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Scott R. Scherr

Scott Scherr’s Answers

3,323 total


  • If you violate probation, but your court date for violating is a month after you get off probation, am I free to do as I please?

    I got a DUI in April 2014 and was placed on a year probation on July 18, 2014. However, I received another DUI in November 2014 and as a result, violated my probation. I am off probation this July 18, 2015, followed all of my probation rules, exce...

    Scott’s Answer

    You need to discuss this with your attorney or consult with an attorney about the situation. It would be advisable to refrain from drinking and to follow through with your treatment program.

    You have both a DUI trial and a VOP hearing coming up. Drinking is a really bad idea. You need to be able to tell the judge you are getting treatment and not drinking. You are facing the possibility of jail so take this very seriously.

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  • I been told that 'With Prejudice' is typically used in Civil cases. Do Federal cases have 'a typical'?

    Or - one way that they are mostly settled - either with or without prejudice?

    Scott’s Answer

    If a case settles (an agreement between the parties), it is almost always with prejudice which means that the case cannot be refiled. If the case is dismissed without prejudice, it means that the case can be refiled (but not always because a second dismissal without prejudice usually means it cannot be refiled). The rules are generally the same for state court and federal court. If you have a specific question about your case, you should discuss it with an attorney.

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  • What happens to a Stet after expungement?

    I had charges placed on me which were placed on a stet docket in lieu of agreed terms of no contact and restitution. Due to good cause the charges were expunged before the three years transpired. I was wondering since there was no final dispositi...

    Scott’s Answer

    A "stet" means that the case was placed on the inactive docket and never brought to trial. Now that your record has been expunged, the stet cannot be reopened because all of the documents pertaining to the case have been destroyed by the different agencies. Maybe you can discuss the case with a military attorney.

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  • What should we say in a background verification form when the case disposition is NOLLE PROSEQUI? I was given citation.

    I have a shop lifting case for which disposition was NOLLE PROSEQUI. The charges were Theft under$1000. State is Maryland. I got a job offer recently. But the employer wants to do a back ground check on me. In the form there is a below question: ...

    Scott’s Answer

    Have you gotten your record expunged? If not, file a Petition for Expungement immediately. There is a $30.00 filing fee and you need a General Waiver and Release if it is within three years.

    The answer is "no." None of these apply to you. There was no conviction, guilty plea, or any of those that apply to you.

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  • I was seeing someone and he recorded our secure encounters without my permission. Can I sue him?

    I had no idea he was recording our sexual acts. He is upset with me because I won't talk to him. He told me out of anger that he had recorded me and he also stated in texts messages that I saved that he was going to send the videos out to people....

    Scott’s Answer

    You can sue him for invasion of privacy and possibly other torts as well. However, it may be difficult to find an attorney to handle the case unless he has significant assets to pay any judgment you might obtain. You could also file criminal charges against him.

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  • I applied for disability and was denied my benefits.

    It was determined after apply for disability benefits and documented that I am eligible. However, I was denied reason being since I do not have medical records. I asserted my right to self medication according to my religious beliefs and withdrew ...

    Scott’s Answer

    You have to establish through medical documentation that you are disabled under Social Security's rules and regulations. If you do not have proof that you qualify for disability, then your claim will be denied.

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  • What happens of you are renting and displaced due to fire? (That's not your fault, eg. Faulty wiring)

    Renting, paid and security deposit. Myself and 3 children displaced, have animals, want rest stuff out 10 days and no placement offered

    Scott’s Answer

    I am so sorry. This is just terrible.

    If you have renter's insurance, your insurance company should cover the damaged items as well as the rental of a hotel room until you can find a new place. You may also have a claim against the landlord and anyone else who was responsible for the fire.

    You should also contact the Red Cross which helps with food, shelter, and clothing during times like this. I wish you the best of luck.

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  • Do you need an attorney to file a 8-505 for you?

    My husband is incarcerated on an armed robbery charge with a 55 yr sentence. He's been in for 12 years and he's looking for a 12-18 month program.

    Scott’s Answer

    it is not required that an attorney file it, but the chances of it being granted and your husband getting the treatment he needs increase dramatically if an attorney files it. If he cannot afford private counsel, he can contact the Public Defender.

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  • Who does presettlement Loan's in Maryland for workmen comp

    I have a workmans comp case and is having a hard time finding someone to do pre settlement loan in Maryland

    Scott’s Answer

    It will be difficult to get someone to do a presettlement loan on a worker's compensation case since these cases go on for a long time and the company may have to wait a long time to be paid. These loans are almost always a terrible deal for you since the interest rates and fees are incredibly high.

    In certain circumstances, a worker's compensation carrier will agree to voluntarily give a lump sum advance to be repaid out of your permanency award. If you are receiving a permanency award, you can request a lump sum advance against your award be ordered by the Commission which they can do at a hearing.

    Discuss these options with your attorney. If you do not have an attorney, you should get one.

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  • What course of action do i have with a car accident that wasn't my sister's fault?

    My sister had a car accident and it was determine it was the other driver's fault but apparently the police officer's police report is missing or wasn't file this was 2 weeks ago and still nothing. Her insurance is refusing to pay for her medical ...

    Scott’s Answer

    I am sorry to hear about your sister's accident. If she or another household resident waived PIP coverage, then she would not be entitled to PIP from her insurance company. If she did not waive coverage, then she is entitled to PIP which will cover at least $2,500.00 in medical and lost wage benefits. If she does not have PIP, she should use her health insurance for her treatment. They may have a lien on any recovery against the tortfeasor, but this will enable her bills to be paid promptly.

    The police report should be ready by now. She should consult with an attorney who can investigate all of these issues and get a copy of the police report.

    The tortfeasor's insurance company should pay the property damage if liability is not an issue. If they are not, she can make a collision claim against her own insurance company and they will subrogate against the other carrier to get their money (and her deductible) back.

    The liability carrier will not pay medical bills as they are incurred. When your sister has completed treatment and she makes sure the baby is born healthy, they will make a settlement offer. If they deny the claim, she will have to file suit. It is important that she have an attorney to make sure that she receives adequate compensation because insurance companies take advantage of those that are unrepresented.

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