Skip to main content
Darren Lee Kadish

Darren Kadish’s Answers

13 total


  • Default judgment due to not receiving notice

    I have a wage garnishment even though the case is over twenty years old. I was not served proper notice because they sent it to my parents house which I have not live at for years. The case is not listed on my credit report so i thought it had...

    Darren’s Answer

    Judgements in Maryland expire after 12 years, unless renewed. Your first step would be to check the court file, either in person, or online, to see if the judgment was renewed or not. You can check online by going here: http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

    If it was not renewed, you can file a motion to quash the garnishment on the basis that the judgment expired. If it was renewed, you will need to go back further and challenge the original underlying judgment for improper service. There is no one year statute for challenging a judgment that I am aware of. In fact, for fraud, mistake or irregularity there is an unlimited time period to challenge a judgment. I would consult an attorney who can probably help.

    See question 
  • Got a speeding ticket on provisional license with full license only 3 months away

    This is now the third time this has happened to me, due to my lack of slower driving. I am 3-4 months away from receiving my full license and getting out of the provisional loop. I received a ticket on I270-SB going 64 in a 55, and the cop says I ...

    Darren’s Answer

    As I am sure you are aware, every ticket you get on a provisional license where you are found guilty or get a PBJ extends your provisional period by 18 months. You said this is your third ticket, which means you got a ticket 15 months ago. The MVA tracks these things, and even if you delay the trial date and switch to your full license, you will get a notice from the MVA that you will be suspended for a third violation (conviction or PBJ) while driving on a provisional license. It applies retroactively. ( I know because I am handling just such a case now. You are entitled to a hearing and the Administrative Law Judge has the discretion to alter the suspension period (anywhere from 0 to the maximum suspension) , or let you off with a warning. If you can demonstrate you need your license for work, I would get a letter from your boss stating you drive a vehicle in your employment and take it to the hearing. I would also retain an attorney experienced in traffic and MVA hearings. This is your third offense and it will be taken seriously. An attorney will be able to help you make your arguments, and ensure the State and MVA meet heir burden of proof in your cases.

    See question 
  • How do I solve this Bench Warrant without having to go to jail

    A few years ago I was driving on 301 , in King George MD , and was stopped for speeding . Apparently my license was suspended and expired . He let me go but I had to go to court . I was driving down to NC for a cardiology apt . I was never w...

    Darren’s Answer

    The usual way this situation is handled if you don't want to turn yourself in is to retain an attorney to quash the bench warrant. The caveat is that when the attorney files the motion, he or she is entering their appearance in your case, and therefore they will have to be paid in full for handling the enitre case in order to file the motion. Because you have retained an attorney and indicated a desire to resolve the outstanding charges these motion are usually granted.

    See question 
  • My friends Id were taken from me. Would I have a criminal record or jail time ?

    I had two of my friend Ids in my wallet and a security guard went through my wallet and handed it to the cops. I did not use it for any illegal activity neither did I present them as myself. Would I go to jail or have a criminal record?"

    Darren’s Answer

    Putting aside the issue of why a security guard was going through your wallet, mere possession of someone else's ID is not a crime. If you do get charged consult an attorney.

    See question 
  • I was caught shoplifting for some friends at h&m for 57 dollars. Would I have a criminal record?

    I also took a ring from another store for 14 dollars which was confiscated from me. I'm 18. The security mentioned to a mall cop about pressing charges. And I was told that I may have to go to court. What does this mean for me. This is a first tim...

    Darren’s Answer

    You can't be convicted without going to court. If charges are filed you will be notified. If they are filed you can't just pay the bill for the items to make the charges go away. If you are a first time offender, you will most likely be able to get a court disposition which will not leave you with a criminal record but you should get an attorney to make sure you get the best result. You may also be able to get your record expunged under the right circumstances.

    See question 
  • I was given 6 mnth PBJ by an MD judge for driving on a revoked license in Nov. I was pulled over for speeding in Dec. Any advice

    Also pulled over for speeding 1 week before being put on PBJ. Lawyers will hopefully prevent a conviction. Additionally, license already has 12 pts for speeding but was admonished by an MVA judge at a hearing in June.

    Darren’s Answer

    Ordinarily a PBJ does not have a defined period of time to run, so it appears the judge placed special conditions on your PBJ, which does occur now and then. It is also my understanding that the judge in this circumstance can flag your license for future violations. However, the key word is violations. A citation is merely an accusation, not a violation. I would hire an attorney to fight the citation. If you are lucky, the trial date may come up after the 6 month probation period. Also, some jurisdictions are tougher on the evidence required in a speeding case, and some officers are not as well trained.

    As to the offense which occurred before your PBJ, did you advise the judge you had a pending speeding ticket? Ordinarily since the actual violation occurred before the PBJ period began, you would not be considered to have violated the probation since the conduct occurred before you were placed on probation. However, because of the way the MD MVA system works, if the judge flagged your license, she/he may get notified of the violation, and the judge could set it in for a hearing.

    You indicated that you had a revoked license, and also 12 points for speeding, plus the two speeding tickets mentioned in your question. It may sound obvious, but slowing down may help.

    See question 
  • Under what condition does an insurance company make a decision for repair or loss?

    So my cars value before the accident is roughly $3,000 . The adjuster states repairing the car after the accident may cost about $3,700-$4,000. He says he's pretty sure it may be considered a loss. Is this sufficient information to draw this conc...

    Darren’s Answer

    Actually, most insurance carriers will total your vehicle when the cost of repair equals or exceeds anywhere from 60-75% of the value of the vehicle. Each insurer sets their own guidelines for this "total loss threshhold". The reason is simple. If the car is worth $3,000, and the repairs are $2900, what happens when the body shop pulls the car apart to fix it and finds more damage?. Additional damages are handled by what is called a "supplement" Now they have begun repairing a car where the damage exceeds the value. For instance, I recently had a client whose vehicle had $12,000.00 in damage. It turns out there was hidden damage, and the total repair actually wound up costing over $20,000.00.

    The bottom line is the insurance carrier has the authority to "total" your car, as you cannot force them to pay more to fix a car than it is worth. There are things you can do to demonstrate the car has a higher value, which could mitigate against the car being a total loss. Things that improve value are: new tires having been installed recently, a new engine with low miles being in the car, upgraded rims, aftermarket stereo, etc. Regular maintenance, or items fixed to keep the car running do not count towards value (oil changes, spark plugs, gasket repairs, brake repairs, etc.). Given the value of your vehicle, it is unlikely you could get enough in enhancements to prevent the vehicle from being a total loss.

    If you can get a repair estimate for less than the insurer's set percentage to total the vehicle, you can try to persuade them to fix it. You can also keep the vehicle and get it fixed with the money for the total loss, but the insurance company will deduct the salvage value of your car from what they pay you if you keep it.

    See question 
  • How can i avoid my wages being Garnished from an at fault accident i was involved in last year while driving my moms car?

    the person hit, already got $50, 000 from my moms policy limits, as well as $50k from her policy, but her insurance is coming after ME for $8,750! IM A SINGLE MOM! i live check to check! their vehicle wasnt even scratched! but she states she has a...

    Darren’s Answer

    • Selected as best answer

    Ok, Maryland underinsured law is a little tricky. Under the law, the underlying carrier (your mom's ins. co.) carrier cannot pay the 50K without the underinsured carrier waiving subrogation. When presented with a policy limits offer, the UIM (Underinsured motorists carrier) has a choice. They can waive subrogation or they can send an amount equal to the policy limit to the Plaintiff, and then the plaintiff must sue you for a judgment, and only the amount of the judgment over the underlying policy limit would be your responsibility. It follows then that if your mom's insurance company paid, the UIM waived subrogation, and they cannot collect a dime from you. I suggest you consult a lawyer immediately, and if a release was signed by the plaintiff, that you file a complaint with the insurance commissioner as well.

    See question 
  • I was charged with theft & mal dstrct prop for taking a shot of whipped cream from a can at the coffee bar. what are my options

    I was caught on video and approached by a State trooper the next day. I did admit the incident. I was neither arrested or advised of any rights. As of this post I haven't recieved anything regarding a court case. I found out about the case from ...

    Darren’s Answer

    The officer could not arrest you because this was a misdemeanor crime not committed in his presence. However, the store probably sent someone down to the Court Commissioner file a criminal complaint against you after the trooper told them you admitted to the crime. The Commissioner then issues the paperwork for your arrest. Depending on which jurisdiction you are in, getting the papers served on you can take some time. It will be a low priority. However, you can shortcut the process if you know which jurisdiction you are charged in by arranging to turn yourself in. Most likely you will see a Court Commissioner fairly quickly after turning yourself in, and if you have no criminal record you will be released on your own recognizance (no bail required). Mid-week is the best time to make these arrangements, as there Commissioners get backed up on Mondays and Fridays. If you have a prior record, you may want to take someone with you to make sure that you can pay any bail or arrange a bondsman if bail is too high for you to pay the whole thing. Get an attorney as well. He or she can help you with all the arrangements and whatever you do, do not make any more statements about what happened. Invoke your Fifth Amendment right to remain silent. Only discuss this case with your attorney.

    See question 
  • Drove on suspended license - unpaid tickets. Are paid now. No monies for lawyer - now. Can I ask for postponement - at trial?

    Traffric tickets which caused my license to be suspended have been paid. Suspension has been taken off. However, the court date is soon. Went to get a public defender, but was told that my request was 3 dates too late. Can I ask for a postponem...

    Darren’s Answer

    The answer is yes. Because driving on a suspended license in MD is an incarcerable offense (it means you can go to jail) you are required to to be advised of your rights by a judge. Unless you were arrested and had a bail review in front of a judge (which is unlikely) you have not been in front of a judge yet. Therefore, the judge should allow a postponement.

    Additionally, there are two types of driving on a suspended charge in Maryland, the "C" charge (driving on a suspended for points accumulation and serious violations) and the "H" charge (driving on a suspended for unpaid tickets.) Most officers issue a citation for the "C" charge, and let the State's attorney amend before trial. You should have been charged for the lesser crime, but if you were charged with the "C" charge, and the State's Attorney amends, you may be entitled to a postponement as the charge against you has been changed. You can look at your ticket and it will say that the violation is 16-303(C) or 16-303(H) on it as to your violation. Good Luck!

    See question