Sherwood Wescott’s Answers

Can the judge take legal custody from me

Sherwood’s Answer

• December 22, 2015 5:28am

If this for a modification custody then the requirement for the moving party is to demonstrate to the court first there has been a "material change in circumstances" and if so; "it is in the best interest" of the child(ren) that change is necessary. Usually, this is high hurdle to overcome. Therefore, you need to contact an attorney asap to evaluate the facts of your case.

Is a not guilty verdict required on ALL counts to be able to sue a cop? (For perjury and falsification of evidence)

Sherwood’s Answer

• December 22, 2015 5:17am

In Federal 1983 claims they are generally based on State action that has occurred OUTSIDE of the courtroom. Perjury and related charges are State law violations and need to be prosecuted by the appropriate State Attorney's Office. Also, not guilty verdict(s) are not required in order to sue law enforcement for civil liability claims this is two different areas of law. You will find it necessary to find an attorney that is fully aware of both your criminal and/or civil rights under the law in order to effectively assist you.

How long will it take to get a trail date in circuit court of Denton maryland? No evidence just have probable cause

Sherwood’s Answer

• December 22, 2015 5:07am

Once an individual is presented with information (Charge) in the Circuit Court of Maryland there are rules of fairness within the State to allow the party to have his/her case heard within 180 days in other words a speedy trial. You should not rely on the fact the State do not possess enough probable cause to go to trial because more than likely they do. Therefore, contact an attorney as soon as possible and the attorney more than likely will attempt to expedite the proceedings as appropriate.

How do I defend myself? How can I get this case dismissed? I have pictures of bruises & dr visit from having swollen neck?

Sherwood’s Answer

• December 22, 2015 4:59am

The first issue is to get yourself safe and away from your abuser, once has been accomplished then you need an attorney that is familiar with these type of cases. These cases require a specific understanding of the abused who is now being accused. Consult with an attorney right away a conviction of this could have long and negative effects on your record.

Do I have any kind of framework for a lawsuit since my separation letter states my position was eliminated

Sherwood’s Answer

• December 22, 2015 4:52am

This case screams "age discrimination" but there definitely some obstacles to overcome before you get there; consult with appropriate legal counsel that is familiar with these type of cases. The other members may not be effected now but that's not your fight. Contact counsel as soon as possible.

What are my consequences?

Sherwood’s Answer

• December 22, 2015 4:31am

The first issue is if law enforcement is alleging that you in fact physically distributed the substance and/or alcohol to the minor or all parties were in possession of the substance(s) due to proximity, and if so, are their allegations based on observation or witness statement(s) this will be a significant difference in defending your case; further whether or not you were the responsible party for the minor; quite a few questions that need to be answered in your case in order to evaluate it properly. Therefore, you must contact an attorney immediately to evaluate the facts of your case. Please feel free to contact my office at (410) 845-9885.

Can i get a case thrown out if the people that filled it have the wrong date of the offence and if so could they charge me later

Sherwood’s Answer

• September 28, 2012 5:18pm

Its often very difficult to get a criminal case dismissed (thrown out) based solely on a incorrect date, there are certain factors involved to determine if the court would allow the state to amend the incorrect date or dismiss the case. If it was dismissed the state or the complaintant could refile to start the process over again. You should consult with an attorney right away. For a consultation please feel free to call my office at 410-901-9300 or 410-845-9885.

I have heard that most VOP warrants are without bond. Why is my preset at 15,000. Is that a good sign?

Sherwood’s Answer

• September 11, 2012 4:58pm

The amount of the bond for VOP Warrant is generally not reflective of the violation itself. This is good for you once you have been served with the warrant, it would less you have to pay for your release while awaiting your hearing.

It is best to spea with and retain legal counsel immediately to discuss the underlying violation(s) this could have a large impact on the outcome of your hearing.

For a free telephone consultation you can call (410) 845-9885.