Eric Edward Rothstein’s Answers

Eric Edward Rothstein

New York Criminal Defense Attorney.

Contributor Level 20
  1. How do I fight comparative negligence law in auto accident small claims court?

    Answered almost 2 years ago.

    1. Anthony A. Ferrante
    2. Eric Edward Rothstein
    3. Yefim Rubinov
    4. Jayson Lutzky
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Under NY law, the car that stuck you in the rear is presumed negligent and will have to give a non-negligent explanation for why the accident took place. The most often given is the car in front made a short or sudden stop. Judges usually reject that defense. Another popular (and more successful) one is that the lead car suddenly changed lanes directly in front of the car causing it to rear-end the lead car.

    13 lawyers agreed with this answer

  2. I have a refusal hearing scheduled at the DMV. A paralegal has offered to represent me for free. Is this ok?

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. Eric Edward Rothstein
    3. Steven Marc Raiser
    4. Benjamin J Lieberman
    5. Joseph A Lo Piccolo
    6. ···
    9 lawyer answers

    No. Only a lawyer duly admitted to practice law in the State of New York can represent you. The paralegal would actually be committing a crime - the unlicensed practice of law.

    13 lawyers agreed with this answer

  3. Too late to hire private criminal defense lawyer?

    Answered almost 2 years ago.

    1. Eric Edward Rothstein
    2. Joseph A Lo Piccolo
    3. John L Ponzini
    4. Michael Lewis Marley
    5. Joshua Sachs
    6. ···
    7 lawyer answers

    It is not too late to hire a private lawyer. Private lawyers such as myself carry a much smaller case load so we have more time to devote to the client and their case. I handle cases like yours all the time.

    Selected as best answer

  4. Do most Prosecutors care if you take a case to trial? Does this make the Proecutor more likely to give one a better deal?

    Answered almost 2 years ago.

    1. Eric Edward Rothstein
    2. Howard A. Schwartz
    3. Michael Lawrence Doyle
    4. Jeffrey Jose Estrella
    4 lawyer answers

    It depends what County you are in. In Queens for example the DA wil not make an offer after indictment. In other places offers can get wrose or get better as the case moves along... it often has to do with the strength of the DA's case.

    Selected as best answer

  5. What should i do? do i need a criminal AND personal injury attorney?

    Answered about 1 year ago.

    1. Andrew Lawrence Weitz
    2. Craig A. Post
    3. David Ian Schoen
    4. Eric Edward Rothstein
    5. Brian C. Pascale
    6. ···
    11 lawyer answers

    You should call the police. You need a personal injury lawyer. Have you received any treatment?

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have a hearing in the no insurance unit in hempstead ny i was a babysitter who got hurt on the job torn achillies the person

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Vel Belushin
    3. Daniel Nelson Deasy
    4. James Andrew Mcglynn
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    I suggest you retain a WC lawyer.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can my aunt legally hide a last will from her deceased husband's children? (Will, Probate and Death)

    Answered about 2 years ago.

    1. Eric Edward Rothstein
    2. Michael T Millar
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    5. Marisa Andrea Corvisiero
    5 lawyer answers

    It doesnt matter what she thinks. She must tell the kids where the will is. If she doens't, under the Surrogates Court Procedures Act, the kids may summon and examine the Court can order her to give the information. If she refuses, she can be held in Contempt of Court and perhaps jailed.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Summary Judgment Motion Deadline.

    Answered about 2 months ago.

    1. Eric Edward Rothstein
    2. Jonathan R. Miller
    3. David J. Hernandez
    3 lawyer answers

    The only deadline kicks in after the Note of Issue is filed and then it is between 30 and 120 days depending on what the Judge orders.

    Selected as best answer

  9. Can I Sue The Person Who Hit Me (I Was A Pedestrian) If Their Insurance Coverage Is Only $25,000 And My Injuries Are More?

    Answered 9 months ago.

    1. Brian C. Pascale
    2. Eric Edward Rothstein
    3. David Herman Hirsch
    4. Robert Lewis Fellows
    5. Richard Todd Rosenstein
    6. ···
    16 lawyer answers

    You can go to trial and spend money on a doctor but the defendant can file for bankruptcy.

    12 lawyers agreed with this answer

  10. If an uninsured parked car gets hit by another car . Does the uninsured driver still get compensated

    Answered 12 months ago.

    1. Brian C. Pascale
    2. Eric Edward Rothstein
    3. C. Donald Briggs III
    4. Anthony J. Pietrafesa
    5. Jason Todd Studinski
    6. ···
    9 lawyer answers

    You can sue the other driver for your property damage or try to settle pre-suit with his insurance carrier.

    12 lawyers agreed with this answer