Elliot S Stomel’s Answers

Elliot S Stomel

Cherry Hill DUI / DWI Attorney.

Contributor Level 14
  1. Can i drop my temporary restraining order before the hearing?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Ronald Anthony Sarno
    3. Ronald Glenn Lieberman
    3 lawyer answers

    You cannot drop the TRO before the hearing. At the hearing, you can make application to the Court to have the TRO "dissolved." If this is a one-time incident which resulted in no serious injuries, chances are pretty good that the Court will grant your application. However, if you have a history of doing this, the Court may be more reluctant to honor your request, especially if you were injured and the police express an independent desire to proceed.

    1 person marked this answer as helpful

  2. Is it legal to issue ticket approx after 3 and half months from the date of incident?

    Answered about 4 years ago.

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

    Yes, the deadline for "issuing" a summons for most traffic offenses in New Jersey is 30 days after the incident. There are a few exceptions: Driving while suspended: Up to 90 days after the date of the offense; Driving with no insurance: Up to six months after the incident; Driving while intoxicated: Up to 1 year after the commission of the offense; and Leaving the scene of an accident: Up to 1 year after the commission of the offense. The mere...

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  3. Who keeps the material items? Separated legal wife or person he lived with for many years.

    Answered about 4 years ago.

    1. Elliot S Stomel
    1 lawyer answer

    Based upon the way you have presented your facts, it appears that your instincts are leading you in the right direction. Everything your friend and his wife owned is/was subject to equitable distribution due to the fact that they were still legally married. "Equitable" means "fair" and does not necessarily mean "equal". The fact that he and his wife were separated for 8 years would probably be a good indicator that items (with the exception of a house) were already previously divided to the...

    1 person marked this answer as helpful

  4. Ways to lose your license

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Victor Wallace Carmody Jr.
    3. Charles Jeffrey Sifers
    4. Ted Harvatin
    4 lawyer answers

    In New Jersey, there are various reasons for a license suspension, and the sources of those suspension come from either the Courts or the New Jersey Motor Vehicle Commission (MVC). A judge (usually municipal court judge) can theoretically suspend your driving privilege for any moving motor vehicle violation. For example, if you were issued a speeding ticket for traveling at an extremely high rate of speed or a red light ticket as the result of an accident which caused serious...

    1 person marked this answer as helpful

  5. Married name ( Madein name)

    Answered almost 4 years ago.

    1. Patricia Faye Bushman
    2. Elliot S Stomel
    3. David Alexander Browde
    3 lawyer answers

    No, your married name is still your legal name. As part of the divorce proceeding you could have requested that the Court order you to be allowed to resume your maiden name. However, if you did not do so, you can still file an application with the court to change your name. This is usually a fairly simple proceeding. The court's primary concern is that the reason you are requesting the name change is not for the purpose of avoiding creditors or criminal prosecution.

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  6. Notice of arraignment

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Steven Ronald Kuhn
    2 lawyer answers

    An arraignment (sometimes referred to as a "rights hearing") is the formal reading of a criminal complaint in the presence of the defendant to inform him of the charges filed against him. At the arraignment, the judge also informs the defendant of his basic rights, including the right to be represented by an attorney. If the defendant cannot afford his own private attorney, an application is usually provided for him to complete to determine whether he qualifies for a public defender. The...

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  7. All people in car arrested for possession of marijuana that belonged to only one passenger.

    Answered almost 4 years ago.

    1. Elliot S Stomel
    2. Carmine John Giardino
    3. Jason Robert Rew-Hunter
    3 lawyer answers

    You do no need to be found in actual physical possession of marijuana to be found guilty of the offense. All of the individuals in a vehicle can be charged and ultimately found guilty of possession. This is known as "constructive possession." The key in your case depends upon whether the facts will confirm that you had no knowledge the marijuana was in the vehicle. If the passenger whose purse contained the marijuana intends to plead guilty and take responsibility, and the attendant...

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  8. Should i have a lawyer to fight a red light ticket?

    Answered almost 3 years ago.

    1. Elliot S Stomel
    2. Steven Fisher Fairlie
    3. Michael Andrew Burns
    3 lawyer answers

    You do not need a lawyer to fight a traffic ticket, but I strongly recommend that you contact one licensed in the State of Pennsylvania (assuming that is where your ticket was issued) who specializes in the area of traffic violations. That attorney will not only be familiar with the law, but will also probably be familiar with the specific policies of the Judge and Prosecutor in the court where you must appear. A knowledgable attorney will probably also be able to inform you of the...

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

    Answered over 3 years ago.

    1. Marcie Lynn Mackolin
    2. Ronald Glenn Lieberman
    3. Elliot S Stomel
    4. Howard Woodley Bailey
    4 lawyer answers

    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...

  10. What’s the procedure to dismiss my divorce lawyer?

    Answered over 3 years ago.

    1. Christopher Leon Garibian
    2. Thomas S. Durst
    3. Paul H Townsend
    4. Elliot S Stomel
    5. David Perry Davis
    5 lawyer answers

    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...

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