered on Feb 7, 2025

If you have homeowner's insurance, you should report the claim to your carrier and they should cover the claim. They would hire an attorney to defend you and pay any judgment that is rendered.

If not, your cousin may jointly and severally liable and you could sue him for...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Cjis code 3-2400 Statute Code: 27.342 x theft 300 plus value in 1997 - closed 2001. Can you explain

I did 60 days on 90

Scott Scherr
Scott Scherr
answered on Jan 28, 2025

You may be eligible to get your record expunged and you should speak with an attorney. In 1997, theft over $300.00 was a felony. The amount for the felony charge has since been increased. It sounds like you were charged in 1997 and your probation ended in 2001. Article 27, Section 342 in the old... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements

In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record,... View More

Scott Scherr
Scott Scherr
answered on Jan 27, 2025

You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.

You have no authority to reopen a stet to enter a nolle prossequi....
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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.

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1 Answer | Asked in Car Accidents for Maryland on
Q: What recourse do I have against the police department not citing a person who ran a red light and collided with us?

A person ran a red light and t boned my family and I. On the police report, they stated he ran the red light, was at fault, but didn't give him a citation. They also said he wasn't distracted and was never tested for alcohol. What can I do to make my family whole? And have this man face justice?

Scott Scherr
Scott Scherr
answered on Dec 8, 2024

You and your family can make a claim against the other driver's insurance company for property damage and bodily injury. If any of you were injured, you should retain an attorney. All of your claims are against the other driver and not the police. The police cannot be sued for failing to issue... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi I was arrested and received a fare evasion citation in PG County MD with $50 fine and no jail. Need help

I have court this month in Prince Geor g e MD District Court and want expungement.

Scott Scherr
Scott Scherr
answered on Nov 12, 2024

You can only get the charge expunged immediately after court if you were acquitted of the charge or the State entered a nolle prossequi dropping the charge. If you are convicted and receive probation before judgment, you must wait three years to get it expunged or sooner if you can show good cause.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If one were pulled over in Maryland for driving an unregistered vehicle, would he get a court summons or criminal record
Scott Scherr
Scott Scherr
answered on Oct 31, 2024

No, you will not automatically get a trial date. You have 30 days from the date of the incident to request a trial or waiver hearing or to pay the citation. If you fail to act, your license will be suspended. You should request a trial and not a waiver hearing if you wish to contest the ticket.... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can we fight a citation for Failure to attach vehicle registration plates at front and rear?

My son’s license plate holder was broken so we had to put the plate in the front window. He was stopped and issued a citation “Failure to attach vehicle registration plates at front and rear”. This is incorrect because his rear license plate was attached correctly. Can we take this to trial?... View More

Scott Scherr
Scott Scherr
answered on Sep 5, 2024

Maryland law requires plates be attached to both the front and back. Therefore, he did violate the statute.

However, he can request a trial and go to court. If the police officer does not appear, he will be acquitted. Even if the police officer is there, the judge may reduce the fine if he...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: How long of a delay does a traffic stop add to your overall time to get a License In Maryland?

So I went in today to renew my Provisional Driver License to a Regular Driver License due to me being 21 now and my Providional Driver License being expired. They renewed it for me and when I got back home and looked at the paper, it says that they renewed my Provisionals DL for an additional 6... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2024

You should get a certified copy of your driving record and probation before judgment record. It will show all convictions and PBJ's. Only moving violations should reset the provisional license. If you have no moving violations, go back to the MVA and speak with a supervisor.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: My daughter received a camera citation for not completely stopping before making a right turn. She was not the driver; I

was the driver; now the traffic police is asking her to snitch on a transfer of liability ; is there a law in MD that re butts this transfer of liability " snitching?"

Scott Scherr
Scott Scherr
answered on Aug 22, 2024

The Maryland statute states that it is a defense to a camera ticket that you were not the driver, but that you then need to identify the driver. See Md. Ann. Code, Trans. Art., Sec. 21-202.1.

The ticket only carries a $75.00 fine and does not carry points.

3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Scott Scherr
Scott Scherr
answered on Aug 5, 2024

You should retain an attorney to handle your claim. An insurance company will not take an unrepresented individual seriously. You are entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses.

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Scott Scherr
Scott Scherr
answered on Jul 14, 2024

The driver and you are both responsible for the damage to the rental car. The driver is responsible for damaging the car. You are responsible under your rental car agreement. The driver would be responsible to you for any money you have to pay to the rental car company. If you have insurance,... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Will the prosecutor dismiss a case if police report doesn’t match the written report when going to court

Also if you have a clean record never been in any trouble at all will that help your case

Scott Scherr
Scott Scherr
answered on Jun 13, 2024

It really depends on the nature of the discrepancy and whether it is material to the case. Do not assume that the case will be dropped.

The lack of a prior record will help you at sentencing. The judge may give you probation before judgment and/or decide not to send you to jail depending on...
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2 Answers | Asked in Car Accidents and Civil Litigation for Maryland on
Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages

Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?

Scott Scherr
Scott Scherr
answered on Jun 10, 2024

Usually, the driver of a cab is an independent contractor and the cab company will not be liable for the driver's negligence. The easiest and quickest way to fix your car is to make a collision claim with your own insurance company. You will have to pay a deductible, but will get it back if... View More

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1 Answer | Asked in Consumer Law and Construction Law for Maryland on
Q: A contractor charged me for fencing panels but installed pickets instead--isn't "bait and switch" illegal?

I do not believe he is licensed. He has a LLC. I have searched the internet and his company does not come up or his name. Yet he is telling everyone he is licensed. He built a deck for my neighbor and did a great job. I reviewed all his work on FB and everyone seemed satisfied. However, the... View More

Scott Scherr
Scott Scherr
answered on Apr 30, 2024

It is a crime for an unlicensed contractor to work without a license. If he is not licensed, you can file criminal charges and ask for a refund as restitution.

If he is licensed, you can filed a complaint with the home improvement commission.

You also could sue him for damages.

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