Skip to main content
Elliot S Stomel
Avvo
Pro

Elliot Stomel’s Answers

625 total


  • Is there a time limit on how long one can pursue the return of an engagement ring

    Would an email stating that the ring was an UNCONDITIONAL gift hold up in the state of New Jersey when trying to NOT return the engagement ring after the breakup

    Elliot’s Answer

    Your question is unclear. Who sent the email stating the ring was an unconditional gift?

    See question 
  • My 17 yr old son asked his Dad not to bring his new girl to his fball game & he did anyway.Dad doesn't listen does son have rgts

    My 17 yr old son asked his Dad not to bring his new girlfriend to his football game & he did anyway.Dad is selfish and thinks only about himself. He constantly tries to force her on him. He wrote him a note asking not to do this. Can my son ha...

    Elliot’s Answer

    While your son's Dad may be exercising poor judgment in bringing his girlfriend to the game (especially over your son's objection), there is no law that prohibits him from bringing her. As long as his girlfriend's behavior is within the bounds of the law and is non-confrontational, she has just as much right to attend the game as any other member of the public. Sorry!

    See question 
  • Additional Costs

    In addition to legal fees, cases have additional costs - copying, postage, messenger service, etc. Are these costs ever challenged and if they are, is the client ever successful in getting them reduced. Those costs are 10% of my substantial bill.

    Elliot’s Answer

    The answer to your question lies in your Retainer Agreement. Chances are your signed some kind of fee agreement letter when you retained your attorney. The agreement should reflect whether you are responsible for filing fees, postage, photocopying expenses (and at how much per page), as well as any miscellaneous expenses such as a courier service. These fees can be quire substantial, especially in divorce cases. The client is usually held responsible for these expenses, and if your attorney can document them, you probably have a slim chance of getting them reduced.

    See question 
  • I was arrested in a domestic violence case in New Jersey

    My girlfriend was upset that I wanted to move out and she started the fight. I punched her back resulting in a bruised face. 3 hours latter she called her daughter in Texas, the daughter told her father ie. my girlfriend's ex-husband who the calle...

    Elliot’s Answer

    These types of cases are very fact-sensitive. The outcome of your case will largely depend upon the philosophy of the specific judge and prosecutor assigned to the case. I strongly recommend that you contact an attorney to help you tip-toe through the minefield that has been laid out in front of you. If this matter is handled properly, you may be able to have this matter dismissed.

    See question 
  • Recently I got a speeding ticket and all info on it is correct, but when I went to internet site www.njmcrdirect.com to pay my l

    Recently I got a speeding ticket and all info on it is correct, but when I went to internet site www.njmcrdirect.com to pay my last name was misspelled. Can I fight this ticket and how?

    Elliot’s Answer

    The purpose of a traffic summons is to place the violator on notice of "Who did what, when and where?" It is a common misconception that a ticket will get "thrown out" because of a minor defect, such as describing the vehicle as "black" instead of "navy blue." The fact that your name is misspelled is not a fatal defect and will not be a basis for a dismissal unless it is your position that you were not the driver of the vehicle who received the ticket. However, if you make this argument and the officer appears in court and positively identifies you as the driver, you will then have a problem alleging this defense as well.

    See question 
  • What is a crime of the Fourth degree

    caught shoplifting @ Kohls first time every doing something like this

    Elliot’s Answer

    The New Jersey criminal justice system does not use the terminology "felony" and "misdemeanor." New Jersey uses the term "disorderly persons offense" to describe what people commonly think of as a minor offense (or "misdemeanor"). It uses the term "crime" to describe what people commonly think of as a serious offense (or "felony"). Disorderly persons offenses are heard in the Municipal Court, while crimes are heard in the Superior Court. There are four levels of crimes in New Jersey ranging from 1st degree to 4th degree (1st degree being the most serious). If you have been arrested for shoplifting merchandise worth $200 or more, you have been charged with a crime of the 4th degree, If convicted, you can be incarcerated for up to 18 months. I strongly recommend that you consult with an attorney immediately. If this is your first offense, there are various options that might be available to you, and the right lawyer will be able to direct you to a result which could leave you without a permanent criminal record.

    See question 
  • Is there anyway I can get my license earlier than the suspended date or does NJ offer a work license which allows you to drive?

    Hello my name is Michael Moran. I ran into some trouble with the law by getting a couple of DWI's within a month's time frame. Since than I was placed on Drug Court which I'm sure you're familiar with but if not it is perhaps the most intense prob...

    Elliot’s Answer

    Unfortunately, New Jersey does not offer any kind of restricted work license or conditional license. Sorry! By the way, in the future, do no use your name when asking legal questions on the internet.

    See question 
  • If I got a ticket for dui and blew a .07 what will most likely happen if i plead not guilty in n.j.

    I left a bar and had gotten pulled over two minutes after by sheriffs officer. was arrested for dui an di blew a .07, what will most likey happen if i blew under the limit and plead not guilty in the state of nj?

    Elliot’s Answer

    In New Jersey, you are automatically guilty of DUI if your blood alcohol concentration (BAC) is .08% or more. However, please bear in mind that you are not automatically "not guilty" if your BAC is under .08%. The State can still try to prove you guilty based upon the arresting officer's observations of your ability to walk, talk and perform various balance tests. If your BAC was .07%, you should definitely retain an attorney to represent you to insure that you do not find yourself getting convicted unnecessarily.

    See question 
  • We were engaged for a year and she left me and now wont give me back my ring ...how do i get it back

    my ex fiance left me and wont return my 5,000.00 ring . she keeps making excuses up and now all of a sudden it is "lost" or she "threw it away".can i take her to court in new jersey?

    Elliot’s Answer

    In New Jersey, an engagement ring is considered to be a conditional gift made in anticipation of marriage. If your fiance broke off the engagement, you should be entitled to have the ring returned. Please bear in mind, that her failure to do so would not result in a criminal violation, but would be more akin to a civil action claim for breach of contract, and you would essentially be suing her for the value of the ring, i.e. $5,000.00.

    See question 
  • If I have a license in nj and mo, but the nj one gets revoked, do I lose my Missouri one too?

    I had a lapse in nj insurancefor a few weeks without knowledge of it and the town is trying to take my license for a year, regardless of the fact that I have no other tickets or offenses on my record.

    Elliot’s Answer

    Theoretically, you cannot legally have a license in more than one state. When you became licensed in the second state, you should have surrendered your license from the first state. You have not indicated which license was issued first, so I will give you both possibilities. If you were licensed in Missouri first, then you are not legally license in Missouri anymore, and your New Jersey in-court suspension will leave you without a license anywhere; however, if you were licensed in New Jersey first, then that license was technically surrendered when you became licensed in Missouri, and your New Jersey no insurance conviction resulted in the suspension of your privilege to operate a motor vehicle in New Jersey. New Jersey has no authority to take your MIssouri license. It may not be too late to avoid a suspension altogether. I strongly recommend that you immediately consult with a licensed New Jersey atorney who specializes in defending traffic tickets.

    See question