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Scott R. Scherr

Scott Scherr’s Answers

4,655 total


  • How long does it take to get in front of a judge to ask for a bond reduction

    Sitting on a violation of probation with a $25,000 bond. Asked for a bond reduction but need to know how long does it take to get in front of the judge? Need counseling on what to do next.

    Scott’s Answer

    Your best bet is to retain an attorney to represent you on the bail reduction. Depending on the facts, an attorney may be able to get you released pending the VOP hearing.

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  • I was arrested on a bench warrant the day after the related case was closed. What can I do?

    I did not appear in court for a Maryland MTA citation for failing to prove payment on the Light Rail. I received notification that a bench warrant would issue if I didn't pay the fine. The fine was received by the Court and the case was closed on ...

    Scott’s Answer

    I agree with Mr. Welch. The fine was paid after the warrant was issued and it takes time for the police to be notified that the warrant was now moot. If the warrant is not recalled, there is no way for the police to know that the case is closed. Glad you were released on your own recognizance.

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  • Why would undercover cops take a picture of my drivers license and let me go?

    I was busted buying drugs in town the narcs pulled me over and said we saw you score you can give us the stuff we take a picture of your license and you can go or we will impound your vehical and you are going to jail, then asked me what the deale...

    Scott’s Answer

    You could still be charged with a crime. You can check Maryland Judiciary Case Search periodically to see if anything appears. You should consult with an attorney to discuss your case in a confidential setting. Do not post any more details on AVVO since this is a public forum.

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  • How can someone be charged with insurance fraud by a bail bonds company??

    I received a phone call from someone stating that they were going to press insurance fraud charges against me. I am trying to figure out if that is even possible.

    Scott’s Answer

    It could very well be a scam. If you did not recognize the name or phone number on the Caller ID, you can google it to see what you learn.

    If it was from a bail bondsman and you did enter into a contract with the company, they could be threatening you in an effort to get you to make the payments. It is not insurance fraud to be behind on a debt. Fraud requires intent to defraud.

    If you have concerns, you should consult with an attorney.

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  • When a judge is reconsidering a case (to nol pross a stetted case), does he/she contact the prosecutor in the case?

    I wrote a letter asking the judge if he would nol pross the case early and was wondering if the judge asked the prosecutor's opinion or if that was somehow verboten, since the judge is supposed to be equally open to the prosecution and the defense.

    Scott’s Answer

    A stet can be reopened within one year for any reason and for good cause shown between one and three years. However, if the case is reopened, it will be set for trial which may not be a good thing. Only the State's Attorney can enter a nolle prossequi.

    In many cases, defense counsel makes a deal with the State's Attorney that a stet will be reopened for a the purpose of entering a nolle prossequi after certain conditions are met ( i.e., community service, restitution, etc.). If you attorney made such a deal, discuss the case with him or her.

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  • My son & 3 others was detained by a officer a bottle of codeine cough syrup was found. my son said it was his but was my nephews

    My son is a sworn in officer who has no priors who gun license is revoked, he is suspended pending outcome of court case and can not come back to his job with anything less then a dismissal or acquittal. If community servicer is offered is that an...

    Scott’s Answer

    Your son needs an attorney to defend the charge given the consequences if he is convicted. An attorney can prepare the case for trial and try to convince the State's Attorney to drop the charge. If your son does community service in exchange for a nolle prossequi, then the charge will ultimately be dropped and your son should be okay. However, if he does community service as a condition of probation after a conviction, this would be a problem for him.

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  • If you miss the 30 days to request a hearing after a traffic citation in Maryland, is there anyway to request a hearing after.

    I missed the change in the law. If I have to pay, I will pay to avoid suspension, but I would really like a hearing

    Scott’s Answer

    You can go to the courthouse and pay the fine and ask that a trial date be scheduled. Make sure that they understand that you are not just paying the fine, but that you want a trial (not a waiver hearing). This will release the suspension on your license and you will get a court date in the mail. If you are acquitted at trial, you will receive a refund. If you go to court and the fine is less, than you will receive a partial refund. If the fine is more, you pay the difference.

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  • I was involved in a hit and run i had the right away he left the vehicle at the sence and ran off

    I was involved in a hit n run the guy left the sence on foot left his truck at the sence i have his tag number i call my lawyer i just want to know how. Much money i can sue his insurance. For my insurance payed my car off because. At the time i d...

    Scott’s Answer

    All questions should be directed to your lawyer who knows your case the best. You will be able to sue the other driver for all damages that you incurred from the accident. His insurance company should compensate you for the damage to your vehicle and your injuries.

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  • Should I pay the penalty after I got caught shoplifting and I'm not citizen and still working with my status to become resident?

    I got here in 2012 and went back to my country in 2014. I came back again this year and got married 5 months ago. I am still working with my legal status to be a resident, but I haven't become yet. I got caught shoplifting in Lord & Taylor and mad...

    Scott’s Answer

    If this happened in Maryland, then you should retain a Maryland attorney to represent you on the theft charge and a separate attorney to advise you on the immigration consequences. It is important to have competent representation in both areas because a theft conviction could cause immigration problems.

    In addition to the criminal charge, the store is allowed to make a civil demand for up to two times the amount of the item stolen. Stores rarely file suit for these damages and paying the claim will have no effect on the criminal charge. Many attorneys tell their clients not to pay it, but you should ask your attorney for advice on this issue.

    Lastly, you should not post any more details on AVVO since this is a public forum and anything you post can be used against you.

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  • Will my Maryland license be suspended after being charged with a DWAI in New York?

    I had a BAC of 0.09 which is technically a DUI in New York but being my first offense, I was able to get the charged reduced to a DWAI (Driving While Ability Impaired) - technically a traffic offense and not a criminal conviction. I had legal repr...

    Scott’s Answer

    Yes, the MVA will attempt to suspend your license here. The conviction is akin to driving while impaired here in Maryland. You can expect to receive a letter from the MVA telling you your license will be suspended unless you request an administrative hearing within a very short timeframe. You may also receive the option to have the interlock placed on your car for a period of time which will be at least six months.

    As soon as you receive the letter from the MVA, you should consult with an attorney.

    The conviction and points (8) will appear on your record in Maryland. It is a serious traffic violation that goes on your driving record and not your criminal record, but it could still be used by employers to determine whether to offer you a job. The biggest impact would be if you applied for a job which required you to drive a company vehicle. Your insurance rates will be affected.

    If you received the equivalent of probation before judgment in New York (if they have it), then my answer to your entire question would be different.

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