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Eric Edward Rothstein

Eric Rothstein’s Answers

39,002 total


  • What should I do about this

    Was wondering if it's legal to make my 15 year old daughter take a breathalyzer test at school because a student that don't like her told office she was drunk just to try get her in trouble. The school never even contacted me and won't even answer...

    Eric’s Answer

    This is odd. Did your daughter's breath smell like alcohol? Were her eyes blood shoot and watery? Was she unsteady on her feet? You might want to file a complaint with the Administration/School Board if the answers are NO.

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  • Do I need a NJ lawyer or can I use NY bc we were married in NY state.

    I need a divorce from my husband. He has just served me papers but we have been separate for 2 years . I live in NY and he lives in NJ. We were married in 2009 in NY state.

    Eric’s Answer

    Use a lawyer admitted to practice law in the State where the case was filed.

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  • Can I still press charges?

    4 years ago 2012 between the months on January and February. My house was broken into by several high senior high school students including one faculty member. I never charged the individuals however, I simply let it go. can I now 4 years later p...

    Eric’s Answer

    It depends on the reason they broke in. If the facts support a burglary charge you can try to file a police complaint but don't be surprised if the police either don't take the report or don't do anything unless you have some evidence to corroborate your allegation because so much time has passed.

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  • Do I have a case when a steroid injection caused me to have glaucoma surgery and double vision, relying on prism glass to preven

    I had an eye steroid injection in march by a doctor to treated a black spot in the back of my OD eye.The injection was to remove the black spot but instead it has caused me to have an eye vision from 20\50 to an vision of 20\400,also cause me an e...

    Eric’s Answer

    You may have a case. Consult with a medical malpractice lawyer ASAP. Do you have your records?

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  • Can I sue for pain and suffering loss of wages ect

    I found out last week that I'm 4months pregnant I had the nexplanon implant in my arm since November I have seven kids that I'm struggling with the youngest is 6 months I am not ready for another child I have diabetes bad and I was on an insulin p...

    Eric’s Answer

    You can not sue for wrongful birth unless there are exceptional medical costs to raise the child caused by a medical problem.

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  • Can I get credit for jail time completed in Madison, NY county jail for a warrant issued on CA?

    I was arrested in NY for warrant issue on CA and I still have not been able to get reply from CA.

    Eric’s Answer

    Not likely unless you can get the Judge to sentence you nunc pro tunc.

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  • What should I do?

    I worked for a small company and had a company credit card, I had a lot on my mind and accidentally, used the business card for 2 personal use things. Didn't even realize it because my card looked just like my debit card. My boss flipped out and f...

    Eric’s Answer

    Filing a police report is synonymous with filing a complaint. It does not mean the police have to arrest you but it is a possibility. Do not make any statements to the police.

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  • Can I be held criminally liable? Should I appear to the appointment with representation?

    I received a letter from HRA regarding SNAP benefits received. They claim that I didn't report a marital status change. However, I did get married but broke up shortly thereafter (have not yet filed for divorce). I am being investigated for funds ...

    Eric’s Answer

    You can be prosecuted. I have handled several of these and have been able to resolve the case without an arrest.

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  • In which county do I file for small claims?

    A person stole a check from County A and cashed it it County B. The criminal also lives in B where it was deposited (without an endorsement). At the time I was living in County A but currently reside in another county. (I never had a permanent add...

    Eric’s Answer

    Generally, a Small Claims case gets filed in the County where the defendant works or resides. Have you reported this to the police? You might get restitution as part of any plea deal.

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  • Can a violation petition for an Order of Protection be filed after the Order has been dropped?

    I split up with my spouse in November, 2014 and she filed a temporary order of protection against me. The order of protection was subsequently dropped in July, 2015. We are now in an argument regarding child visitation and she is saying that she...

    Eric’s Answer

    Yes - so long as the Order was in effect at the time of the alleged violation.

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