Elliot S Stomel’s Answers

Elliot S Stomel

Cherry Hill DUI / DWI Attorney.

Contributor Level 14
  1. CarelessDriving+disregarding red signal+accident in Jersey City,NJ

    Answered about 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. New Jersey will send notification of those convictions to Pennsylvania DMV who in turn will assess points on your PA driving record. An experienced attorney may be able to have your charges reduced to a single 0-point violation which will have no impact on your PA license.

    1 person marked this answer as helpful

  2. Can i start divorce proceedings without letting my husband know about it?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Ronald Glenn Lieberman
    3. Andrew John Economos
    3 lawyer answers

    The answer depends on your definition of "starting the process." You can meet with a lawyer and prepare your strategy without letting your husband know.. However, once you formally file your Complaint for Divorce, you are required to have the pleadings served on your husband so that he can have an opportunity to respond. And by the way...yes, in New Jersey your attorney can serve your husband by mail.

    1 person marked this answer as helpful

  3. Does a landlord have to hold my security deposit in escrow?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Clifford L. Tuttle Jr.
    3 lawyer answers

    Your landlord does not have to deposit your security deposit in "escrow." He does, however, have to deposit it in an interest bearing account. You are entitled to know the name of the bank and the account number where your money is deposited.

    1 person marked this answer as helpful

  4. Does a landlord have to hold my security deposit in escrow?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Clifford L. Tuttle Jr.
    3 lawyer answers

    Your landlord does not have to deposit your security deposit in "escrow." He does, however, have to deposit it in an interest bearing account. You are entitled to know the name of the bank and the account number where your money is deposited.

    1 person marked this answer as helpful

  5. What can i do if my husband violates a seperation/parenting agreement, does not pay alimony or the mortgage as promised?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Ronald Glenn Lieberman
    3. Donald Lamar Cobb
    3 lawyer answers

    If your agreement has been reflected in a Court order, you can file a Motion for Enforcement of Litigant's Rights. While you do not need a lawyer to do so, a lawyer will probably know the most effective usage of words to make your motion successful. Furthermore, your motion can also include a demand for counsel fees based upon the fact that you would not have incurred those unnecessary expenses if your husband and complied with the provisions of the order. In the event your agreement has not...

    1 person marked this answer as helpful

  6. DUI in NJ June 2010

    Answered about 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Elliot S Stomel
    3. Greggory M Marootian
    3 lawyer answers

    I agree with Mr. Blauvelt's answer. Furthermore, because your DUI conviction would not be treated as a "criminal offense" in New Jersey, it should not be treated otherwise in your home state. I am often contacted by individuals seeking to "expunge" the record of a DUI conviction. The one good thing about a DUI conviction in New Jersey is that there is no need to have the record expunged because it is not a criminal offense. However, a conviction of a traffic offense in New Jersey does get...

    1 person marked this answer as helpful

  7. Do parents need to be contacted if a child is charged or summoned?

    Answered about 4 years ago.

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

    It is possible that the police simply wanted to scare your child away from the quarry, but the mere fact that a summons has not been served and the parents not called does not necessarily mean that ia complaint will not be filed. In New Jersey, it often takes several weeks before a juvenile complaint is prepared and served. Although the fact that you were not notified at all would lead me to predict that there will be no complaint, no one is better equipped to answer the question of whether a...

    1 person marked this answer as helpful

  8. Can I answer "no" to a criminal offense question if...

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Mark C Cogan
    2 lawyer answers

    If you have successfully satisfied the requirements of your conditional discharge, your charge was "dismissed." There never was any conviction entered in the first place. You can truthfully respond "no" to the question "have you ever been convicted of a crime." However, you should respond "yes" to the question "have you ever been arrested," because the record of the arrest will remain on your criminal record until it is successfully "expunged." Assuming you have no other arrests on your...

    1 person marked this answer as helpful

  9. Are NJ expungements recognized by FBI agencies (misdemeanor)?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Alan James Brinkmeier
    3. Ayuban Antonio Tomas
    3 lawyer answers

    You do not have to provide a copy of the court order to the agency. This is done automatically by the State of Jersey Attorney General's Office. In fact, once you have served the Order Granting Expungement on the Attorney General, that office usually responds with a letter confirming that it has initiated the necessary action to remove the information from the files of the Identification Division of the Federal Bureau of Investigation.

    1 person marked this answer as helpful

  10. Can municipal court say that they are not responsible to notify DMV to correct driving record?

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    Yes, the Court has an obligation to file the MF-1 card confirming the disposition of your case with the Motor Vehicle Commission. (It is no longer known as the Division of Motor Vehicles.) This notification is with respect to the ticket only, and if you were involved in an accident, the Court will not notify MVC that the accident did not occur. If you are having trouble getting the Court staff to go forward with filing the disposition card with the MVC, you should probably get an attorney...

    1 person marked this answer as helpful

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