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Richard Stefan Lurye
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Richard Lurye’s Answers

198 total


  • Can I get the interlock system installed after the suspension was given by the MVA judge?

    Long story short my mother was unaware of my duo and I had a hearing this week and informed the judge I could not afford the interlock system but when I told my mother she told me to get the interlock system and she will pay for it. I've contacted...

    Richard’s Answer

    Mr. Scherr is correct. However, you should examine the documents you were given at the MVA hearings very carefully. Sometimes, and administrative law judge will give you the alternative of installing the Interlock within a specified period of time in his order.

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  • My son is in juvenile detention can i be charged with abandonment for not going to court with him

    He is 15

    Richard’s Answer

    I would only add the following to Mr. Simmons very accurate and succinct answer. He is 15 years old and you have some risks of your own when you cannot prevent him from acting out and committing criminal violations. For example, if his juvenile actions result in the loss of life, property, or the earning capacity of another person, you can be ordered to make restitution to the injured person(s). You need to be in court to protect yourself as well as your child. Your absence will speak volumes to the court, which might be more forgiving to him because it misconstrues your absence as disinterest and not frustration. If you attend, you can address the court and ask the court to support your productive efforts to help your son make better choices. I wish you well.

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  • Should I look for a lawyer even before my court date?

    I received a citation for metro fare evasion on thursday 07/25/13 in montgomery county maryland. I have yet to recieve a letter from the court announcing my date. I called today and they said my citation has not even been registered yet. Should i ...

    Richard’s Answer

    Yes. Your attorney can show you how to proactively minimize your risks and prepare you to obtain the best result. Some proactive opportunities will require you to budget your time so that you can both help your case and fulfill personal and educational obligations. Waiting for a court date will increase your stress level as you face this challenge unassisted and your time to prepare and be proactive shrinks. I wish you well.

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  • How to reinstate license from maryland

    had dui 6 years ago as third dui from maryland And recently I had dui in Virginia 2 year ago. And I'm trying to reinstate MD license And I went MVA to check my PBJ or complete driving record , I was surprise that didn't see any record from Vir...

    Richard’s Answer

    If you are currently suspended or revoked in Virginia, you will not be issued a Maryland license. The forms you submit to the Maryland MVA in order to obtain reinstatement require you to state whether you are suspended or revoked in any other state. The forms are submitted under oath. This means that if you do not tell the truth you face prosecution for perjury and the license that may have relied on your false statement will be invalidated. You can check the status of your Virginia driving privileges by obtaining a Certified copy of your Virginia driving record.

    If your Complete Maryland Driving record, a copy of which is available from the Maryland MVA, is silent concerning your Virginia DUI, there are several reasons for that silence and some of those reasons can hurt you. The most likely reason is that you obtained a license in another State, such as Virginia, after you were revoked in Maryland and did not disclose your Maryland revocation at the time you obtained that license. As noted in the first paragraph, failure to make that disclosure creates additional risks to you and your efforts for reinstatement.

    Under your specific circumstances, your best option is to retain a Maryland attorney to assist you with reinstatement. He can help you determine your exposure for any mistakes you may have made in obtaining driving privileges elsewhere after you had been revoked in Maryland.

    If you do not believe you committed any misrepresentation, I apologize for raising the issue with you. However, the fact that you were revoked by Maryland after a third DUI six years ago, but were driving four years later in Virginia while still revoked in Maryland, strongly suggests that you obtained a license elsewhere after being revoked in Maryland.

    Get an attorney now to avoid any additional problems through self-help and to expedite your efforts to become reinstated. I wish you well.

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  • If I had my first DUI/DWi 10 years ago 2003, and just received my 2nd DUI/DWI 2013 will it count as my first DUI or 2nd in court

    Also will I have jail time,, I have four children at home ranging from 17 years - 3 months old. BAC this time was .018

    Richard’s Answer

    Mr. Athen's answer is correct and you need to retain an experienced DWI defense attorney now. You are focusing on a very small part of the problems you are facing. You are at serious risk whether or not this new arrest technically qualifies as a repeat offense for purposes of mandatory jail sentencing, enhanced sentencing, or pretrial suspension at the MVA level. The fact is that the Judge and the MVA will treat you as someone who has been proven to have committed this offense before and has come back to commit it again. Even if the trial judge is limited to sentencing you to only one year, the judge's default will be to sentence you in such a way that you must give your involvement with alcohol and driving your full attention. You need an attorney now to begin to explore the reasons for taking the same risks that you took ten years ago, to direct you to the types of actions that will show a judge you are committed to finding out why you repeated your behavior, and to investigate and prepare any defenses which might lower your risks at trial. I wish you well.

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  • My son is on probation for a DUI. He received a alcohol citation. Does he need to report this to his PO? What will happen?

    He has been on probation for 14 months with no problems. He has 10 more months.

    Richard’s Answer

    It is virtually a default condition of probation for a DUI/DWI case that the probationer not commit any new offenses for which he could receive a jail sentence. The only way that this would not be a condition of probation in Maryland is if the Judge crossed it out on the printed probation form that judges use to record the conditions of probation in a DUI case. In addition, the probation department will do a record search, shortly before the expiration of probation, to make sure that the probationer has not been charged with new offenses. Your son needs to contact an attorney at once, have the attorney review the probation order, and prepare your son to report the probation in a way which does not minimize your son's poor judgment. In addition, the attorney can help your son determine whether he needs to request increased alcohol education and take other actions to demonstrate to the court that your son is dedicated to avoiding any further alcohol violations. I wish him well.

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  • What will happens after I get caught shoplifting? Will I receive a fine or something in the mail?

    I was caught shoplifting under $50 of merchandise and I am not a juvenile. They took me to the back of the store and took down my information and had me sign a paper that said I was banned. A police officer was present and took down my name and ad...

    Richard’s Answer

    You need to talk with a criminal defense attorney promptly. It is most probably that you will be charged. Insurance companies often require that the store prosecute shoplifting cases as a condition of providing insurance coverage for such losses. In addition, you are likely to receive a civil demand letter from the store, requesting that you pay damages of up to three times the value of the item taken. Unless the civil demand letter specifically states that your payment is not an admission of guilt, your payment can be considered as evidence of guilt at your trial on the criminal shoplifting charge. Do not wait until the last minute, simply hoping that this problem will evaporate due to lack of interest by the store. Consult an attorney now. I wish you well.

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  • Can a False Statement felony be removed from your record?

    First Time offense. 12 years in the U.S navy

    Richard’s Answer

    You cannot appeal a conviction for a felony. However, you may still be eligible to convert your conviction into Probation before Judgement, which can be expunged, if you act very promptly. Consult with a criminal defense lawyer now to determine if there is still time for you to file for a motion (request) for modification of your conviction to Probation before Judgement, or to appeal your conviction to the Circuit Court (assuming that the original conviction took place in District Court). If you receive Probation Before Judgement by Modification or Appeal, you may still have a path to expungement once your probationary period is served successfully. This is a bit of a simplification because you may have to wait an additional time period, following the expiration of your probation. But you need to act quickly, by discussing your case with an attorney today, to find out if you are already time barred, or soon to become time barred, from obtaining the relief I've described. I wish you well.

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  • How can I review my criminal history to see if my DUI will appear on a background check?

    From 2006

    Richard’s Answer

    You have asked whether a DUI from 2006 will appear on a background check. If you were convicted of DUI, It almost certainly will. A court conviction does not leave your record solely due to the lapse of time. However, if you were placed in a diversion program and completed the program successfully, you may not have a conviction. Contact the court where you were prosecuted for DUI, call the Clerk of the Court, and ask for the disposition. If you are confused by the Clerk's answer, simply ask whether the disposition was a conviction and whether it is still recorded as a disposition in the Court's records. I wish you well.

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  • I have 5 years of probation for 3 dwi's 3.5 years ago can I ask judge to drop probation

    I am on SSi as a result of being hit by a car. This person had no insurance. I am having a hard time paying probation fees while being on just ssi of 710.00 a month. I am disabled now. cannot work. My probation officer of 3 years has said tha...

    Richard’s Answer

    You state that you are on probation for 5 years because you committed 3 separate DWI's three and one half years ago and that the probation fees have become a burden. You ask whether a judge would grant a motion to end your probation. You should retain an attorney. Given that you had three separate DUI charges, it is unlikely that a Judge would simply end probation. However, the Judge might be willing to adjust the probation fees, or waive them, due to your financial circumstances. You should contact an attorney who regularly practices in the court that placed you on probation, and arrange a consultation to discuss this issue in more detail and for fact specific legal advice. I wish you well.

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