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Lee Jay Eidelberg
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Lee Eidelberg’s Answers

268 total


  • Will I have to go to jail if this is my first offense like this and all fines are payed for?

    I was pulled over for a tarifc violation. The cop had informed me my license was suspended for failing to pay a $50 seat belt fee from months prior.i was not aware. Since then I have payed my ticket and my license is in suspended. I'm being told I...

    Lee’s Answer

    While the maximum penalty for driving suspended in your instance does call for incarceration, I believe it highly unlikley, absent a very poor driving record, that the State would recommend, or a Judge consider, incarcerating you for the offense, particularly if yoiu have paid the underlying violation that caused the suspension in the first place. That being said, you should definately consider hiring an experience traffic attorney who can make contact with the assigned ASA in advance of your trial, provide the documentation concerning resolution of the seat belt offense, and engage in pretrial negotiations to assess what your likely exposure to punishment might be.

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  • The DA filed to have my stetted case reopened, and the request was granted within hours. Irregular?

    Isn't my attorney supposed to have two weeks to respond?

    Lee’s Answer

    A stet can be opened within one year of its entry for any reason or no reason - either by you or the State - so there is no obligation that action by the court be delayed subject to the filing of any response to such a request. Only after the first year, for the next two years, can the stet be reopened only upon a showing of good cause, a matter which might be challenged by an opposition.

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  • Should I get a lawyer?

    I was rear ended sitting at a red light by a state trooper on 9/10/15. They are still dragging there feet on getting me the right paper work. I finally just got told that they are going to total my car, 2.5 months later! Is this a lawsuit? They do...

    Lee’s Answer

    in lieu of pursuing your property damage through the State of Maryland, you have the option of filing a claim against your own insurance policy. Presumably, your own carrier would settle the value of your loss - less your property damage deductible - and then subrogate its claim for reimbursement against the State of Maryland. Once successful, your deductible will be returned to you by your carrier. Of course, the specifics of your situation could dictate another course of action, but filing suit against the State for your property loss, as opposed to seeking compensation through your own insurance policy, could prove even more time consuming and expensive.

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  • I got speeding ticket in Steuben county/NY. I don't know if I should plead guilty or not. I get error message when tried to pay

    Can i get some help. Thanks.

    Lee’s Answer

    NY and Maryland are part of the Driver's License Compact. However, Maryland will not assess points against your driving record for an out-of-state NY speeding conviction. The occurrence of the offense will be reported to NY and can appear on your driving record. So, paying the fine will result in a conviction, to the extent that the offense (not the associated pts.) appears on your driving record. As a practical matter, the time, inconvenience and expense of fighting the ticket may not be worth the consequences of simply paying the fine associated with the violation.

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  • I plead not guilty to a charge and it was later dropped, but my record shows a nolo plea.

    I posted this yesterday but have more information. It was in 2002 for false statement. In court I remember pleading not guilty and the case was dropped. I a recent interview for the Sheriff Department I found out I have a nolo plea. I got a co...

    Lee’s Answer

    NP morel likely stands for nolle prosequi, which is a dismissal and consistent with your original belief that the case was "dropped." You can petition for expungement of the record so that it is inaccessible to public discovery and won't come up during routine background checks. I don't know what the basis is for your belief that a "nolo contendre" plea is reflected on your record.

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  • 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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