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Questions Answered by Scott Scherr
1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested for a hand gun charge but was found not guilty of the charge will that effect a job
Scott Scherr
Scott Scherr
answered on Feb 2, 2023

An acquittal of all charges should not affect your job. You should get your record expunged right away. Depending on your job, you may wish to get a true test copy of the disposition first.

2 Answers | Asked in Divorce for Maryland on
Q: I co-signed my husband's car, and he refuses to pay for it and is hiding it. He now said he abandoned it. What do I do?

Could the judge do anything about the bank coming after me for the car loan?

Scott Scherr
Scott Scherr
answered on Feb 1, 2023

You remain liable for the car loan. The judge will not allow that as a defense. Your husband may be liable to you for the money that you pay for the loan.

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: In MD, school bus' flashing lights came on while I was next to it headed in the opposite direction. Can I fight ticket?

I received a ticket (Maryland State 21, Subtitle 7 of the Transportation article violation) for driving past a stopped school bus with flashing lights and the stop sign extended in PG County, MD. I was on a two-lane road, going in the opposite direction from the bus. Looking at the footage, the... Read more »

Scott Scherr
Scott Scherr
answered on Jan 22, 2023

You should request a trial and go to court. The judge will watch the video and you can testify to what happened. The judge will decide the case. If it was a camera ticket (as opposed to being stopped by a police officer), then there are no points assessed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I changed lanes safely in front of a vehicle with flashing lights. I thought I was using the proper distance and I made

a lane change. I was stopped by highway police. Not understanding why?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

If you received a traffic ticket, you should request a trial within 30 days of the ticket and go to court. If the police officer does not appear, you would be acquitted. If the police officer appears, you can have a trial. Even if you are convicted, the judge can offer probation before judgment... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the consequences of destroying a hotel room? Broken mirror, broken picture, broken tv

Will the hotel charge money for the damages or will there be criminal charges pressed?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

There is a possibility that criminal charges will be filed for malicious destruction of property in addition to a claim for damages for the belongings destroyed. There is no way to be sure whether criminal charges will be filed.

2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Scott Scherr
Scott Scherr
answered on Jan 17, 2023

There are cases that hold that it is enough to search your car. The cases distinguish between the search of your car during a traffic stop and the search of your person when you are in a store. Of course, the issue turns on the facts of the stop and you should discuss that with an attorney.

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2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I have a pending assault trial coming up. What does “request for check” mean as it’s the latest thing on the case search
Scott Scherr
Scott Scherr
answered on Jan 11, 2023

I have never seen that before. Check with your attorney. If you are not represented by counsel, you can call the Clerk's office to inquire.

It sounds like someone is requesting a check to make a payment for a service.

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: Under 21, 1st offense, under 10 grams Marijuana, Maryland, do I need an lawyer?
Scott Scherr
Scott Scherr
answered on Jan 7, 2023

It is a civil citation and not a criminal charge. You cannot be sent to jail. Since you are under 21, the judge can order you to a drug treatment or education program.

An attorney may be better able to raise technical defenses such as insisting the State be able to prove the substance was...
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1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Scott Scherr
Scott Scherr
answered on Jan 2, 2023

Jail is unlikely for a first time offender. An attorney can probably keep a conviction off your record. You should retain private counsel or go to the Public Defender.

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2 Answers | Asked in Collections for Maryland on
Q: Hi currently my wages are being garnished. What can I do to have the payments lessened?

I'm experiencing a financial hardship due to this garnishment. How can I request to have the payments lessened so that I can maintain my other financial obligations?

Scott Scherr
Scott Scherr
answered on Dec 30, 2022

You should speak with a bankruptcy attorney to see if bankruptcy is an option for you.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is conspiracy to assault first degree a non violent misdemeanor?
Scott Scherr
Scott Scherr
answered on Dec 28, 2022

First degree assault is a felony and a crime of violence.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi I thought I have a felony but when I look my case up it say this: CJIS Code:CONVERTEDCODE , charge class misdemeano

Charge Description- CDS MANUFACTURE/DISTRIBUTE-NARCOTIC; CJIS#: 20696

Charge Class: converted degree

Scott Scherr
Scott Scherr
answered on Dec 28, 2022

This charge is a felony. If it says it is a misdemeanor on Maryland Judiciary Case Search, this is an error.

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1 Answer | Asked in Car Accidents for Maryland on
Q: If driving on a two-lane bridge with no median and youre in an accident, keep driving until youre off it, or pull over?

I recently saw a dashcam video where an individual was driving on a two-lane bridge (with no median or place to pull over) on the left-hand lane when a car cut them off from the right lane merging into their lane. They hit the car and swerved right, continuing to drive. Would that be a hit-and-run?... Read more »

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

The person is supposed to pull over to a safe location so as not to impede traffic and then stop. If the person does that, it is not a hit and run.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My son is in Baltimore Jail on Criminal charges since October without public representation.

He's had a postponement but has not talked to anyone. What can he do?

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

He should either retain private counsel or the Public Defender if he cannot afford a private attorney.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If i got a Traffic violation ticket in a company vehicle during business hours, do I have to pay the ticket? State MD
Scott Scherr
Scott Scherr
answered on Dec 20, 2022

If your name is on the ticket, then it is your responsibility. If you fail to take care of it, your license will be suspended.

Now, if it is a moving violation, do not pay it. Request a trial within 30 days and go to court. You do not want to receive points on your license.

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3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... Read more »

Scott Scherr
Scott Scherr
answered on Dec 16, 2022

If you cannot retain private counsel, contact the Public Defender as soon as possible. Jail is unlikely for a first time offender. An attorney will likely be able to keep a conviction off your record. You should be prepared to make restitution which will be required and also go a long way to... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: I had a criminal conviction for theft 30 years ago can that conviction be vacated and expunged so I can travel.

I am now 68 and really would like to travel out of the country. My spouse who is an immigration attorney advise me that we may run into issues with this conviction. I served 90 days in a work release program at the time and completed all issues surrounding the conviction. In recent conversations... Read more »

Scott Scherr
Scott Scherr
answered on Dec 12, 2022

Even felony theft convictions can be expunged in Maryland now after a 15 year waiting period if you are otherwise eligible for expungement.

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