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Questions Answered by Scott Scherr
2 Answers | Asked in Civil Rights and Constitutional Law for Maryland on
Q: What actions to make when judge and attorney makes a decision without defendants permission to a speedy trial?

Not letting the defendant know that his right to a speedy trial was waived also not violating any rights he may have? He’s been incarcerated for a year and 3months. 6 months in a federal facility without a single court date. Just found out that his right to a speedy trial was signed off on... Read more »

Scott Scherr
Scott Scherr
answered on Oct 11, 2022

The judge decides all issues related to a speedy trial including whether your constitutional right to a speedy trial has been violated. The judge does not need your permission. The judge also decides whether a case will be postponed. You may be able to appeal the decision, but the judge has a lot... Read more »

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3 Answers | Asked in Workers' Compensation for Maryland on
Q: Can I drive for UberEATS while collecting workers comp for a dog bite to the wrist? Injury sustained on 6/28/21

Surgery was 3/9/22

Scott Scherr
Scott Scherr
answered on Oct 7, 2022

If you start working while receiving temporary total disability, then you must notify the workers' compensation carrier immediately and your checks will stop. You are not entitled to temporary total disability if you are working. You should be with an attorney about your workers'... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: What does improperly use of equipment mean in Maryland?

I received a speeding ticket June 2021 in Virginia during an emergency! I live in Maryland. I went to court for that ticket and explained the situation too the judge, and he dismissed the case! I find out today that I have a non violation on my driving record for improper use of equipment in... Read more »

Scott Scherr
Scott Scherr
answered on Oct 6, 2022

It could be an error. You should go to the Clerk's office and have them pull the file. The judge makes a handwritten decision and you can see it.

Of course, I am assuming that you are saying that you went to court for the improper use of equipment charge in Maryland and it was...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: What does improper use of equipment mean in the state of Maryland?

I received a speeding ticket in Virginia during an emergency! I went to court in Va and the judge dismissed all charges and I paid the court fine! I find out today I have a non- speeding violation on my driving record in Maryland for improper use of equipment in Maryland. I do not understand! How... Read more »

Scott Scherr
Scott Scherr
answered on Oct 6, 2022

It is impossible for any of us to know the reason the police officer issued the citation. You can request a trial within 30 days of the ticket 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.

Do not request a...
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1 Answer | Asked in Criminal Law for Maryland on
Q: An investigator for the state came to my job questioned me. Threatened my job and child if I didn’t go to court

I was not involved in trial I was subpoenaed to. Investigator told me if I didn’t show and tell them what they want to hear he would personally arrest me at work and my child would be without me. I’m now paranoid and anxious because of this harassment. I showed up and they didn’t even need... Read more »

Scott Scherr
Scott Scherr
answered on Oct 6, 2022

If you have been subpoenaed to court, you must appear, testify, and tell the truth. Otherwise, the judge can find you in contempt. It is possible the judge can delay the trial and have the police bring you to court to honor the subpoena.

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Scott Scherr
Scott Scherr
answered on Oct 5, 2022

No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: I'm interested in becoming squatter as I'm homeless n my family over a yr now we have ssd coming in but it's not alot

we live in MD. is there a recommended how to book on becoming a squatter or information in steps I need to know to take.

Scott Scherr
Scott Scherr
answered on Oct 4, 2022

I am sorry for your situation. Squatting is illegal since you are trespassing and lawyers will not give you advice on squatting.

1 Answer | Asked in Elder Law for Maryland on
Q: My mother passed in March my sister in law was power of attorney until her passing mom had no will

No executor of her estate my brothers and I haven't spoken since her passing how do I find out if they filed her estate in probate court.

Scott Scherr
Scott Scherr
answered on Oct 4, 2022

I am sorry for your loss. You can check online here:

http://registers.maryland.gov/main/search.html

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is there a right to a speedy trial for a traffic violation (running a red light)? It has been 2 years and no court date

I was told a traffic camera shows I did not stop at a red light. I have requested a court date however it has been over 2 years and a court date has not been set. Can I request the violation be dismissed due to the length of time for a court date? This is in Maryland, Prince Georges County

Scott Scherr
Scott Scherr
answered on Oct 4, 2022

You can make a speedy trial argument, but you are supposed to demand the speedy trial for the clock to start ticking on your speedy trial rights. Having said that, there is no harm in making the argument. Any delays brought on by Covid will be excused.

2 Answers | 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.

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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...
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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...
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