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Questions Answered by Scott Scherr
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.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: 2 questions: 1. Isn't Rt 26 in Sykesville a divided highway? 2. How long do you have from when the lights start?

I can't see who was driving but the question is still the same. Rt26 appears to be a divided hwy and at 40-45 MPH 4-5 seconds is short to react. Do we have any recourse?

Scott Scherr
Scott Scherr answered on May 10, 2021

“Divided highway” means a highway that is divided into two or more roadways by:

(1) An intervening space;

(2) A barrier; or

(3) A clearly indicated dividing section constructed to impede vehicular traffic.

Md. Ann. Code, Trans. Art., Sec. 11-113.

You can...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: I have old 1993 ticket for back side blasted back window n i still have pay to renew my license

Its i baltimore md

Scott Scherr
Scott Scherr answered on May 10, 2021

You would need to check with the MVA. If there is a flag on your license, they will not let you renew it. In addition, you can look up the charge on Maryland Judiciary Case Search to see if your license was suspended as a result of this. Eventually, you are going to have to deal with the ticket or... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: Was pulled over after a call of dui. Was parking and hit the car in front of me trying to fit in the parking space. Cops

Came and reached in my car to turn it off, did the HGN and arrested me. I am almost deaf so I didnt understand what they were saying with their masks on. They say I had slurred speech and a faint smell of alcohol on my breath. No breathalyzer test and they say I refused 2 and 1/2 hours after my... Read more »

Scott Scherr
Scott Scherr answered on May 7, 2021

There are potential issues on whether the test was offered within two hours of your arrest and whether you were properly explained your rights to take or refuse the test. It would be helpful if you informed the officer that you were almost deaf. Another issue would be whether the officer allowed... Read more »

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1 Answer | Asked in Contracts for Maryland on
Q: Ok my father in law recently passed away. Now he was the co signer on my car loan. I' would like to have my payments .

Reduced. What do I do? Thank you

Scott Scherr
Scott Scherr answered on Apr 28, 2021

I am very sorry for your loss. You would need to contact the lender to see if they will allow you to refinance the loan in your name alone with a reduced payment or refinance the loan with another lender.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Should I pay this ticket or fight it?

I recently received a Red light ticket while proceeding to complete a U-turn. As I crossed the line during the yellow arrow, the light quickly turned red and I was flashed. I was already in the process and in the middle of the street. I was driving my aunt's vehicle at the time and I... Read more »

Scott Scherr
Scott Scherr answered on Mar 19, 2021

If this was a camera ticket, you can just pay the $75.00 for the ticket. No points are assessed for camera tickets.

If you wish to fight the ticket, then your aunt would either need to go to court or call a number on the ticket and tell them you were the driver and she was not. They should...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is there a way to plead not guilty if officer saw me spinning wheels i havent recieved a ticker for 14 months

i havent received a ticker for over 14 months im at 7 points right now with this i think i will be at 8 and that will be a suspension i believe in maryland i am also a state inspector and will lose my job

Scott Scherr
Scott Scherr answered on Mar 14, 2021

I think you are indicating that you received a ticket for spinning wheels and that your last ticket was 14 months ago before that one. You should request a trial and not a waiver hearing within 30 days. If the police officer does not appear, you will be acquitted. If the police officer appears and... Read more »

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: What should I do for my speeding ticket?

My car was recently totaled in an automotive accident. I received a speeding ticket a while back. Another car was speeding over 100MPH but the way my car looks (show car for car meets) I got singled out and pulled over. I requested a trial/hearing to contest the ticket and I received my... Read more »

Scott Scherr
Scott Scherr answered on Mar 12, 2021

You still need to go to court. This is a 5 point ticket and paying it will affect your insurance if you get another vehicle and could lead to a suspension of your license depending on your driving record. If the police officer does not appear and you requested a trial, you will be acquitted.... Read more »

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