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Questions Answered by Scott Scherr
1 Answer | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You will need to divulge the convictions on all applications to the bar. The character committee will review your application and there may be an investigation to evaluate your fitness and character. The Committee then makes a recommendation to the Board of Law Examiners which could hold a formal... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: can I get my speeding ticket thrown out if the officer wrote the ticket to my old license.

My provisional license has a different identifier number to my drivers license. So in theory can the ticket get thrown out if the officer recorded my license number incorrectly.

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

No, this is not a defense to the charge. However, I would still recommend that you request a trial and not a waiver hearing. Sometimes the police officer does not appear. Even if the police officer does appear and you are convicted, the judge can offer probation before judgment which avoids the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I wait 18 months of my probation, is not getting a job a good cause of expungement even if the wait is 5-7years?

i already used my pbj. and now im with a 2nd degree assault. the arrest is the problem with the "attempted murder" when i had witnesses. no one will hire me. i dont trust the police now and i dont even trust my lawyer now.

Scott Scherr
Scott Scherr
answered on Dec 30, 2023

If you received probation before judgment, you can seek a "good cause" early expungement for second degree assault. It is a legitimate and valid reason to get an early expungement if you cannot find work. The decision will be up to the judge.

If you did not receive a PBJ, you...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My question before was if I can get my 2nd degree assault charge expunged before 7 years because the arrest was is terr

My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years...

In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Car was picked up by Manufacturer's roadside assistance towing service. Manufacturer lost car. Can I sue for lost car?

Manufacturer has told me it is on AAA. But I did not contract with AAA. I got text and voicemail from Major manufacturer stating they towed car to repair shop. But car never arrived. It has been 10 days and AAA told me to report it stolen. I never got my personal belongings. My insurance... View More

Scott Scherr
Scott Scherr
answered on Dec 12, 2023

It is unclear whether your car was lost or stolen. If AAA lost your car while towing it, they would be liable for the fair market value of your vehicle, plus 6% sales tax, and tags. You may also be entitled to a rental car for a limited period of time. I do not know how they could lose the car. AAA... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: How does an out of state first time DUI ( N.J) affect a Maryland driver. Specifically an interlock device
Scott Scherr
Scott Scherr
answered on Dec 11, 2023

If you are convicted of the DUI, Maryland will be notified and can suspend or revoke your license. They typically will offer the ignition interlock in lieu of a suspension or revocation. You would receive a letter from the MVA.

If you receive the equivalent of probation before judgment in...
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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Scott Scherr
Scott Scherr
answered on Dec 11, 2023

Unfortunately, you are entitled to recover the fair market value of your vehicle plus 6% sales tax and tags. If there is still a balance, gap coverage will pay the loan if you have it. Otherwise, you are responsible for any remaining balance.

Since you were injured, you should obtain prompt...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: For admin pe se refusal suspend indefinite on 3/19/21 do I need a lawyer didn't refuse blew

Have not received a court summons as of yet no infractions since then. Don't see DUI in case search

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

First, you should have a lawyer for a DUI. Judges take these cases very seriously especially for a refusal. It is a 12 point ticket that carries a year jail plus possible enhanced penalties for a refusal.

Second, the trial date would definitely have occurred by now for a 2021 ticket. It has...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: What to with a admin pe se refusal suspension. I didn't refuse to blow it's been a over year no court letter I no drivin

Have driven for 3 years car broke don't no infractions. Been paying bills don't understand

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

If you refused, it is a 270 day suspension for a first refusal and a 2 year suspension for a second refusal. The suspension begins the 46th day after your arrest. When the suspension is over, you must go to the MVA to get reinstated. Your driving record will tell you if you are eligible for... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

Download a complete copy of your driving record and it will tell you why your license is suspended. If you are unsure, e-mail a copy of your driving record to an attorney who will be able to tell you what to do.

As Mr. Oakley stated, your license can be suspended for 180 days or more if you...
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2 Answers | Asked in Criminal Law for Maryland on
Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More

Scott Scherr
Scott Scherr
answered on Nov 29, 2023

You will need to appear for the charges against you or a warrant will be issued for your arrest. You should have an attorney representing you. You should either retain private counsel or go to the Public Defender.

Your attorney can advise you of the best way to proceed which may mean...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: I parked my car in a legal area, I woke up in the morning to a citation left at 4:00 AM on my windshield for $100

Violation as listed: “Not displaying attached front and/ or rear tag”. Although the officer listed in the notes: “Front plate not attached on public roadway. photo taken”. I keep my front tag in my windshield but last night When it was cleaning before entering the house, i placed it in my... View More

Scott Scherr
Scott Scherr
answered on Nov 29, 2023

Maryland law requires that you affix tags to the front and back of your vehicle. You can request a timely request for a trial and request that the officer that issued the ticket be present. If they fail to appear, you should win. If you are convicted, the judge may cut you a break.

You...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My sister's boyfriend openly threatened me. He's an ex-marine and I believe he's serious, I don't know what to do.

I'm 36, recently graduated nursing school, moved back home with my mom and dad because it's close to the hospital I work at. My sister and boyfriend live in the basement. I got into an argument with my sister and her boyfriend who's an ex marine got involved and openly threatened me.... View More

Scott Scherr
Scott Scherr
answered on Oct 24, 2023

If the event occurred within the last 30 days, you may be able to file for a Peace Order. You should be aware that if you file a Peace Order, it is possible that he will file one against you. If the Peace Order is granted, he will be forced to leave the house.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If the school bus in front of me was moving and the bus across the street had flashing lights was I at fault?

I'm in the far right lane preparing to turn right and a school bus was going straight in the second lane. When the bus proceeded through the intersection I made a right turn from the far right lane. Am I at fault when the school bus on the opposite side of the road had flashing red lights? And... View More

Scott Scherr
Scott Scherr
answered on Oct 22, 2023

You must stop for a school bus even if it is going in the opposite direction unless there is a concrete median. It makes no difference that the bus in front of you did not stop. If a police officer gave you the ticket, request a trial within 30 days and go to court. It carries a large fine and... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How can I figure out what I am entitled to after an auto accident that was the other driver's fault?

I was driving a rental car that ended up on it's side. I was hurt but not seriously.

Scott Scherr
Scott Scherr
answered on Oct 7, 2023

You are entitled to factor in your medical bills, lost wages, pain and suffering, the nature of your injuries, and other losses. The value of your case can be impacted by many factors. There is not a formula.

Your best bet is to speak with an attorney. All attorneys take cases like this on...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Hello there I was pulling over by an officer for not having my license plate attached to the front of my vehicle

They towed my car, gave me a citation, but on the citation, it states that failure to attach vehicle registration plates at front and rear which is a lie because my back plate was attached. What should I do?

Scott Scherr
Scott Scherr
answered on Sep 29, 2023

This was a proper charge. The law states that your license plate must be attached to the front and back (both). Since it was not attached to the front of the vehicle, it violated the statute.

You have the option of going to court by requesting a trial. The police officer may not show up or...
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1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: A person owes me money and stated a family member would pay but neither has can I sue both of them?
Scott Scherr
Scott Scherr
answered on Sep 28, 2023

You may sue the person that owes you the money. Unless the family members guaranteed the debt to you (which has to be in writing), they are not obligated to pay you despite the fact that they later told you they would pay. The statute of frauds states that any guarantee to pay has to be in writing.

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