Elliot S Stomel’s Answers

Elliot S Stomel

Cherry Hill DUI / DWI Attorney.

Contributor Level 14
  1. My husband made me sign a prenup 4 days before we got married, how can i get it invalidated?

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. Ronald Glenn Lieberman
    3. Alan James Brinkmeier
    3 lawyer answers

    A pre-nuptial agreement must be entered into freely, voluntarily and with full knowledge and understanding of its contents. An attorney may be able to have the agreement set aside by demonstrating that you did not have a reasonable opportunity to gain full understanding of its contents and that you were unduly pressured into signing it to avoid deportation and by virtue of being presented with it at the 11th hour before your wedding

    Selected as best answer

  2. Can you receive a moving violation while you are stopped at a traffic light?

    Answered about 2 years ago.

    1. Mark M Cheser
    2. Elliot S Stomel
    3. Yolanda Navarrete
    3 lawyer answers

    It sounds to me like you are more concerned about the points than the fine. I am confident that New Jersey will assess 2 points on your license for a moving violation received in another state; however, I am not so sure that you will incur points for a cell phone violation, due to the fact that it is a 0-point violation in New Jersey. Before you make yourself crazy, I would contact the New Jersey Motor Vehicle Commission to confirm whether you will incur points in this State for a cell phone...

    2 lawyers agreed with this answer

  3. What do you do when ur 12 year old son is being accused of molesting his 5 year old cousin???

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    First, DO NOT allow your son to give a statement to the police, even in your presence. Next, retain an attorney immediately to represent your son's interests. While this may seem like an oversimplified answer, you have a very complicated case on your hands. It is very important that you take the proper steps immediately to insure that your son's rights are protected.

    2 lawyers agreed with this answer

  4. Court has not informed DMV after case is dismissed so driving history still shows the accident report that is dismissed.

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    If I understand your question correctly, you were issued a traffic summons as a result of a motor vehicle accident. When you appeared in Court, the traffic violation was dismissed, but the accident still appears on your driving record. In New Jersey, when you are involved in an accident, a record of the incident goes on your driver's abstract regardless of fault. If you examine your abstract closely, you will notice that the entry "INVOLVED IN AN ACCIDENT" makes no reference to the...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  5. Is jail time a given in a Bench warrant if you turn yourself in?

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. Adam S Malamut
    3. Michael Douglas Shafer
    3 lawyer answers

    A bench warrant does not automatically carry with it "jail time." Your failure to appear in Court as ordered is "contempt of court" and will probably not be discussed until the conclusion of the case for the purpose of determining whether your non-appearance should result in any additional penalties. I suggest that you or a family member contact the Court to inquire whether any bail has been set. If so, you will have the advantage of knowing in advance how much money you will need as a...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  6. Finality in Cherry Hull Muni Court? Prosecutors did not even try to read/understand evidence/discovery materials. Why?

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    I was the prosecutor in Cherry Hill for 19 years (1981 thru 2000), so I have a little insight into the situation. Your experience may be frustrating, but it is not unique to Cherry Hill. All of the municipal courts in the State of New Jersey are extremely overloaded with cases. Furthermore, with the exception of very few municipalities (Camden, Trenton, Newark and Atlantic City), municipal court judges and prosecutors are part-time positions, i.e. they have full-time private law practices,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I received a speeding ticket for going 48 in a 25mph zone (lincoln tunnel entrance) what can i do to get out of this?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Lawrence Charles Kroll
    3. Dimitri A. Panagopoulos
    3 lawyer answers

    In New Jersey, if you exceed the limit by 1-14 mph, you will incur 2 points on your license. If you exceed the speed limit by 15-29 mph, you will incur 4 points. By virtue of the fact that you are being charged with exceeding the speed limit by 23 mph, you are facing a 4-point violation. There are things that can be done to reduce or even eliminate the points completely depending upon your driving record. I suggest that you contact an attorney licensed to practice law in the State of New...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Can Pro Se Defendant Ask for Legal Fees in Counterclaim?

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    If you are representing yourself in a civil action it is extremely unlikely that you will be awarded counsel fees if you win your case. The purpose of being awarded legal fees is not to compensate you for your time, but for your out-of-pocket professional fees incurred in connection with your case. The Court will not compensate for expenses which you have not, in fact, paid or been billed.

    3 people marked this answer as helpful

  9. I was in an incident were I was charged with RECKLESS DRIVING, Leaving the scene of an incident, and some other minor charge.

    Answered almost 2 years ago.

    1. Mark M Cheser
    2. Eric M. Mark
    3. Elliot S Stomel
    4. Zev Goldstein
    4 lawyer answers

    You are being called back to court for failing to comply with the court's sentence. You were originally sentenced for simply failing to comply with the a state driving statute. Now you must appear in court for defying the order of the very judge who sentenced you in the first place. Being represented at this proceeding is just as important (if not MORE important) than being represented at the original hearing.

    1 lawyer agreed with this answer

  10. In the state of NJ, will misdemeanor charges like theft show on a back ground check?

    Answered almost 2 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    If you we're charged with a disorderly persons offense, the answer is "yes." If convicted, you will have to wait 5 years to expunge the record (assuming you otherwise qualify for an expungement.). Even if the charge is dismissed or you are found not guilty, the record of the arrest will remain on your criminal history until it is expunged by formal order of a Superior Court judge.

    1 lawyer agreed with this answer

Call now for a free consultation.

856-216-1700