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Sherwood Randolph Wescott

Sherwood Wescott’s Answers

8 total

  • Can the judge take legal custody from me

    I have full legal custody and shared 50-50 custody of my three half-year-old daughter and I have a bias court evaluator and a bias best interest lawyer they are recommending to the judge that the mother have full legal and full physical custody...

    Sherwood’s Answer

    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.

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

    Filling a Section 1983 claim based on an officer committing perjury and falsification of evidence (with malice)

    Sherwood’s Answer

    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.

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

    My boyfriend is locked up for something he did not do they charging him with burglary home invasion and some more like 32 charges how long will he have to wait for a trail date they forward it to the circuit court how long it take to go trail ? Th...

    Sherwood’s Answer

    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.

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

    During a fight w/ my controlling husband, he was screaming/taunting me directly by yelling to my face and I was tried getting him away from me by shielding him away w/ my hands, slammed me to the wall & pinned me to the ground, grabbed both my wri...

    Sherwood’s Answer

    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.

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

    on 11/20 I was told my position was eliminated. On 11/23 I was told 2 members from another dept will be coming into my dept doing the same duties. Both are younger.. one white one black There are 4 other members of the group that are older then...

    Sherwood’s Answer

    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.

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  • What are my consequences?

    I am being charged with distribution to a minor with beer and marijuana. She is 14 years old. I didn't give her any marijuana or alcohol, but I was around her while I had it. I had half a gram of marijuana on me, and a can of beer. This is my 2nd ...

    Sherwood’s Answer

    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.

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  • 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

    i have a record for something similar dating back over 4 years ago

    Sherwood’s Answer

    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.

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

    This is the first VOP I received and there are many reason's why I was violated. Some are my own fault and some have good substantiated evidence to support why I failed to meet the requirements.

    Sherwood’s Answer

    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.

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