Skip to main content
Elliot S Stomel
Avvo
Pro

Elliot Stomel’s Answers

625 total


  • I was charged in munipal court in NJ with a simple assult over 12 yrs. ago. The charges were dropped. My minor stepson

    attacked me with a knife, cutting my face. I defended myself by restraining him. His mom filed charges of assault against me. Bail was set. When the truth later came out, the Court wrote me a letter stating it was sorry for the charges leveled aga...

    Elliot’s Answer

    While it would be nice to have a copy of the letter, it really does not serve much purpose. What really matters is (1) that the charge was dismissed; and (2) that despite the fact that the charge was dismissed, the record of the arrest will remain on your criminal record until it is expunged by formal order of a Superior Court Judge. You can easily get a record of the dismissal from the court where the case was heard. However, an expungement proceeding is somewhat complicated in nature, and to assure that it is done properly, you should consult with an attorney.

    Elliot S. Stomel, Esquire
    411 Route 70 East, Suite 106
    Cherry Hill, NJ 08034
    Phone: 856-216-1700
    Fax: 856-216-1777
    esslawfirm@yahoo.com

    See question 
  • What’s the procedure to dismiss my divorce lawyer?

    I hired an expensive lawyer for my divorce but he has misguided me and is stalling my efforts to have amicable divorce. He advised me to file adultery in my counter complaint to my ex’s irreconcilable difference and now is stalling my attempts to ...

    Elliot’s Answer

    I strongly recommend that you consult with another divorce lawyer to get his/her take on the situation. If the attorney agrees with your position, you can retain that attorney to represent you. Your new attorney will probably prepare a letter for you to sign which will be addressed to your original lawyer, setting forth that it is your desire to be represented by different counsel. Your new attorney will also prepare a "Substitution of Attorney" and send it to your first lawyer to sign along with a request that the entire contents of your file be transferred to his/her office. Once the "Substitution of Attorney" is filed with the Court, your new attorney will officially be your attorney of record.

    See question 
  • Can a minor plead guilty to a traffic ticket without a parent knowing? Can I appeal the ticket on the grounds he's underage

    my son got a speeding ticket 10 days before his 18th birthday. without telling us he paid the fine which means he pled guilty. now he is losing his license and getting 5 points against him.

    Elliot’s Answer

    While I do not practice law in that jurisdiction, I am quite certain that your son (at age 17) can pay a traffic ticket without his parents knowing. Most jurisdictions have a process that provides for some form of post-conviction relief, even if the appeal time has expired. I suggest that you contact a Pennsylvania licensed attorney to inquire about this process.

    Elliot S. Stomel, Esquire
    411 Route 70 East, Suite 106
    Cherry Hill, NJ 08034
    Phone: 856-216-1700
    Fax: 856-216-1777
    E-Mail: esslawfirm@yahoo.com

    See question 
  • After I am convicted of a dui and/or refusal, how long does it take for my license to be suspended (in terms of days)?

    how long does it take to get into the system?

    Elliot’s Answer

    If you are convicted of a dui and/or refusal, the suspension of your driving privilege will go into effect immediately. In fact, the Court will order that you surrender your actual driver's license before leaving court. In the event you are unable to have someone accompany you to court (for the purpose of driving you back home), the Court can issue a temporary license (good for about an hour) so that you can get to where you need to go.

    In the event you do not already have a lawyer, you should definitely consult with one immediately. You may think your goose is cooked, but there may be potential defenses available that you are not aware of. Best of luck!

    Elliot S. Stomel, Esquire
    411 Route 70 East, Suite 106
    Cherry Hill, NJ 08034
    Phone: 856-216-1700
    Fax: 856-216-1777
    E-Mail: esslawfirm@yahoo.com

    See question 
  • I have a record recieving stolen property twice.Can I get my real estate liecence in NJ?

    I have 2 recieving stolen propertys they both were handled in municipal court. There both over 5 years old. When I was younger I was into drugs and did some things I regret. I am having such a hard time finding a job now because employers see thef...

    Elliot’s Answer

    If you have only two convictions for disorderly persons offenses and they are both over 5 years old, you may be a good candidate for an "expungement". In New Jersey, an expungement is a procedure which provides for the isolation of all records on file with any Court or law enforcement agency concerning your arrest, detention, trial or disposition of an offense within the State's criminal justice system. While there is no law that requires you to be represented by an attorney in an expungement proceeding, the procedure itself is somewhat technical in nature. Therefore, I recommend that you do two things: (1) hold off on applying for any job which you feel will be denied by virtue of your criminal record until you have obtained an Order Granting Expungement and served it on all appropriate law enforcement agencies; and (2) Retain an attorney who is experienced in expungement practice to file a Petition for Expungement on your behalf. The entire process takes about 3-4 months, so I would get right on it. Feel free to contact my office for more information.

    See question 
  • I was charged with a disorderly person charge. It was a theft of a narcotic. Will this show up on a back ground check done

    by future employers?

    Elliot’s Answer

    Yes, it will most definitely show up on a background check. In order to answer your question regarding expungements, I will need to know the outcome of the case. If you have no prior criminal record, and this is a one-time incident, there are ways to handle your case that will enable you to get the record of the arrest expunged from your record fairly soon. If you have not yet been to court on this matter, you should definitely consult an attorney to achieve the best possible result. Feel free to contact me for more specific information.

    See question 
  • Is there a way to get out of paying a speeding ticket if not all the information was filled out?

    I received my first ticket ever today for speeding in Dixie county. The officer said I was going 80 in a 65, although I didn't notice that I was, but I definitely believe I could have been speeding. But when he handed me my ticket, it doesn't say ...

    Elliot’s Answer

    The purpose of a traffic summons is to place the driver on notice essentially of "who? what? when? and where?" The test of whether your ticket should be dismissed is not necessarily whether it contained a technical flaw, but whether you were placed on notice of the specific charge. If the ticket fails to state the speed limit and how fast you were going, there is a good possibility that this flaw could be fatal. After all, how can you defend yourself when you don't even know what you're charged with. Also, sometimes a Police Officer's handwriting may appear to be illegible, especially when you have only been provided with a carbon copy of the original summons. Finally, the State is not obligated to provide you with an envelope to send payment.

    See question 
  • Fines went up. Why?

    Speeding in VA. Guilty in absentia because I could not go to court. Original fine was $175 total. $6 per mile over (6*19 = $114) + $61 court costs. When I called the courthouse, they told me I was found guilty and total amount due is $246. Wh...

    Elliot’s Answer

    It seems to me that the best person to answer your question is not a lawyer, but the same person who told you the amount of the fines when you called the Courthouse. I suggest that you call that office again, and ask for a breakdown of the charges. Don't be argumentative or testy...simply ask for an explanation to help you better understand why the amount you were charged differs from your calculations. Good luck!

    See question 
  • The want to arrest my wife with no evidence.

    My wife got a medication prescription from her doctor, the same one she has got for over 6 months. The doctor messed up the prescription really bad. The doctor told my wife to use it any way. When we went to the pharmacy to get it filled for her t...

    Elliot’s Answer

    Although you have stated that "they want to arrest my wife", you have not indicated whether she has actually been charged with anything yet. In the event your wife is charged with some sort of drug offense, I strongly recommend that you contact an attorney immediately. The biggest mistake made by people in your situation is that they assume that the truth will bubble to the surface and everything will be okay. Unfortunately, the facts sometimes get twisted, and people accidentally make incriminating statements in the mistaken belief that they are helping themselves.

    See question 
  • Is a police from jackson nj allowed to issue a ticket in lakewood nj?

    is a police from jackson nj allowed to issue a ticket in lakewood nj?

    Elliot’s Answer

    Anyone (including people who are not police officers) can have a ticket issued by an officer in the jurisdiction where the offense occurred if there is probable cause for the issuance of that ticket. Therefore, while the Jackson police officer may not have been employed by Lakewood PD, he could have requested that a Lakewood Officer issue the summons based upon the information he provided. Chances are, if you examine the ticket closely, it was not actually signed by the Jackson Police Officer. He is probably only the "complaining witness."

    See question