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Scott R. Scherr

Scott Scherr’s Answers

4,772 total


  • For md, at what point when you have a court date to appear do u invoke martial privilege? Before or after oath

    Don't want to testify.

    Scott’s Answer

    Tell the prosecutor before court that you wish to exercise the marital privilege. When the case is called, you will be sworn in as a witness. You can then invoke your marital privilege. To be eligible, you must never have invoked the marital privilege before.

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  • Can a State attorney denied an expungement order granted by a district court Judge ?

    Served and completed an 18months probation in a PBJ entered judgment last year. i filed for early expungement because of severe hardship as a result of in ability renew my CNA license which was granted and the state attorney now sent a motion ...

    Scott’s Answer

    If the PBJ was for a DUI, then it was error for the judge to grant the expungement. A PBJ for a DUI cannot be expunged.

    If it was not for a DUI or driving while impaired offense and the judge granted the expungement, then you should consult with an attorney to deal with the State's motion. Otherwise, the judge may reconsider its decision and withdraw its Order.

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  • Can I travel abroad with my PO's permission? I am on probation for DUI.

    I am on probation and going to the Bahamas very soon. I asked my PO for her permission and she said it's fine but also said I should probably write a letter to the judge; I sent it a few weeks ago and have been checking with the clerk every single...

    Scott’s Answer

    • Selected as best answer

    Review the terms and conditions of your probation. Typically, it states that you cannot leave the state without permission from your probation officer. You will need to get written permission from your probation officer. You should also discuss this issue with your lawyer.

    No one can tell you what information they can access at the airport which is why you need something in writing.

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  • Can I be sued because my brother in law asked me to sign his name to his check made out to me and my husband, his brother?

    My husband asked his brother to borrow $50,000. His brother made out the check and asked me to sign his name on the check because something was wrong with his hand. The check was made out to me and my husband and I signed my brother in laws name ...

    Scott’s Answer

    Anyone can file criminal charges, However, if he consented to your signing the check, this could be a defense. The fact that he did not do anything for 15 years and presumably you made payments on the loan would seem to show this was done with his consent. Nonetheless, you should discuss potential criminal liability with an attorney in a confidential setting.

    You should discuss your divorce case with a family law attorney.

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  • What to do or who to contact about felony theft charges that are 14 yrs old?

    This is a follow up questipn... I'm 2002 I was accused of felony theft and all the charges that go with it. Charges were filed, I have several outstanding warrants but I have managed not to get arrested for this by staying away from the area. I ...

    Scott’s Answer

    An attorney can file assert motion to recall the warrant. If the motion is granted, the warrant will be recalled and the case will be set for trial. Your attorney can then assert defenses. The State will have to prove its case and locate its witnesses.

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  • How does the statute of limitations work in the state of MD concerning felony theft?

    In 2002 I was accused of felony theft and all the charges that go with it. I was never arrested but left the area. I now want to return to the area and want to know how to handle this. Its been 14 yrs. Is there a way to go about having these ch...

    Scott’s Answer

    You can check Maryland Judiciary Case Search to see if charges have been filed. There is no statute of limitations for felony theft. There is a two year statute of limitations for misdemeanor theft. The statute of limitations is satisfied once charges have been filed.

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  • $500 Parking Ticket - Disabled Parking Spot

    Before I begin I want to fully disclose my complete understanding in that I was in the wrong in parking where I did. I parked my car in a Disabled Parking only parking spot. I received a ticket for $500. This is my first offense and normally ne...

    Scott’s Answer

    • Selected as best answer

    You have a shot at winning the case. Request a trial and demand the presence of the parking attendant. They often do not show and if they fail to appear, you will be acquitted.

    If they do appear, you can have a trial and make your argument. You may win. Even if you lose, many judges will reduce the fine to something more reasonable.

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  • I got stopped and I don't have a driving license I went to court once and I asked to get a public defenwe

    What will happen if I show up to court without a public defender I don't have my drivers license I'm in the process of getting it.

    Scott’s Answer

    If you show up in court without an attorney whether it be private counsel or a Public Defender, you could be forced to defend the case without counsel. Driving without a license carries 5 points, possible jail time, and a fine. A conviction can delay your ability to get a license.

    You should have an attorney representing you. If you cannot afford a private attorney, you must contact the Public Defender at least 10 business days before the court date.

    When you go to court, bring proof of your efforts to get a license.

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  • Can i report a car stolen if the tags are about to expire and the person has moved out of state and stopped paying the insurance

    There is a car in my name and i want it out of my name and off of my insurance. The driver has moved to florida and stopped paying the insurance. The tags expire at the end of this month and i want the tags ASAP so that i can turn them in and ta...

    Scott’s Answer

    If the person took the car with your permission, you cannot report it stolen. You can take the car back assuming it is titled in only your name and you can turn in the tags. You can also sell the car. I recommend demanding the return of the car and turning in the tags once he has done so.

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  • What can we do

    My grandson has been wrongfully accused of a felony and a continuance was granted. However, there have been numerous mishaps, mis communications and other issues so that my grandson could not adequately prepare his case.if he is forced to go on ...

    Scott’s Answer

    Your grandson's attorney can file for a continuance and state the reasons. The decision is up to the judge. Judges are less likely to grant a continuance where one has been given before.

    If his case is in the District Court, he can elect a jury trial assuming that the maximum sentence is more than 90 days in jail and in most counties this will result in a new trial date.

    He should discuss this issue with his lawyer.

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