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Scott R. Scherr

Scott Scherr’s Answers

3,456 total


  • Should I get a lawyer?

    Hello, My parent and I have received the Writ of Summons as a third party defendant. Due to I did not received a policy renewal, I got into the accident uninsured and it is my fault. The driver and the passenger had neck injuries due to impact. I...

    Scott’s Answer

    You should hire an attorney that defends automobile accident cases to represent you and your parents. You should consult with a bankruptcy attorney as well especially if you have other debt. Good luck!

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  • Does a person w/ Nolle Prosequi disposition have to answer YES to criminal history question on a Government agency application?

    Does a person with a Nolle Prosequi disposition for an incident 5 years ago have to answer 'YES' to the following question on a Government application: "Have you ever been cited for, arrested, charged with, or convicted of any offense? E...

    Scott’s Answer

    Yes, because you were charged. You should indicate that the charges were nolle prossed. You should also get the charge expunged as soon as possible.

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  • I drove to Virginia to help my friend remove confederate statutes which poison his community

    the police from Virginia are now calling me asking for me to drive up there to talk to them about what happened to the statutes. do you think they are progressive cops who are gonna be understanding?

    Scott’s Answer

    Do not speak with the police. You should repost your question to Virginia attorneys by listing the location as Virginia or use the "Find a Lawyer" feature to locate an attorney in Virginia.

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  • How long does it take for criminal charges to be file?

    my friend told 2 or 3 weeks ago that he heard that criminal charges were being filed against me for assualt because of a fight i was in. I am wondering how long it takes for the charges to appear? I assume they coming in the mail, right, assuming...

    Scott’s Answer

    You can check Maryland Judiciary Case Search online to see if charges have been filed. Charges appear within a few days once they have been filed unless a warrant has been issued for your arrest in which case it will not appear until your are arrested. Here is the website:

    http://casesearch.courts.state.md.us/casesearch//inquiry-index.jsp

    You may receive a Summons in the mail to appear in court or you may be contacted by the police to pick up a Summons and be served with the charges. As mentioned, you can be arrested on a warrant if one was issued. Contact an attorney if you are charged to defend the case.

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  • Is it considered fraud if I purchased a car in Maryland that's was inspected by the dealer and its passed but it shouldn't have?

    I finance the car from CarMax that was inspected I drove the car for about 200 miles to get to my job and put it in the air and I realized that my rack and pinion was leaking badly in my transmission with leaking and I had a real bad rested up cat...

    Scott’s Answer

    Fraud requires knowledge of the defect and intentionally misleading you. It is very difficult to prove. Carmax provides a warranty and you should make a claim and have it fixed or return the car to Carmax if your contract allows you to do so.

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  • If I call to settle an account on my credit would it restart my sol

    Old debt I don't remember past sol

    Scott’s Answer

    If you acknowledge the debt or make a payment, it will restart the statute of limitations. You would need to be very careful here and you would be better off not calling if the statute of limitations has run.

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  • My 17yo son got a speeding ticket in MD. He was driving 76MPH in a 55MPH zone. College 8hrs away. Court or waiver hearing?

    My 17yo son got a speeding ticket in Queen Anne County, MD. He was driving 76MPH in a 55MPH zone. It is his first ticket. He leaves for college which is 8 hours away on 8/14. Should he return home during college and try to go to court? Or, should ...

    Scott’s Answer

    You should request a trial and not a waiver hearing. If you request a trial and the police officer does not appear, he will be acquitted. This is important if he is on a provisional license because a guilty finding or PBJ will result in driver improvement for a first offense, 30 day suspension for a second offense, and a 180 day suspension for a third offense and will start the 18 month waiting period over again.

    The judge can still give him the PBJ if he has not had a prior PBJ on a provisional should the officer appear which would avoid the points. Perhaps you can ask that the case be scheduled when he returns for winter break.

    Best of luck to you.

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  • I have a v.o.p in one state and have new charges in another state. What can I do?

    Hello, someone has made a statement against me to the local authorities about a crime she allegedly committed with me. Even though I know the statement are false because the time frames don't add up and it didn't happen the way she said it did. Bu...

    Scott’s Answer

    You need an attorney for both the VOP and the new charge. You will need an attorney in the appropriate State where the respective cases are. If your cannot afford private counsel, you should contact the Public Defender. Do not try to handle this yourself.

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  • How much responsibility does Sprint have to backing their devices?

    I purchased a phone from Sprint that is defective. They refuse to allow me to trade my phone in or give me a refund. It has been looked at by several technicians and I've spent hours trying to have this problem fixed. They send me to the insura...

    Scott’s Answer

    It depends on your contract with Sprint. If the contract states that they have to replace the phone, repair it, or give a refund, then they must do so. You may have a claim under the warranty with the manufacturer of the phone. Remember, Sprint does not manufacture the phones. Most phones come with a one year warranty. You also have a claim against the insurance company if you paid for insurance on the phone.

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  • Statute of limitations and tolling the statute of limitations

    I was charged with a crime (misdemeanor - simple assault) February last year in Virginia while my state of residency is Maryland. If I move to a different state like California, does this toll the statute of limitations? The charge was nolle pross...

    Scott’s Answer

    • Selected as best answer

    You need a Virginia attorney to answer your question. Repost your question to Virginia attorneys by listing the location as Virginia or consult with a Virginia attorney.

    Many crimes do not have a statute of limitations and for those that do, the statute of limitations is satisfied once charges are filed. If you move or are not served with the warrant, it does not affect the statute of limitations. Otherwise, Defendants would try to run and hide with the hope that the statute would run before they were found.

    Since there is a warrant out for your arrest, you need a lawyer who can file a Motion to Recall the Warrant and have your case set for trial on the merits. Otherwise, you can be arrested on the warrant wherever you are and held until Virginia decides if they will come and get you. Your attorney can assert all possible defenses including the right to a speedy trial.

    Best of luck to you.

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