Robert A Stolzbergā€™s Answers

Robert A Stolzberg

Boston Litigation Lawyer.

Contributor Level 13
  1. Can I do this without my Lawyer?

    Answered over 2 years ago.

    1. Robert A Stolzberg
    2. Kelly A. Broadbent
    3. Erik Hammarlund
    4. Jessica Ann Foley
    4 lawyer answers

    If you can't talk to your lawyer about a possible plea bargain, you have to get a new lawyer. You shouldn't even think about talking directly to the prosecutor without a lawyer. Have you tried to talk to your appointed lawyer? Maybe he is preparing your case and you don't know it. Talk to him first and then decide what you should do. If he won't talk to you, which is pretty unlikely, then go the the judge and ask for a new lawyer.

    10 lawyers agreed with this answer

  2. I divorced my ex-husband may22,2005,he was supposed to pay me alimony,ive yet to recieve a dime.

    Answered almost 3 years ago.

    1. Robert A Stolzberg
    2. Nicole C. Armstrong
    3. Teresa M. Harkins La Vita
    3 lawyer answers

    If a court ordered your ex to pay alimony and he didn't, that is contempt of court unless he can prove that he was not able to do so. If you can prove that he was spending money on luxuries, like cruises, that makes it difficult for him to bear his burden of proof. If the court finds him in contempt, there are multiple remedies available, including sending him to jail until he pays. If you want to pursue this, you should talk to a divorce lawyer who can file a complaint for contempt and...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do I need a lawyer?

    Answered over 2 years ago.

    1. E. Alexandra Golden
    2. Robert A Stolzberg
    3. Brian S Wayson
    4. Christopher Michael Larson
    4 lawyer answers

    If the tax fraud was reflected or effectuated through tax returns you signed, you definitely have exposure regardless of what the IRS agent told you. There is an "innocent spouse" defense but you need a good and knowlegeable tax defense attorney. You should also hire an independant (from your husband) to see if you can file amended returns for past years and an individual return for 2011 and beyond As my colleague suggested, you might also want to consult a good divorce lawyer as well.

    8 lawyers agreed with this answer

  4. Can the police say something Like this when questioning a defendant?

    Answered over 2 years ago.

    1. Robert A Stolzberg
    2. Philip W. Mason
    3. Dominic L. Pang
    4. Jessica Ann Foley
    4 lawyer answers

    If you were in custody, they had to tell you that you didn't have to talk to them and you could have a lawyer assist you. If they didn't do so, then any statments you made could be suppressed. If you weren't in custody, you could just walk away and stop talking to them. Simply demanding that you tell them what they think is the truth is not, per se, a violation of your rights.

    8 lawyers agreed with this answer

  5. My ex wife died, how do I go about stopping my Social Security from being garnished?

    Answered over 2 years ago.

    1. Robert A Stolzberg
    2. Alan J Pransky
    3. Clifford Michael Farrell
    3 lawyer answers

    I can't understand why Social Security would be involved in a garnishment of wages. Assuming that they are, if the original decree specifically states that alimony ends upon her death, n your could try getting a certified copy of the order and a certified copy of the death certificate and submitting them both to SS with a request that they stop garnishing your wages. If that doesn't work, you have to go back to court to get a modification of the order ending the garnishment.

    8 lawyers agreed with this answer

  6. How can I turn false charges against me in a civil matter into criminal charges against the person who falsely accused me?

    Answered over 2 years ago.

    1. Dominic L. Pang
    2. Robert A Stolzberg
    3. Henry Lebensbaum
    3 lawyer answers

    Perjury is a criminal offense so you could file a complaint with the District Court. You will have to establish probable cause that the crime was committed, and that involves establishing probable cause that the misstatment was intentionally made. Even if you succeed in showing that the crime probably was commmitted, many clerks will take the position that the matter is really a civil matter and refuse to issue the complaint. There are also civil remedies available to you if the action...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I was subpoenaed as a witness in a criminal case can i be charged with contempt

    Answered 12 months ago.

    1. Robert A Stolzberg
    2. David C. Newton
    3. Daryl Abbas
    4. Stephen F Wallace
    5. Raymond George Wigell
    5 lawyer answers

    Failing to obey a subpoena is contempt of court; lying to the grand jury is perjury and a crime. You might be able to invoke your fifth amendment rights to refuse to answer any questions, but you need to have an in-depth conversation with an attorney to see if that is an option.

    7 lawyers agreed with this answer

  8. Required followup corrective surgery, do I have a legal claim?

    Answered over 2 years ago.

    1. Robert A Stolzberg
    2. James M Lynch
    3. Christian K. Lassen II
    4. Jacob Adam Regar
    4 lawyer answers

    Not all bad results are the result of malpractice or negligence. Sometimes things just go wrong without anyone being at fault. Based on the information provided, there is no way anyone can tell if you have a viable claim. The most typical way you can tell is to have a qualified expert doctor (probably he should be certified in orthopedic medicine) review the case and give you an opinion. Usually, this report is obtained by your lawyer, but not always. If the report indicates that your...

    7 lawyers agreed with this answer

  9. Can an attorney file a law suite for malpractice in only a few days before statue of limitastions is up?

    Answered about 2 years ago.

    1. Robert A Stolzberg
    2. Adam William Vella
    3. Brian P Finnerty
    4. Brad W Greenberg
    5. Christopher W. Vaughn-Martel
    6. ···
    6 lawyer answers

    He could file a bare bones complaint if it appears meritorious. He would have 90 days to serve it, during which time he could have a doctor carefully review the case. You could then either go forward with the case (possibly filing an amended complaint) or if the doctor tells you that the case is not meritorious, then you could voluntarily dismiss it.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My ex husband filed joint tax after divorce was finalized in 2009.

    Answered about 2 years ago.

    1. Robert A Stolzberg
    2. Jefferson W. Boone
    3. Henry Lebensbaum
    4. Christopher Michael Larson
    4 lawyer answers

    If you had no income in 2009, you had no obligation to file a tax return. If your ex filed a return on which he forged your name, he committed a crime, but as long as you didn't participate in it, you are not guilty of anything. The IRS audits very, very few returns, so it is unlikely that your ex' criminal behaviour will ever be discovered; if it is, you can explain it at that time. It would probably be pretty straigtforward to show that all the money went to him, which is pretty good...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful