Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Scott Scherr
1 Answer | Asked in Traffic Tickets for Maryland on
Q: In MD, school bus' flashing lights came on while I was next to it headed in the opposite direction. Can I fight ticket?

I received a ticket (Maryland State 21, Subtitle 7 of the Transportation article violation) for driving past a stopped school bus with flashing lights and the stop sign extended in PG County, MD. I was on a two-lane road, going in the opposite direction from the bus. Looking at the footage, the... View More

Scott Scherr
Scott Scherr
answered on Jan 22, 2023

You should request a trial and go to court. The judge will watch the video and you can testify to what happened. The judge will decide the case. If it was a camera ticket (as opposed to being stopped by a police officer), then there are no points assessed.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I changed lanes safely in front of a vehicle with flashing lights. I thought I was using the proper distance and I made

a lane change. I was stopped by highway police. Not understanding why?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

If you received a traffic ticket, you should request a trial within 30 days of the ticket and go to court. If the police officer does not appear, you would be acquitted. If the police officer appears, you can have a trial. Even if you are convicted, the judge can offer probation before judgment... View More

2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law for Maryland on
Q: In the state of Maryland is the smell of weed a reason to search my car
Scott Scherr
Scott Scherr
answered on Jan 17, 2023

There are cases that hold that it is enough to search your car. The cases distinguish between the search of your car during a traffic stop and the search of your person when you are in a store. Of course, the issue turns on the facts of the stop and you should discuss that with an attorney.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: Under 21, 1st offense, under 10 grams Marijuana, Maryland, do I need an lawyer?
Scott Scherr
Scott Scherr
answered on Jan 7, 2023

It is a civil citation and not a criminal charge. You cannot be sent to jail. Since you are under 21, the judge can order you to a drug treatment or education program.

An attorney may be better able to raise technical defenses such as insisting the State be able to prove the substance was...
View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Scott Scherr
Scott Scherr
answered on Jan 2, 2023

Jail is unlikely for a first time offender. An attorney can probably keep a conviction off your record. You should retain private counsel or go to the Public Defender.

View More Answers

2 Answers | Asked in Traffic Tickets for Maryland on
Q: If i got a Traffic violation ticket in a company vehicle during business hours, do I have to pay the ticket? State MD
Scott Scherr
Scott Scherr
answered on Dec 20, 2022

If your name is on the ticket, then it is your responsibility. If you fail to take care of it, your license will be suspended.

Now, if it is a moving violation, do not pay it. Request a trial within 30 days and go to court. You do not want to receive points on your license.

View More Answers

3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... View More

Scott Scherr
Scott Scherr
answered on Dec 16, 2022

If you cannot retain private counsel, contact the Public Defender as soon as possible. Jail is unlikely for a first time offender. An attorney will likely be able to keep a conviction off your record. You should be prepared to make restitution which will be required and also go a long way to... View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: Could a first offender petty theft crime be treated as an infraction in MD rather than a misdemeanor
Scott Scherr
Scott Scherr
answered on Dec 12, 2022

In Maryland, all crimes are either misdemeanors or felonies. There is no such thing as an "infraction." However, in some cases, the State will agree to drop the charge in exchange for community service. You should retain counsel to represent you.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... View More

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: Maryland- is it illegal for apartment complex to not give out their insurance info when their vehicle is involved?

Called the police, and got the insurance from the third parties company (contractor is hired as a third party). When asking the district manager for the insurance and they refused to give us the insurance even though his happened with their vehicle in the parking garage they supply for tenants. Is... View More

Scott Scherr
Scott Scherr
answered on Nov 5, 2022

Anyone involved in a motor vehicle accident must give their insurance information to the other driver. It is the other driver that has that responsibility. It sounds like you obtained the insurance information on the vehicle. If not, your insurance company can run the tag and obtain the insurance... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My son has been locked up for 30 days for domestic violence,he has a job and no bail hearing
Scott Scherr
Scott Scherr
answered on Nov 3, 2022

If he has not had a bail review hearing, he can hire private counsel or contact the Public Defender to file a motion for a bail review. If that is denied and the case is in the District Court, he may be able to file a Petition for Habeas Corpus in the Circuit Court.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can I dispute the ticket for a School Bus Monitoring Violation?

I was right in front of the bus on the other side of the road when the stop sign of the school bus starts to flash. There were cars behind me and if I make a sudden stop the car behind me would hit me. The video shows the car behind me had not stop too. It was 7:23 am on a two way road on a morning... View More

Scott Scherr
Scott Scherr
answered on Nov 1, 2022

You can request a trial and go to court. If it was a camera ticket, the judge can watch the video and you can testify. The judge will decide whether you had time to stop.

If a police officer gave you a ticket, you should definitely request a trial and go to court since this ticket carries...
View More

2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Scott Scherr
Scott Scherr
answered on Oct 26, 2022

The case is open because it has not been resolved. There is a warrant for the Defendant's arrest. The Defendant should hire an attorney to file a motion to recall the warrant. If the warrant was for missing a court date, it can probably be recalled.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: What does it meant when a defendant is sentenced to returned statute of limitations for deposit account fraud?
Scott Scherr
Scott Scherr
answered on Oct 25, 2022

The question cannot be answered. The statute of limitations is a time deadline to file a civil lawsuit or criminal charges. It has nothing to do with sentencing. You can contact an attorney to provide more information to get an answer to your question.

View More Answers

1 Answer | Asked in Traffic Tickets for Maryland on
Q: The ticket was for driving on suspended liscence after I called dmv they say my liscense wasn’t suspended
Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should get a certified, complete copy of your driving record. This will prove that your license was valid on the date of the incident.

1 Answer | Asked in Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear Jul 29 2022 for a ticket of driving on suspended license.

Filed a motion to recall and reschedule court date and motion was denied. What do i do next?

Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should hire an attorney to file a motion to recall the warrant. It is more likely to be granted if filed by an attorney since it shows you are serious about the case. Make sure you get your license reinstated as well.

2 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear for traffic violation on July 29 2022. Didn’t know about the court date.

The ticket was for driving on suspended liscence after I called dmv they say my liscense wasn’t suspended

Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should hire an attorney to file a motion to recall the warrant. These motions are usually granted if filed by an attorney. You also need a certified copy of your complete driving record to show your license was valid on the date of the incident. You can get this from the MVA online or in person.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.