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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.

3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what... View More

Scott Scherr
Scott Scherr
answered on Mar 28, 2024

You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: I had an accident last year can I sue and can they fire me
Scott Scherr
Scott Scherr
answered on Mar 17, 2024

If you were injured on the job, you can file a claim for workers' compensation. You cannot sue your employer in court. Workers' compensation is your exclusive.

It is illegal to fire someone for making a workers' compensation claim under Maryland law.

1 Answer | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: I had citation # TA-21-707(a). I couldn't stop at a red light because it was raining and the asphalt was wet, and as a

My car is SEMI TRUCK. commercial vehicle. Driver licenses located VA. Accident location MD HARFORD COUNTY

Scott Scherr
Scott Scherr
answered on Mar 10, 2024

You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi. I received a 3 yr PBJ after pleading guilty to a DUI first offense. I am compliant with the terms.

I have motioned to end after a year. I completed an alcohol abuse program prior to the date and have remained sober as requested by the judge in his order for the plea deal. I have motioned to end the probation after a year. I currently work out of state and want to move. Since I was conciliatory... View More

Scott Scherr
Scott Scherr
answered on Feb 24, 2024

It depends on the judge. Some judges will convert your probation to unsupervised. Other judges will make you stay on supervised probation the entire time. I would not expect the judge to completely end your probation early for a DUI, but unsupervised probation means you do not have to report or pay... View More

2 Answers | 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

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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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