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Lee Jay Eidelberg
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Lee Eidelberg’s Answers

263 total


  • If anyone is arrested and charged with second degree assault, no prior criminal history, what are chances of going to jail?

    No prior criminal history, non abusive individual, work history is great, have children, will appear in court on time on scheduled hearing date. What are the chances of the charges being dropped? Can it be dropped? Fiance (in this case the victim...

    Lee’s Answer

    Once criminal charges are filed, the alleged victim may provide input to the State concerning her desire to pursue or forego prosecution, but it's the State's call to make. Had you been married, a one time spousal immunity could have been invoked to avoid prosecution - not applicable here. Certainly, taking into account the alleged victim's wishes and providing there was no aggravating circumstance surrounding the incident, i.e., open wounds, significant bruising, documented medical treatment, etc., I would surmise that your chances of being incarcerated upon conviction are minimal. However, the specific facts and circumstances of cases like this have a direct bearing on how they are handled by the State and disposed of by a Judge. I would urge you to consult with a qualified criminal defense lawyer, who might well recommend - if circumstances warrant - that you consider some type of anger management program in advance of any court date. Doing so could demonstrate your contrition and appreciation of the potential severity of the matter, so that a dismissal of the case could be justified..

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  • After three years, do (minor) traffic violations come off MD Judiciary Case Search?

    Or do I have to file for expungement?

    Lee’s Answer

    The violations will remain on case search, despite the fact that the MVA will automatically expunge your driver record 3 years after a conviction, provided you have not been convicted of another moving violation or criminal offense involving a motor vehicle during the previous three years; and your driver's license has never been suspended or revoked; and you have never been convicted of, or been granted PBJfor failing to remain at the scene of an accident resulting in bodily injury or death; or, driving while intoxicated, driving under the influence, or driving impaired; or, a violation that is identical to or substantially similar to those listed above.

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  • I live and have a license in PA. Got a speeding ticket in MD. Will points transfer and will it go on my record?

    I am a PA licensed driver and live near the mason dixon line, I got the ticket in Maryland on my way to work one morning 100 in a 55 on my motorcycle. Wondering if I should just suck it up and pay the fine and it won't affect my driving record or...

    Lee’s Answer

    Both Maryland and Pennsylvania are members of the Driver's License Compact and they will report to the other any traffic offense committed by their respective licensed drivers in a Member's state. However, a "conviction" for a minor traffic offense, such as speeding will not result in points transferring from Maryland to Pennsylvania, unless you hold a CDL, inapplicable in your case. If you pay the ticket, you have plead guilty and the offense will be reported from MD to PA without pts. transferring. If you request a waiver hearing, the best you can do is plead guilty with an explanation, either in person or through the appearance of an attorney. You will be unlikely to avoid a conviction, although a Judge could elect to reduce the speed violation, would could effect the amount of the recommended fine for the offense. if You request a trial and the Trooper/Officer does not appear, you can be acquitted of the charge for lack of evidence. Again, your appearance for trial can be in person or through counsel.

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  • I have a Maryland drivers license and it got suspended in state of New Jersey for DUI. Will Maryland MVA suspend me aswell?

    If Maryland Drivers License gets suspended in New Jersey for DUI will Maryland also suspend my license? If yes then should I surrender my license to MVA? How can I get the license back after my suspension period?

    Lee’s Answer

    Maryland and NJ are members of the Driver's License Compact. If you received a DUI in NJ, Maryland will be notified of the offense pursuant to the DLC and will likely suspend your driving privileges pursuant to terms and conditions applicable as if the offense occurred in Maryland. You should consult with an experienced Traffic Attorney to discuss your rights and remedies at greater length.

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  • Is my lawyer exaggerating the legal process because he's not really working my case?

    I ingested an unidentifiable prescription drug that was buried in an ice cream sundae purchased by a fast food restaurant and was transported to the ER Department as possible overdose along with the partially chewed capsule for identification. The...

    Lee’s Answer

    The resolution of negligence/bodily injury claims are often protracted in nature and can take years to resolve. The explanations of your attorney are not necessarily unreasonable and circumstances can exist where settlement negotiations are prolonged or assigned liability adjusters are changed, reassigned, etc. The lack of communication between an attorney and client is oftentimes at the heart of a client's discontent. I strongly encourage you to make an appointment with your attorney for a personal consultation during which all of your questions and concerns can be addressed. If you are not satisfied with the answers you receive, you always have the prerogative to consider another attorney. However, I would not act in haste and make an informed decision after your attorney has had an opportunity to respond to your concerns.

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  • Probation question

    I'm on supervised probation . I have to take an abused persons program ( app ) Do you think I would be allowed to go on vacation to California ??? What would I need to do to make that happen?

    Lee’s Answer

    The best thing to do would be to contact your probation agent to discuss the situation. Absent specific conditions/restrictions concerning your remaining in the State, I suspect you can either make arrangements with your agent or petition the court to modify your probation, which can be done anytime during the course of your probation pursuant to Md. Rule 4-346(b)..

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  • I have a CDs distribution charge from December 2011 was guilty of I want to try and get expungement could I?

    I was charged and found guilty December 2011 I served my probation and been over for year now!

    Lee’s Answer

    No, unfortunately, convictions - or guilty findings - are not subject to expungement, absent a pardon from the Governor, which is an extraordinary circumstance.

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  • Question about probation

    If I get a probation , am I allowed to leave the state of Maryland of a lawyer talks to the prosecutor? Or whoever he talks to? Or is it a definite no you can't leave the state

    Lee’s Answer

    This is a matter to be addressed between you and/or your attorney with your probation agent. Ordinarily, one is not required to remain in-state during a period of probation.

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  • PBJ Question

    I recently received a PBJ for DUI. I am on month 3 of 12 months unsupervised probation. I understand that once my probation is successfully completed, I can honestly answer "No" if asked about a conviction. Is this correct? When applying for a ...

    Lee’s Answer

    Since you received PBJ, you were not "convicted" of DUI and the answer to the question posed is not dictated by whether or not you have completed any probation associated with that disposition.

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  • Is it the unauthorized practice of law if a paralegal engage in settlement negotiation with an Insurance Adjuster?

    This is a hypothetical scenario. P is involved in an automobile accident with D. D is at fault and was charged with failing to yield the right of way. D's insurance company contacts P but P does not return D's insurance company phone calls to disc...

    Lee’s Answer

    I take a slightly different view from that of my colleagues who have posted responses. I submit it is not the unauthorized practice of law to have a family member, be it a paralegal or otherwise, assist a lay person in drafting a settlement demand letter, provided of course there is no representation, implied or otherwise by the paralegal, that they are an attorney. If, however, the paralegal is preparing such a demand letter on the letterhead of an attorney for whom the paralegal works and then engages in negotiations, such conduct would give the appearance of the unauthorized practice of law.

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