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Elliot S Stomel
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Elliot Stomel’s Answers

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

    My story is this my sister-in-law calls me friday nite to tell me my 12 year old son did inappropriate things to her son. To give u some back round my husband has been saying for years that her husband who is a police officer is a pedafile!!! I al...

    Elliot’s 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.

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  • Off duty county sheriff called and is mailing tickets

    My son was driving my vehicle. I was called by the county sheriff officer asking if I owned a particular vehicle, I said yes. He asked if I was driving my vehicle the evening before and I said no. He asked if I knew who was driving, I asked why...

    Elliot’s Answer

    I disagree with Mr. Blauvelt's answer. The case does not have to be listed for a court hearing within 30 days of issuing the ticket. The ticket has to be ISSUED within 30 days of the INCIDENT. If the tickets have already been issued, this is no longer an issue. I agree that you should not give any statement to anyone. You may want to retain an attorney to represent your interests in this matter and act as a buffer between you and the police officer and/or the prosecutor so that you do not come off as being uncooperative.

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  • Do I need to have my landlord charged with invasion of privacy in order to sue him? What is the statute of limitations?

    I caught our landlord looking into our bedroom window. I called the police, the officer informed me that I had two choices, first, was that I could ask to have our landlord charged with misdemeanor privacy invasion. The second choice was for the o...

    Elliot’s Answer

    Yes, you can have him charged. Another possibility is to seek a restraining order. As far as suing him goes, you would have to demonstrate that you have suffered damages that can be translated into monetary terms. I think you would have a difficult time getting an attorney to take that case.

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  • Is this considered defamation and do we have a case???

    My husband's ex-wife has been writing a weekly online column for a year. The articles discuss their marriage, divorce, etc. She has written extremely nasty and false statements about my husband and me (one example is when she called me another nam...

    Elliot’s Answer

    I think you might be missing the boat here. More important than the issue of whether you have a case for defamation is whether your husband has the ability to retrain her from continuing with behavior which is clearly not in the best interests of their children. I suggest that your husband consult with a matrimonial lawyer to discuss his options of how to compel her to discontinue writing negative comments and posting photos which may be harmful to his relationship with his children.

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  • Jurisdiction on traffic stop, unreliable communication

    I was driving in Monroe county WI down a county road, when I failed to notice a speed trap. 55mph down to a short 45mph followed by a 55mph. A couple discrepancies I wanted to clear up before my court date. Firstly during the traffic stop the offi...

    Elliot’s Answer

    With respect to the officer's inconsistent communication regarding the speed limit at the scene, the controlling factor is not what the officer told you, but the actual speed limit of the roadway in that location. As to the issue of jurisdiction, the officer can pursue you into the next county and still charge you with the offense he observed in the original county.

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  • Can I have a citation dismissed for not being properly filled out?

    Got a speeding ticket but the citation is missing the badge number of the officer, the wrong type of vehicle has been noted as non commercial but it is commercial. Have yet to get bill in mail but today got notice of correction badge number added.

    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. Furthermore, most summons can be amended to correct or add certain information. If the summons lacked the officer's badge number, this information can probably be corrected; however, if the officer failed to sign the ticket, this would probably be a fatal defect which would result in a dismissal of the charge.

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  • I wanted to ask if the property that was purchased when single will be split among the party after the divorce.

    also the gift from parents when single and buying the property will be split among the partied during divorce

    Elliot’s Answer

    The general rule of thumb is that all assets or interest in assets accumulated during the course of the marriage are subject to equitable distribution. So, to the extent the property has increased in value by virtue of inflation and reduction of mortgage principle, that increase in value is subject to being divided between the parties. For example, if on his wedding day a man owns a home valued at $100,00 with an outstanding mortgage of $80,000, his equity is $20,000. If at the time of divorce the value of the property has increased by $10,00 and the mortgage has been reduced by $10,000, the wife would "share" in the $20,000 increase in equity. It is not uncommon in today's real estate market for the value of the property to be less than it was a few years ago. As a practical matter, the equity in the property has probably decreased unless we are talking about a very lengthy marriage here.

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  • Email

    Can an email correspondance discussing dollar amounts to provide a service be a binding agreement, even though theres no contract or signed contract?

    Elliot’s Answer

    You have not provided enough facts in order for anyone to properly answer your question.

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  • Can I legally break my lease due to change in family status?

    I was just awarded custody of my niece & nephew, both under 3 years. My current apartment is way too small to accommodate my new family. My mother takes care of them during the day while I'm working. I have to drive a long distance from my curre...

    Elliot’s Answer

    Your niece and nephew did not suddenly drop in from out of the sky. You state you were "awarded custody." You must have made some formal application with the Court to do so, and I am sure that you were aware of your legal obligations under your lease when you did. Now that you have succeed, you must still honor your contractual obligations under the terms of the lease.

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  • If my son is 18 and has the right for longer child support,do I must to pay it to his hands?

    Before hi was 18,I sent child support to his mather.

    Elliot’s Answer

    You still must pay child support to his mother.

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