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Questions Answered by Scott Scherr
1 Answer | Asked in Probate for Maryland on
Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?

No will, only verbal designation. Deceased resident of Albuquerque New Mexico

Scott Scherr
Scott Scherr
answered on Sep 29, 2022

You need to ask an attorney in New Mexico. This is where the Will will be probated.

1 Answer | Asked in Civil Rights for Maryland on
Q: When pulled over in Maryland, do I legally have to hand the police my ID or can I simply show it through the window?
Scott Scherr
Scott Scherr
answered on Sep 27, 2022

Md. Ann. Code, Trans. Art., Section 16-112 states that each driver of a motor vehicle shall display the license to any uniformed police officer who demands it. It goes on to state that this is satisfied only if the officer is able to access the verification system. I read this to mean that you have... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: I wanted to know how do I file a lawsuit against a jail that is holding someone unlawfully

My boyfriend has been in jail since March and his 8th amendment is being violated

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Your boyfriend should hire counsel or contact the Public Defender to see if anything can be done to procure his release such as filing for a writ of habeas corpus. You cannot file a lawsuit on his behalf. Only an attorney can file on behalf of another individual.

1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a public building require you to show ID to enter?
Scott Scherr
Scott Scherr
answered on Sep 15, 2022

There is nothing illegal about requiring identification to enter a public building. It helps provide security in case something happens.

1 Answer | Asked in Car Accidents for Maryland on
Q: will my insurance be impacted if i got into an accident with a friends car

we already have everything figured out talked to the persons car that got hit and my friends car and insurance has told my friend that i’m at fault and his insurance will be penalized but now i’m wondering if mine will be even though i my personal insurance never got involved

Scott Scherr
Scott Scherr
answered on Sep 13, 2022

It could affect your rates. Insurance companies usually ask if you have had any accidents in the last three years when you renew and they may have access to the information anyway when they go to renew.

1 Answer | Asked in DUI / DWI for Maryland on
Q: My son has a virtual hearing for DWI in New Jersey. Is this a trial date? Or a preliminary hearing? Will he need a law

Will he need a lawyer for this hearing?

Scott Scherr
Scott Scherr
answered on Sep 12, 2022

You will need to ask a New Jersey attorney this question. Repost your question to New Jersey attorneys by listing the location as New Jersey.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: On the night my son was arrested I wrote a statement against him and now they want me to testify against him.

Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.

Scott Scherr
Scott Scherr
answered on Sep 9, 2022

In Maryland, there is no privilege that prevents a parent from testifying against his or her child. You can be compelled to testify against him. The rule that you cite is not a Maryland rule.

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Can i go inside the bank with my ID if i have a bench warrant
Scott Scherr
Scott Scherr
answered on Sep 7, 2022

It is unlikely you would be picked up on a bench warrant by going into a bank, but you never know. There are no guarantees.

Your best bet is to consult with an attorney to see if the warrant can be recalled. In some cases, an attorney can file a motion to quash a warrant.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: If someone is being harassed online to extent of having the Amazon wish list stalked what can they do?
Scott Scherr
Scott Scherr
answered on Sep 6, 2022

Can they see your Amazon wish list without having your login information? I recommend changing your password on your Amazon account.

If someone is harassing you, you can file for a Peace Order. You can research what is necessary to get a Peace Order and the elements of harassment. Note...
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a search and seizure warrent br valid if they put someone else's charges in warrent that were over 10 yrs old

They pretty much obtained a warrent by hear say and pci and someone who dropped a car off by her old charges

Scott Scherr
Scott Scherr
answered on Sep 6, 2022

You would need to consult with a lawyer to discuss the details of the situation in a confidential setting. Warrants are always based on hearsay and there is nothing wrong with that.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If the police officer does not show or the state does not provide a witness since the police officer did not witness

Did not witness the accident or me traveling in the vehicle at all. Can I ask the judge to dismiss

Scott Scherr
Scott Scherr
answered on Sep 1, 2022

If there are no witnesses to the accident, plead not guilty and the judge should find you not guilty. Even if the police officer appears, that is not enough if the officer did not see the accident and there is no other evidence.

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1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: I was prescribed medical marijuana and want to know can the courts lock me up because I am on parole and probation?

I was diagnosed with ptsd, depression,anxiety and insomnia. Please help

Scott Scherr
Scott Scherr
answered on Aug 31, 2022

You should discuss with your lawyer filing a motion to modify your probation to allow you to use your medical marijuana card.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What does KEYPOINTS 304-311 RECALLED 325-351mean?

It is a comment on a TNHO case the court date was 8/25/2022 were a possession judgement was entered in favor of the plaintiff. There was a stay of execution until 9/25/2022 as well. But I don’t know what that key point recalled means?

Scott Scherr
Scott Scherr
answered on Aug 30, 2022

A keypoint refers to a place on the recording where the trial begins. You would need to contact the Clerk's office to see what it means when it says "keypoint recalled." Unfortunately, there is no way to know from the entry.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I recently stayed at an Airbnb and am being wrongfully accused of smoking in the property. How do fight this?

Property owner has a “smoke detection” device and claims that smoke remediation was needed, which they are charging us for. Again, none of us smoke so this is impossible.

Scott Scherr
Scott Scherr
answered on Aug 25, 2022

If they attempt to charge your credit card, you should dispute the charge. If they try to bill you for it, you can refuse to pay it. If they sue you for it, you can have a trial to decide the issue.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Good morning! "Title 21, Subtitle 7 Transportation Article Maryland State Law, Transportation Article 21-706

A park school bus turned on its stop sign while I was in the middle of the bus and the camera caught me driving past. I did not have enough notification to know to stop

Scott Scherr
Scott Scherr
answered on Aug 25, 2022

I agree with Mr. Eidelberg except that if this is a camera ticket, it carries only a $250.00 fine and no points. There are no points for camera tickets.

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

1 Answer | Asked in Criminal Law for Maryland on
Q: Are cases of altering/ uttering a prescriptions eligible for expungement in Maryland? Happened around 1990-1991

Have had no charges nor arrest for 30+ years.

Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Yes, that should be able to be expunged 10 years from the end of the sentence or probation assuming all other criteria are met. The statute is now Section 5-620 of the Criminal Law Article of the Annotated Code of Maryland. Md. Ann. Code, Crim Proc. Art., Sec. 10-110 states that this section can... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

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