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Questions Answered by Scott Scherr
2 Answers | Asked in Divorce and Family Law for Maryland on
Q: what evidence is required to disprove that a verbal threat was made

I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.

Scott Scherr
Scott Scherr answered on Apr 2, 2022

The burden of proof is on your wife to prove that she is entitled to a Protective Order by a preponderance of the evidence. You can testify, call witnesses, and introduce evidence such as texts, e-mails, photographs, video, etc. You should consider retaining counsel for the final hearing.

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1 Answer | Asked in Criminal Law for West Virginia on
Q: I'm from Washington DC and have a warrant, how long do I have to turn myself in to custody?

The warrant is in West Virginia

Scott Scherr
Scott Scherr answered on Mar 29, 2022

You should repost your question to West Virginia attorneys by listing the location as West Virginia.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If there are five lanes with the middle being a turn lane the is this a divided highway

School bus is stopped in far right and I am in the far left, do I have to stop?

Scott Scherr
Scott Scherr answered on Mar 26, 2022

Yes, you have to stop. A divided highway is a road with an intervening space, barrier, or a clearly indicated dividing section constructed to impede vehicular traffic. A middle turn lane is not an intervening space.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I had a ticket back in 2017 which I had a lawyer for.. I have not been driving due my health and it open with bench
Scott Scherr
Scott Scherr answered on Mar 23, 2022

If there is a bench warrant, you should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and the case set for trial. The attorney can then defend you on the charges. You should reach out to the attorney... Read more »

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1 Answer | Asked in Domestic Violence for Indiana on
Q: Yes or no for if you where convicted of a domestic battery

I petitioned the courts in Oct 2021 and was awarded back my gun rights. My question is when I go to purchase a new firearm how do I answer the question about being convicted of a domestic violence.

Scott Scherr
Scott Scherr answered on Mar 23, 2022

If you were convicted of a crime of first or second degree assault and it was a domestic incident, then you were convicted of a domestic battery.

None of us know any details about your prior record. You should consult with a lawyer.

1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: Does a prior burglary 2nd degree not of homes disqualify you from getting home improvement license cases are 17 years ag

A maryland home improvment license

Scott Scherr
Scott Scherr answered on Mar 23, 2022

I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: What does it mean when the employer has withdrawn issues?

I has a hearing coming up that has been canceled because my old employer has withdrawn issues?

Scott Scherr
Scott Scherr answered on Mar 20, 2022

It means that they are no longer contesting the claim or issue that they raised in your case.

1 Answer | Asked in DUI / DWI for Maryland on
Q: I was pulled over for a DWI in Maryland in January 2021 with a .06 bac. Legal limits are .08. More than a year later..

I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?

Scott Scherr
Scott Scherr answered on Mar 19, 2022

If you have not been charged and citations have not been issued, there is nothing that an attorney can do since there is nothing to move to dismiss. If charges have not been filed by now, you will not be charged.

If citations were issued, then you have been charged and the statute of...
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2 Answers | Asked in Consumer Law and Collections for Maryland on
Q: Midland funding filed a suit in 2019 and the summons was just issued. I am just now being served a summons.

My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... Read more »

Scott Scherr
Scott Scherr answered on Mar 19, 2022

The statute of limitations is satisfied once the lawsuit is filed. So long as the lawsuit was filed within three years, the statute of limitations was satisfied. In addition, some contracts are under seal in which case the statute of limitations is 12 years.

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1 Answer | Asked in Contracts for Maryland on
Q: how is an expired default contract judgment dated 12.3.2009 be removed from the circuit court record
Scott Scherr
Scott Scherr answered on Mar 16, 2022

In general, civil claims and judgments cannot be expunged. Only civil citations can be expunged.

1 Answer | Asked in Consumer Law for Maryland on
Q: I'm was only nervous because they have the last 4 of my social security number and told me that I have 2 civil suits

pending against me. If I ask them for proof and they don't give it to me should I just block the number?

Scott Scherr
Scott Scherr answered on Mar 15, 2022

If you are being sued in Maryland, you can look up your cases on Maryland Judiciary Case Search. All civil lawsuits in state court should appear.

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello I'm reaching out to find out if I am being scammed

I received a call from two different companies about a debt that is not mine. How can I find out if I'm dealing with identity theft or a scam?

Scott Scherr
Scott Scherr answered on Mar 15, 2022

It very well could be a scam. Do not provide any personal information. Tell them to send proof of the debt by regular mail.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: if the bus driver did not flash red lights before putting out stop, is it best to pay for my ticket or request a plea?
Scott Scherr
Scott Scherr answered on Mar 6, 2022

If you were stopped by a police officer, then there are points and a high fine. You should request a trial and not a waiver hearing within 30 days. If the police officer fails to appear, you will be acquitted. If the police officer appears and you are convicted, the judge can offer probation... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Lawful to record phone call conversations with law enforcement without their prior notice or without permission?
Scott Scherr
Scott Scherr answered on Mar 3, 2022

No, this is a crime. You cannot record any phone calls without the consent of all parties.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I got charged with criminal littering it’s a first offense

If I go to court just myself will I be okay and not go to jail because I can’t afford a attorney?

Scott Scherr
Scott Scherr answered on Mar 2, 2022

It is unlikely that you would go to jail for this offense especially if you have no prior record. An attorney may be able to get the charge dropped in exchange for community service. You should reach out to the Public Defender if you cannot afford private counsel.

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1 Answer | Asked in Car Accidents for Maryland on
Q: Can you receive a PBJ and no points if charged with unsafe lane change that results in an accident? I was driving a CMV

Video shows me doing my due diligence to ensure there wasn’t a vehicle in my blind spot . I have a CDL

Scott Scherr
Scott Scherr answered on Feb 28, 2022

You can receive probation before judgment for a moving violation in Maryland. You need to request a trial within 30 days of the hearing and go to court. However, for CDL purposes, a PBJ can still affect your CDL since under federal law, PBJ's are the same as a conviction.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I was just released from prison and my driver's license expired while in jail.do I have to retake the tests

I was told a law was passed that if incarcerated you don't have to retake everything

Scott Scherr
Scott Scherr answered on Feb 25, 2022

I am not aware of this law, but it does not mean that it does not exist. Your best bet is to contact the Motor Vehicle Administration and ask.

1 Answer | Asked in Libel & Slander for Maryland on
Q: Is it still extortion if the threat is to press charges for an illegal act?
Scott Scherr
Scott Scherr answered on Feb 25, 2022

It is not extortion to say that you are going to press charges for harassment unless the person stops bothering you. It is extortion to say that unless the person pays you $50,000, you are going to file charges for harassment.

1 Answer | Asked in Federal Crimes for Maryland on
Q: Is Maryland will you go to jail for first offense felony, first degree assault with a deadly weapon at 16 years of age
Scott Scherr
Scott Scherr answered on Feb 23, 2022

You will need to speak with a lawyer. Discuss this with your parents and have them retain counsel for you. Whether you will go to jail depends whether or are charged as a juvenile or an adult, the type of weapon involved, the facts, possible defenses, the judge, and other factors.

2 Answers | Asked in Criminal Law for Maryland on
Q: can I expunge & shield a 20y old Nolle Prosequi? & how do I fill out the form for my Nolle Prosequi myself?

Or get cheap legal, if there is such a thing :) I was never arrested, it was one of the first internet "theft" charges, but it was not a theft, I had a sewing biz and was injured, I told them all their items would be delayed, they didn't like time frame, didn't want money back... Read more »

Scott Scherr
Scott Scherr answered on Feb 21, 2022

If all charges resulted in a nolle prossequi, then you can your record expunged. You should do so as soon as possible. Forms are online or you can hire an attorney.

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