Elliot S Stomel’s Answers

Elliot S Stomel

Cherry Hill DUI / DWI Attorney.

Contributor Level 14
  1. If had an argument with a cop so can I still get Bargain plea?

    Answered about 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Elliot S Stomel
    2 lawyer answers

    You can apply for a public defender if you can convince the court that you cannot afford your own private attorney AND if the charge is one that has a consequence of magnitude, i.e. significant fine, suspension of driving privilege or jail. If it is not a serious violation that will not result in a consequence of magnitude, the Court will deny your application for a public defender; however, you will have the opportunity to talk with the prosecutor before your case is heard to discuss the...

    1 person marked this answer as helpful

  2. My insurance card expired and was told to appear in court to show the judge the current one. Do I still pay court fees?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Lawrence Charles Kroll
    2 lawyer answers

    N.J.S.A. 39:3-29 states: "If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before who he is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs. " If your insurance card was in effect on the date the date the summons was issued, the court should dismiss the...

    1 person marked this answer as helpful

  3. Consequences for finding a small amount of mariuana in my bag as a passenger in car

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    The law in New Jersey provides individuals with one opportunity to avoid a conviction for simple possession of marijuana. This diversionary program is known as a "conditional discharge." Certain conditions must be met in order for an individual to qualify for a conditional discharge. The guidelines for obtaining a conditional discharge for the offense of possession or use of marijuana or drug paraphernalia are contained at N.J.S.A. 2C:36A-1. This law covers not only disorderly persons drug...

    1 person marked this answer as helpful

  4. Is there a statute of limitations on Credit card fraud?

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    The statute of limitations for a theft-related offense for the amount in question is 5 years. Unfortunately, your ability to file a criminal complaint has long since expired. You can sue the individual in Special Civil Part in the county where she resides; however, if you don't know where she lives, you will not be able to serve her with the summons and complaint, and you may have to write off your debt by virtue of its being uncollectible.

    1 person marked this answer as helpful

  5. PTI Apply before Discovery available?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Savyon Grant
    2 lawyer answers

    I would definitely recommend applying for PTI before discovery is received. Although you may be denied admission due to the nature of the charge, I would still make application at this time. At worst, you will be out your $75 application fee if you are denied admission. Since you have a situation which does not automatically qualify you for admission to the PTI Program, I suggest you get an attorney involved to represent your interests. An attorney may have a few insights on how to approach...

    1 person marked this answer as helpful

  6. Can Pretrial Intervention be completed in another state other than the one you were honored it in?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Owen David Greenberg
    2 lawyer answers

    There is no reason why your PTI probation cannot be transferred to the State of Washington as long as you demonstrate to your probation officer that the reason you are moving there is not for the purpose of avoiding the criminal proceedings pending in New Jersey.

    1 person marked this answer as helpful

  7. Once a case has been thrown out of court, will it still show up in a background check?

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    If the charge is dismissed, a criminal background check will still contain a record of the arrest (although it will also reflect that there was no conviction). You can make application for an expungement of the record of arrest. An expungement is not a simple procedure. While there is no law that requires you to be represented by a lawyer in an expungement proceeding, many of my clients who come to me have tried to go through the process themselves and eventually became so confused and...

    1 person marked this answer as helpful

  8. What are chances I can lower my careless driving ticket in NJ without a lawyer?

    Answered over 4 years ago.

    1. Elliot S Stomel
    2. Lawrence Charles Kroll
    2 lawyer answers

    You do have a dilemma. You seem to acknowledge you are guilty of the violation, you can't afford the points, you can't afford the fine for a 0-point violation, and you can't afford an attorney. Something's gotta give somewhere! Let's see what we can do... First, if you have used the "unsafe operation" downgrade only one time previously, you can still use it one more time without the being penalized with points. You already have 5 points on your license, and you will start to incur...

    1 person marked this answer as helpful

  9. Should I take my fiance's last name when we get married?

    Answered over 4 years ago.

    1. Andrew John Economos
    2. Susan M Rumpf
    3. Elliot S Stomel
    4 lawyer answers

    Whether or not to take your fiance's name when you get married is a personal decision. Your identity will be determined not solely by your last name, but by other variables such as your social security number and your date of birth. While I respect your concerns, please bear in mind that thousands of people get married every week and assume their spouse's last names. I do not know your fiance's last name, but I am certain that he is not the only one with that particular surname. Furthermore,...

    1 person marked this answer as helpful

  10. CarelessDriving+disregarding red signal+accident in Jersey City,NJ

    Answered over 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    You should NOT plead guilty to these offenses. Each of the violations for which you were cited are 2-point violations in New Jersey. New Jersey will send notification of those convictions to Pennsylvania DMV who in turn will assess points on your PA driving record. By virtue of the fact that there was an accident, the Prosecutor may be reluctant to downgrade your charges without first having confirmed that the other driver has been sent notice of the hearing date. (Sometimes the Court will not...

    1 person marked this answer as helpful

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