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Scott R. Scherr

Scott Scherr’s Answers

3,449 total


  • When will I receive my settlement check?

    I went and signed my settlement case. To receive a certain amount of money. Friday July 17 2015 , when exactly will I get my check? I have bills and things to.take care of VERY soon . Is there a way I can get it sooner. It's a lead case and the ca...

    Scott’s Answer

    The settlement check comes payable to you and your attorney. The check is then deposited into your attorney's escrow account and then the funds must clear. When the funds clear, your attorney can then disburse the proceeds. You will need to discuss the timeframe with your attorney. Good luck!

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  • Do I need to disclose a nolled charge in a different state of I am charged with dui in another state

    I was charged with misdemeanor (2nd degree theft) in DC and it was nolled on 7/1/2010. I have not had it expunged. I just got a dui charge in Maryland on 7/22/2015. Will the nolled misdemeanor affect the dui charge in any way if they were in diffe...

    Scott’s Answer

    No, the nolle prossed theft charge will have no effect since the charge was dropped. As you probably know, you need an attorney to handle both the DUI charges and the related administrative hearing to protect your license and your liberty. You have a very short timeframe to request an administrative hearing if you blew .08 or above or refused the test. The failure to take action will result in a suspension of your license.

    Best of luck to you.

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  • For out of state traffic issues, can I hire a lawyer in my state? Or does it have to be the state of the incident?

    When on a road trip my friend was driving my car and hit a deer. We called local police for a police report. When he arrived I was speaking with him as well as my insurance company since it was my vehicle. He then wrote me a summons to appear in c...

    Scott’s Answer

    It sounds like the incident happened in North Carolina. If that is the case, you need a North Carolina attorney to represent you. Use the Find a Lawyer function to locate an attorney there or repost your question to North Carolina attorneys by listing the location as North Carolina. Your driver's license is likely suspended so you need to get this straightened out as soon as possible.

    Good luck!

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  • What does workers comp cover?

    I fell and hit my head at work on Friday and got a concussion. When I went to patient first, they said the visit was covered by workers comp. Will it also cover the money I lost from having to take off of work and anything else? I just started thi...

    Scott’s Answer

    Yes, your bills will be 100% covered by worker's compensation. In addition, you are entitled to temporary total disability for the time missed from work. They will pay you 2/3 of your average weekly wage so long as you have a doctor's note. Under Maryland law, you do not get paid for the three days missed unless you miss at least two weeks of work.

    There are many experienced worker's compensation attorneys on AVVO. You would be well served to have an attorney representing you to make sure you receive your benefits. You do not have to pay your attorney up front, but they get paid out of your permanency award if your condition results in such an award.

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  • Do I have to pay a restitution off if I were to sell my house?

    was wondering if I had to pay off the restitution. the restitution judgement is against me and the house is in my wifes name also

    Scott’s Answer

    There are two separate questions here. First, you owe the money for restitution if a judgment was rendered against you or if you were ordered to pay it as a condition of probation. If it was the latter and you do not pay it, you will violate your probation and the judge could violate you and send you to jail.

    Second, if the house is in your wife's name alone and she sells the house, she will receive the proceeds. It is not your house if your name is not on the Deed. She should be careful not to comingle the funds with you since you may have a judgment against you.

    You should discuss these issues with a criminal defense attorney as soon as possible. Good luck!

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  • Can my record be expunged in Maryland after 2 Dui's in 6 weeks? Both car accidents. They happened in 2007.

    The first one unfortunately my daughter was in the car. I had a alcohol induced seizure and hit a stop sign. Thankfully she was not hurt. My BAL was .43. So off to rehab I went. After I got out the guilt of the car accident with my daughter nearl...

    Scott’s Answer

    Unfortunately, DUI convictions and probation before judgments cannot be expunged in Maryland.

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  • Can I defend myself in a gun case if I cannot afford a lawyer

    Charged with illegal transport of handgun in MD

    Scott’s Answer

    If you cannot afford a private attorney, you should contact the Public Defender as soon as possible and no later than 10 business days before the court date. This is a very serious charge and it would be a mistake to represent yourself.

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  • Can my record be expunged in Maryland after 2 Dui's in 6 weeks? Both car accidents. They happened in 2007.

    The first one unfortunately my daughter was in the car. I had a alcohol induced seizure and hit a stop sign. Thankfully she was not hurt. My BAL was .43 So off to rehab I went. After I got out the guilt of the car accident with my daughter nearly...

    Scott’s Answer

    Unfortunately, DUI's cannot be expunged in Maryland if you were convicted or received probation before judgment. Congratulations on your sobriety.

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  • I was involved in an rear end collision and there damages to my bumper and transmission. However only the bumper was repaired.

    I've done everything my auto adjuster asked me to do yet nothing has done. I I'm 100% convinced that this is a bad faith claim.

    Scott’s Answer

    You should consult with an attorney to discuss your options. You will want to get a letter from a repair facility stating the transmission damage was caused by the accident. You need proof that the transmission damage was caused by the accident.

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  • This is about dating. A 20 year old girl is dating a 16 year old guy. Can the girl go to jail for that?

    It's sad because she lives in california and i live in maryland. But are their any legal issues if we have sex or anything? And she said she kinda does not want to date me because I'm so young only because she fears she will go to jail. So can we ...

    Scott’s Answer

    The age of consent is 16 in Maryland, but based on other answers is 18 in California. There are also other potential crimes in Maryland other than rape even if the sexual acts occur in Maryland. It is probably best to proceed with caution.

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