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Questions Answered by Scott Scherr
1 Answer | Asked in DUI / DWI for Maryland on
Q: If your dui charge is beyond a year, can't be prosecuted? In the staye of Maryland correct ?
Scott Scherr
Scott Scherr answered on Oct 13, 2021

If charges were filed within one year, then you can still be prosecuted. In most DUI cases, the citations are served on the date of the arrest and then the Defendant has been charged. There is a constitutional right to a speedy trial, but the right must be asserted and any delays caused by the... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can the police bring charges up on odometer fraud in Carroll County MD

Odometer fraud seller sold me car with odometer fraud didn't disclose it

Scott Scherr
Scott Scherr answered on Aug 13, 2021

You can go to the Commissioner and file charges or report the matter to the police. You will need proof that the odometer was tampered with.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can You Email / Fax Court Motions To The Court In Maryland

Can You Email / Fax Court Motions To The Court In Maryland

Scott Scherr
Scott Scherr answered on Aug 11, 2021

In most courts (all but Baltimore City, Prince George's County, and Montgomery County), you can file documents electronically by setting up an account. Otherwise, you must mail or hand-deliver all pleadings.

2 Answers | Asked in Criminal Law for Maryland on
Q: Is failure to state a claim the same as (probable cause) or or does it regard actual physical evidence or or both both.

Is failure to state a claim the same as (probable cause / testimony) or or does it regard actual physical evidence or or both both.

Scott Scherr
Scott Scherr answered on Aug 9, 2021

If criminal charges have been filed, the case will proceed to trial unless the State's Attorney decides not to prosecute or the case is dismissed by a judge. The failure to state a claim is not the same as probable cause. Criminal cases are not usually dismissed for the failure to state a... Read more »

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1 Answer | Asked in Criminal Law and Probate for Maryland on
Q: Can useeifi have warrants
Scott Scherr
Scott Scherr answered on Aug 4, 2021

Some warrants appear online at Maryland Judiciary Case Search and other warrants (such as arrest warrants) remain hidden until you are arrested.

1 Answer | Asked in Criminal Law for Maryland on
Q: can you file a motion to dismiss a close case. Example a close case ( conviction )

can you file a motion to dismiss a close case. Example a close case ( conviction ) regarding false arrest false imprisonment. or is it a motion to suppress evidence.

Scott Scherr
Scott Scherr answered on Aug 4, 2021

You cannot move to dismiss a conviction. You have 10 days to request a new trial, 30 days to appeal, and 90 days to ask for a modification of sentence. Otherwise, you would have to seek post-conviction relief which is much more difficult.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I have a moving violation for a bus that was stopped - there was no way for me to stop safely is it my fault
Scott Scherr
Scott Scherr answered on Aug 2, 2021

You may have a defense to the charge. If it was a camera ticket, no points are assessed. They should have sent you a video of the incident. You can request a trial and go to court.

If you were stopped by a police officer, request a trial within 30 days and go to court since there are...
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2 Answers | Asked in Criminal Law for Maryland on
Q: can you ask the judge at your court trial for a continuance in criminal court regarding your court trial.

can you ask the judge at your court trial for a continuance in criminal court regarding your court trial. or or the clerk of the court.

Scott Scherr
Scott Scherr answered on Jul 20, 2021

You can file a motion and ask for a continuance before the trial date or ask for a continuance on the day of trial. The decision will be up to the judge.

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2 Answers | Asked in Criminal Law for Maryland on
Q: how many days do you have to file for a postponement regarding a court date.

how many days do you have to file a postponement regarding a court date before the court date. and and can I also have the case move to a closest court.

Scott Scherr
Scott Scherr answered on Jul 16, 2021

There is no definitive time period that you have to file a motion for postponement, but the sooner the better.

In a criminal or traffic case, the case must be heard in the court for the county where the offense took place. In a civil case, you can move to change venue before an Answer is...
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2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Scott Scherr
Scott Scherr answered on Jun 22, 2021

A case will not be dismissed because of a typographical error or incorrect address.

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2 Answers | Asked in Family Law for Maryland on
Q: Can I use audio recordings in a case against someone?

I want to be able to use audio recordings as evidence in my case against my family whenever I get the chance to get them to court. I'm not sure if what I collected is illegal due to the fact that the people in the recordings did not know that I was going to record it.

Scott Scherr
Scott Scherr answered on Jun 16, 2021

Maryland is a two party consent state. This means that you need the consent of all parties to record a conversation where there is an expectation of privacy or it is a crime.

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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Maryland on
Q: What doctrine governs a partial insurance car repair coverage despite the repair facility's procedure to do it entirely?

My truck was damaged by a collision with a deer. StateFarm paid to repair the truck. StateFarm only paid 1/4 of the cost of reapplying a dealer-installed paint sealant. The "StateFarm recommended" repair facility will not apply the paint sealant to any car partially. Applying the paint... Read more »

Scott Scherr
Scott Scherr answered on Jun 16, 2021

If State Farm is your own insurance company, you can sue them for breach of contract. If State Farm is the insurance company for the other driver who was negligent, you can sue the other driver for the money. Note that if you were injured, you must bring all claims in a single cause of action and... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: I am having a problem with a HOA .They wnat me to stop my family childcare business.
Scott Scherr
Scott Scherr answered on Jun 16, 2021

You would need to review the bylaws and regulations of your homeowner's association as well as the county code to see whether you are allowed to operate a childcare business. You can ask the HOA for authority to support their position that you cannot run the childcare business out of your home.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If I am on probation for a speeding ticket and am at court for another speeding ticket, what does that mean?

The judge asked me if I have anything on my record and I said no. But I think I’m on probation from another ticket, but thought she meant if I have points. Am I in trouble?

Scott Scherr
Scott Scherr answered on Jun 15, 2021

You should have told the judge you received probation before judgment for another speeding ticket and when that occurred. The judge can pull your driving record. If you were in trouble, the judge would have told you right then and there. The judge usually pulls your driving record during your case.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can a 4th degree burglary charge in Maryland be expunged?
Scott Scherr
Scott Scherr answered on Jun 11, 2021

If you received probation before judgment, it can be expunged three years after the entry of the PBJ assuming that your probation has ended by that time.

Under a new law, a conviction can be expunged 10 years (pretty sure it is 10 years, but would need to check the statute) from the...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long before an emergency hearing will be held in Maryland for work comp after filing
Scott Scherr
Scott Scherr answered on Jun 3, 2021

When an attorney requests an emergency hearing, the Workers' Compensation Commission must first decide whether to grant it. If it is granted, the hearing will usually take place in 30-60 days, but it varies.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long does a doctor have to produce IME findings in Maryland
Scott Scherr
Scott Scherr answered on Jun 3, 2021

There is not time deadline for the IME doctor to produce his or her findings. Your attorney can request a copy of the report from the insurance company if it has been a while.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: What is a fta disposition?
Scott Scherr
Scott Scherr answered on May 25, 2021

If you failed to appear for a minor traffic offense such as speeding, your license may be suspended. You will need to clear up the issue to get your license reinstated.

If you failed to appear for a criminal matter or serious traffic offense, then there is a warrant out for your arrest. You...
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1 Answer | Asked in Criminal Law for Maryland on
Q: I was convicted of a 2nd. assault in 2013, I was sentenced 10 years, 5 years suspended and 5 years probation. I complete

everything in 2017. Could I still get a gun permit for employment. Law enforcement is all I really know.

Scott Scherr
Scott Scherr answered on May 20, 2021

A second degree assault conviction will disqualify you from owing a gun. You also cannot own a gun if you received probation before judgment for a domestic related second degree assault charge.

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