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Eric Edward Rothstein

Eric Rothstein’s Answers

39,027 total


  • 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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  • my question is, is the recording I have enough to charge him with adultery, and If so, is he still entitled to half of my asset

    My husband who I've been married to for 13 years and have a child with was unfaithful to me on numerous occasions. I recorded him admitting to his numerous affairs, he even told me that I could record him. I have a home which I purchased before I...

    Eric’s Answer

    New York is a no-fault divorce state so you don't need to prove grounds for a divorce such as adultery.

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  • How to I find out about inheritance for my father who lived in Puerto Rico

    My father recently passed away but he lived in Puerto Rico, ..I love in ny, .we need help finding out about his will or whatever he had there, ..duno if he was remarried legally or so married to my mom? , also he was a vet, .what is my mom still e...

    Eric’s Answer

    Consult with a probate lawyer in Puerto Rico.

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  • Our daughter was conceived February 2013...is the violation a misdemeanor?

    I have an order of protection against me given to me by a criminal court judge September 26,2011 from the mother of my children towards me to be in affect until 2019. We had a daughter born October 18,2013 making time of conception February 2013. ...

    Eric’s Answer

    This would likely be a misdemeanor and therefore too late to prosecute. The felony requires threats, etc.

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  • Do violations give you a record

    Do violations ever give you a criminal record? I received a summons and all over the summons it says violation everywhere. What I did was a misdemeanor in law I believe but the paper (summons) says the words violation

    Eric’s Answer

    A violation is not a crime so it cannot give you a criminal record. Do not go by the wording. Go by the statute you are charged with violating. It should be listed.

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