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Elliot S Stomel
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Elliot Stomel’s Answers

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  • What is the fee for not showing up to court for underage drinking?

    A friend got a ticket for underage drinking but didn't show up to court. A year later he gets stopped by the police and gets taken to jail. what is the fee to bail him out ?or what does he have to do to get out?

    Elliot’s Answer

    When an individual does not show up for court,the judge will sometimes hold the person in contempt and issue a bench warrant for their arrest. The judge will set bail in an amount that usually takes into consideration the amount of the fines the person will owe if they are found guilty of the charge, plus an additional amount for contempt as a result of their failure to show up on the original hearing date. I suggest that you call the jail to inquire whether bail has already been set. If so, you can go to the jail and post the bail to get your friend released. If not, your friend may need to wait until a judge sets bail.

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  • I was in an incident were I was charged with RECKLESS DRIVING, Leaving the scene of an incident, and some other minor charge.

    I received over 1000.00 in fines, and 90 hours community service. That was a year ago, I have not completed ANY hours due to my job and needing to work on my days off. The fines were paid immediatly in court the day of. I have now been called BACK...

    Elliot’s Answer

    You are being called back to court for failing to comply with the court's sentence. You were originally sentenced for simply failing to comply with the a state driving statute. Now you must appear in court for defying the order of the very judge who sentenced you in the first place. Being represented at this proceeding is just as important (if not MORE important) than being represented at the original hearing.

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  • In the state of NJ, will misdemeanor charges like theft show on a back ground check?

    Even tho surveilance video didnt show me shop lifting, mycaught myfriends. I was charged with three counts of theft or 90 days in jail and a $1,100 fine.

    Elliot’s Answer

    If you we're charged with a disorderly persons offense, the answer is "yes." If convicted, you will have to wait 5 years to expunge the record (assuming you otherwise qualify for an expungement.). Even if the charge is dismissed or you are found not guilty, the record of the arrest will remain on your criminal history until it is expunged by formal order of a Superior Court judge.

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  • What should i do to get my license back sooner? suspended! help?

    Ok so about a month ago I got stopped by a cop. He said my license was suspended I was confused and everything. I got two tickets. He said that I didnt have insurance on my car :0 And thats why I probably got my license suspended. I thought ti was...

    Elliot’s Answer

    Your facts are a little confusing, however it appears that the gist of the problem is that you are experiencing a double impact for the same problem. I am a local attorney (office in Cherry Hill). Feel free to contact me to discuss the situation in more detail. I may be able to help you get the knot out of your shoelaces.

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  • Can you receive a moving violation while you are stopped at a traffic light?

    My husband was stopped at a red traffic light in New York City. A cop on foot came over and issued him a ticket for using a cell phone. He was on the phone hands free and uses Siri to use the phone hands free. He happened to move the phone while h...

    Elliot’s Answer

    It sounds to me like you are more concerned about the points than the fine. I am confident that New Jersey will assess 2 points on your license for a moving violation received in another state; however, I am not so sure that you will incur points for a cell phone violation, due to the fact that it is a 0-point violation in New Jersey. Before you make yourself crazy, I would contact the New Jersey Motor Vehicle Commission to confirm whether you will incur points in this State for a cell phone violation incurred in another state.

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  • No record of Speeding ticket on the Online Court system

    I was issued a speeding ticket by a state police officer on 3/14/2012. It is now 4/10/2012(I've had a ticket before, and they tend to show up VERY fast on this system) and there is no record of my ticket at the online court system, nor does my nam...

    Elliot’s Answer

    I get the impression that you are hoping the ticket my have magically disappeared. I doubt whether this is the case. I am not saying that it cannot happen. It did happen once in my 34 years of practicing law (and that was long before today's computerized data entry systems). It is also possible that the state trooper may have not yet turned in the summons to the court. Unlike local police, who issue summonses only in their municipality, state police usually patrol a district or region that covers several towns. It sometimes takes a little longer for their summonses to get processed. I am sure your ticket/summons is floating around out there somewhere. If you simply stand by and ignore it, chances are it will raise its ugly head at the most inopportune time. I suggest that you reach out to the Court staff and let them know you are showing good faith by trying to resolve the problem. You may even wish to document your good-faith actions by sending a certified letter to the Court (just in case you later learn that a warrant has been issued for your arrest for failing to show up in court.)

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  • I have 2 speeding tickets in california and two warrants for not going to court can I get a lawyer to fix this

    I live in las vegas nevada how much would it cost me can I fix it with out going to jail

    Elliot’s Answer

    While I am not a licensed California attorney, chances are probably good that your tickets can be resolved without your having to spend time in jail. (The jails are already spilling over with murderers, rapists and drug dealers, and there is probably little room for speeders.) I suggest that you contact a California attorney located near the town where your tickets were issued. The attorney may be able to have your case placed back on the active list conditioned upon your posting bail. In most States, traffic Courts will allow people out-of-state violators to plead their cases by way of affidavit.

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  • Should i have a lawyer to fight a red light ticket?

    I recieved a red light ticket because i and some family were on the way to a family trip so it was a group of 4 cars including mines i was at the back of the group so i was trying to keep up with the group especially since my phone was dead so i d...

    Elliot’s Answer

    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 ramifications of your original charge (points, surcharges, etc.), and possibly get your charge dismissed or amended to a lesser charge with no residual impact other than the fine itself.

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  • Wrong name on ticket

    The officer had my license and still misspelled my first as well as my last name.

    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 reasonably placed on notice of the violation. In light of the fact that the officer issued the ticket directly to you, I think you will have a difficult time arguing that (based upon the spelling error) you did not know that it was you who was being charged.

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  • Can I have my ticket dismissed for wrong license plate and car make color model?

    SO the officer cited me for 2 tickets failure to stop and failure to use turn signal. But on both tickets info is wrong. And very wrong at that. can i have these tickets dismissed or at least fight it off for his very dumb errors?

    Elliot’s Answer

    While I am not licensed to practice law in your State, the following information usually applies: 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. If the statute number has been cited incorrectly, but the ticket states on its face that you have been charged with speeding 85 mph in a 70 mph zone, it probably passes the test and will not be dismissed by the Court on a technical flaw. Alternatively, if the ticket does not contain any verbal description of the charge other than the statute number, you may be on firmer legal ground. After all, how can you defend yourself when you don't even know what you're charged with? By the way, sometimes a Police Officer's handwriting may appear to be illegible, especially when you have only been provided with a carbon copy of the original summons. It is not entirely out of the question that what you perceive to be an error may actually be correct on the original ticket.

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