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Questions Answered by Scott Scherr
1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How long a promissory note can be in effect in the State of Maryland before it can be voided?

I recently did a promissory note with my HOA that I would like to cancel.

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You would have to review the promissory note to see if there is any language allowing you to rescind it. There probably is not. A promissory note is a binding contract. You can have an attorney review it to see whether anything can be done.

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: About final checks

I was fired from my work (local restaurant). And to be paid we are handed in person paychecks. I still don't have my final paycheck because I am scared of talking to my former bosses. It has been around 4 months now since my termination and i was wondering, how long are they required to hold... View More

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You should e-mail your former employer and request that they mail you your check. Give them your current address.

1 Answer | Asked in Criminal Law for Maryland on
Q: Was looking to find the timeline on when I would be able to apply for expungement in maryland and if possible a gov pard

Was convicted of CDS - POSS. OF FIREARMS 1 0692 on 11/01/2017 Sentence/disposition 05/09/2018 for 3 Years

Happened in Maryland

Previous felony conviction in 2016

ATT-CDS DIST-NARC

Scott Scherr
Scott Scherr
answered on Sep 23, 2023

Firearm convictions cannot be expunged. A probation before judgment can be expunged three years from the end of probation. You should run this by an attorney so they can look up the exact charge.

Anyone can ask for a pardon, but not many are granted.

2 Answers | Asked in Constitutional Law for Maryland on
Q: Is there a Maryland statute for non commercial licensing on drivers or automobiles or are all based on commerce?

Right to travel without licensing, not in commerce.

Scott Scherr
Scott Scherr
answered on Sep 22, 2023

All drivers in Maryland must be license. No one has the right to drive. It is a privilege and illegal for anyone to drive without a license.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: A friend gave me a tag to put on my car to keep it parked in parking lot of my home. Come to find out it was a stolen

Tag. I did not know it was stolen. What's going to happen to me

Scott Scherr
Scott Scherr
answered on Sep 15, 2023

If you have been charged with a crime, you should retain counsel to represent you. If not, you need to remove it from your vehicle right away. You should seek legal advice about what to do with it.

1 Answer | Asked in Probate for Maryland on
Q: I am the personal representative of my uncle's estate. He was my father's brother.

All of his siblings have predeceased him. The only remaining living relatives are his nieces and nephews. He had a will and me and my brothers are the only beneficiaries named in the will. There are many cousins that I have never met and some I do not even know exist. Do I need to list every single... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should retain an attorney to handle the estate. They will have more resources to track these people down. It may require hiring an investigator.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: I Recently got a car and when I was trying to get a tag from the MVA I was having some trouble with it because of my

Seller giving me a fake bill of sale. While waiting for the investigation to be completed so I can register the car and get a tag my temporary tag was expiring. I ask the MVA if they could issue me a new temporary tag will waiting but they told me they can't. I make the wrong decision to... View More

Scott Scherr
Scott Scherr
answered on Sep 5, 2023

These charges carry possible jail time. You should retain an attorney to represent you. Do not pay any of the tickets. An attorney should be able to keep you out of jail if you have no prior record.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: after being found not guilty for speeding. can a judge say "slow down" after, as if I'm guilty of speeding.

the officer was no show. I was asked to enter a plead. of course I said not guilty. immediately after being found not guilty, the judge made a comment on the record and advised me to slow down. I thought judges are supposed to be unbiased, partial, etc..I am serious thinking to file a complaint... View More

Scott Scherr
Scott Scherr
answered on Aug 31, 2023

The judge was not biased. He found you "not guilty." Judges tell people to slow down all the time when the police officer does not appear for a speeding ticket. Do not take it personally.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can the police hit the car I am driving, while I’m sitting at a red light, then arrest me as a suspect in a past crime?

Iwas stopped at red light, on the city side of the Baltimore City/Baltimore County line

Scott Scherr
Scott Scherr
answered on Aug 13, 2023

If there is a warrant for your arrest, they can take you into custody. It makes no difference that they rear ended your car.

1 Answer | Asked in Consumer Law for Maryland on
Q: What are my rights regarding car repair under warranty? Are no spare parts available or a timeline?

My car has failed and is still under warranty (bought new on January 2021, 32 months now, and has 19,900 miles). The dealership and manufacturer cannot find the spare part, and the car is still with the dealership for a week now. They cannot provide a timeline for this spare part and refuse to... View More

Scott Scherr
Scott Scherr
answered on Aug 10, 2023

A warranty is a contract. You will need to review the terms of the warranty. It will state the manufacturer's obligations to you including whether they have to provide a loaner.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hello how can I find a pro bono lawyer in Baltimore Maryland
Scott Scherr
Scott Scherr
answered on Aug 10, 2023

You can contact Maryland Volunteer Lawyer Referral Service or your local bar association.

1 Answer | Asked in Criminal Law for Maryland on
Q: So I am currently on probation and my only condition of probation is to comply with mental health read the extra details

I have to report weekly and my psychiatrist wrote a letter due to my medication not being adjusted correctly and hearing voice and seeing things and impulse control to excuse me from reporting and just doing video calls instead because she wants to make sure I am safe and not at risk and probation... View More

Scott Scherr
Scott Scherr
answered on Jul 30, 2023

The only way to modify your probation is to file a motion with the court and ask the judge to modify it.

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Scott Scherr
Scott Scherr
answered on Jul 28, 2023

It really depends on the facts of the case. If the police were able to get a search warrant, they would have to state the reasons why they were entitled to search the car. You would have to discuss these legal issues with a lawyer in a confidential setting.

1 Answer | Asked in Contracts for Maryland on
Q: My boyfriend died of a drug overdose in my apartment. They are now kicking me out. Is this legal

He is not a resident of the apartment just was staying over

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

I am sorry for your loss. It depends on the language of your lease. You would need to review the terms of your lease.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How do I fight a DC cam ticket where I supplied evidence I was not there? They closed this but put it into collections.

In Oct '22 I received a speed camera ticket from the DC DMV (I am a MD resident). The issue is that I was definitively NOT on the road at the timestamp on the ticket but in with a doctor, which was verified with a written letter from him. This letter and my disagreement with this ticket was... View More

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

You may want to repost your question to DC attorneys by listing the location as DC.

1 Answer | Asked in Uncategorized for Maryland on
Q: Of I bought my girlfriend a car and she don’t transfer everything over to her name what do I do we are ending it
Scott Scherr
Scott Scherr
answered on Jul 24, 2023

If the car is only titled in your name, you can sign the title over to her. She has to agree to retitle the car in her name.

If there is a loan on the car and your name is on the debt, the bank is not going to allow your name to be removed from the debt. She would need to refinance the car...
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1 Answer | Asked in Medical Malpractice for Maryland on
Q: I live in Maryland and have a possible medical malpractice suit in Virginia. Looking for guidance.
Scott Scherr
Scott Scherr
answered on Jul 11, 2023

You would need to consult with a Virginia attorney. Use the "Find a Lawyer" function to locate a medical malpractice attorney in Virginia.

1 Answer | Asked in Criminal Law for Maryland on
Q: would i be able to restore my gun rights having suffered a 1978, 2nd degree robbery conviction in new york

I have moved to maryland, gotten married in 1981, raised 3 children and owned and operated a jewelry store for 40 years and now retired and have not run afoul of the law since the conviction

Scott Scherr
Scott Scherr
answered on Jul 10, 2023

If this was a felony or a misdemeanor that carries a statutory penalty of more than two years in jail, then a conviction would disqualify you from owing or possessing a firearm in Maryland.

2 Answers | Asked in Civil Litigation, Small Claims and Real Estate Law for Maryland on
Q: Are there traffic laws in the State of and/or Montgomery County Maryland that govern double parking?

townhouse parking development-each house assigned two spaces. neighbor allows visitors to part behind her parked cars-causing two way road to be blocked

Scott Scherr
Scott Scherr
answered on Jul 10, 2023

It is illegal to park so as to block a public road. Perhaps you can talk to your neighbor about it.

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2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Scott Scherr
Scott Scherr
answered on Jul 1, 2023

It means no contact in person, by phone, text, e-mail, social media, or any other means. It also usually means not contacting a third party to get a message to the person. He should review the terms and conditions of his release for more information.

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