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Scott R. Scherr

Scott Scherr’s Answers

3,421 total


  • A question regarding self-defense.

    I am a waitress at a restaurant in Rockville, and have been stalked by a man for the past four months. He is a guest I once served. At first he would show up at my work with flowers, gifts, chocolates, etc, but the past two months, he has shown ...

    Scott’s Answer

    I agree with my colleagues. You should contact the police. You also should file for a Peace Order to keep him away from you. If you are charged with a crime such as assault, contact an attorney. You can check Maryland Judiciary Case Search periodically to see if charges have been filed:

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

    My guess is he does not call the police.

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  • Do I need a criminal lawyer

    I was locked up a year and a month ago for possession of controlled substance non marijuana was given 2 year sentence with one year 362 days suspended sir three days and got one year on supervised probation today called an attorney to get the case...

    Scott’s Answer

    Get the fines paid before court. If this is the only issue, the judge may be willing to close out your probation.

    You should have an attorney representing you since you are at risk for serving out the remainder of your sentence.

    If you received probation before judgment, you are eligible for expungement three years from the entry of the PBJ. If you did not receive probation before judgment, then your record cannot be expunged. Of course, if you received the PBJ, the judge could reinstate the conviction at the VOP hearing.

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  • My question concerns attorney compensation - 33 percent or 45 percent?

    Following a traffic accident I hired an attorney to represent me. According to the contingency fee agreement I signed, my attorney is entitled to 45 percent of the gross amount recovered "should this matter proceed to count", otherwise 33 percent...

    Scott’s Answer

    It depends on the exact language of the retainer agreement. If your attorney filed a lawsuit, it did not go to trial, but it was filed in court. Discuss your concerns with your attorney and maybe they will agree to a compromise.

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  • What is the likelihood of a judge granting a quash on a VOP warrant? Circumstances are technical. No arrests. No charges.

    I was issued a warrant for VOP from the judge due to a technical violation. My PO did not violate me. She claimed she sent an informative to the court, asked for no action but the judge issued a warrant anyway. I have a 4 month old child and most...

    Scott’s Answer

    You should hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be recalled and the case set for hearing. These motions are usually granted when filed by an attorney.

    Otherwise, you will be arrested on the warrant and may have to post bail to get out until the hearing.

    No one can tell you the chances of success at the hearing because we do not know all the details. You should not post any more details on AVVO since this is a public forum.

    Best of luck to you!

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  • What is the penalty for ATTEMPT BY DRIVER TO ELUDE UNIFORMED POLICE BY MEANS OTHER THAN FAIL TO STOP AND FLEEING ON FOOT in md.?

    traffic

    Scott’s Answer

    Assuming it is 21-904(b), the maximum penalty is one year in jail and a $1,000.00 fine. The ticket carries 12 points. The individual charged needs a lawyer to protect their license and liberty.

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  • I'm being sued by a hospital, is there any way I can still make a payment plan to avoid going to court?

    I haven't been served but I found out through case search.

    Scott’s Answer

    You can contact the attorney for the hospital and try to negotiate a payment plan.

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  • Should I get a real estate attorney in iowa

    I just purchased a house in iowa, I currently live in Maryland. House was sold with central hvac, sellers disclosure states that nothing was wrong with the hvac, however in the 2 story house I purchased, the 2nd story air vents/registers are not c...

    Scott’s Answer

    You need to repost your question to Iowa attorneys by listing the location as Iowa or use the "Find a Lawyer" function to locate an attorney in Iowa.

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  • Question about speeding ticket / citation

    I got a speeding ticket on Sunday for going 73 in a 55. The fine was 90 dollars so I paid it. It showed up on Maryland case search as "active case ". Since I paid the fine , will it change to case closed ?

    Scott’s Answer

    Yes, but it was a mistake to pay it. You will receive 2 points and your insurance rates will increase. You may want to file a motion to reopen the case and have the court treat the payment as collateral. At trial, the police officer might not post or even if he does, the judge can give you probation before judgment which avoids the points.

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  • Expungement in MD regarding PBJ clarification

    I've received varying answers and I'm looking for clarification from someone experienced in this area. I have a PBJ on my record. I successfully complied with and completed my PBJ. Regarding expungement, I do understand the requirement is 3 years ...

    Scott’s Answer

    The theft PBJ can be expunged three years from the entry of the PBJ so long as your probation is completed. You are eligible now.

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  • Ticket for speeding, suspended license and expired tags

    I got a ticket for speeding 52 on 35 , i wasnt aware of my license being suspended and my tags were expired because my car wont get tags because it doesnt pass inspection it needs a lot of repairs i cant afford. I requested court what penalty am i...

    Scott’s Answer

    It depends on the reason your license was suspended. If it was suspended for an unpaid ticket or missed court date, the maximum penalty is 60 days in jail and 3 points. If it was for too many points, unpaid child support, or for other reasons, then it is one year in jail and 12 points.

    You may have defenses to the charge. You should get your license reinstated right away. Consult with an attorney to defend the case and protect your license.

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