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Elliot S Stomel
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Elliot Stomel’s Answers

625 total


  • What does "pertaining to the child" include? (Family Law, New York)

    There is an Order of Protection that only allows email that "pertains to the child". What all does this cover? For example, does it cover talking about child-related family court issues? How about trying to reconcile? (The thinking involved is ...

    Elliot’s Answer

    Emails that "pertain to the child" are strictly limited to child support and parenting time arrangements. For example, "I might be little late picking up Tommy because I have to work late tonight. Is 6 p.m. okay?" OR "I was just given two tickets to the football game. I know it's not my regular visitation day, but I think he will enjoy it. Please let me know." OR "Tommy left his baseball glove at my house. Is it okay to drop it off?" Use of emails to discuss reconciliation or other issues about what you perceive to be your relationship with your ex are not permissible (even if you think getting back together is in the best interests of the child). I get the impression that the other party considers the relationship to be over and that you have not accepted it yet. Be careful!

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  • Speeding ticket

    Iam 51 years old with a clean driving record/ I recieved a speeding ticket in July by vascar supposively doing 65 in a 40 that was in July. I plead not guilty and am hoping I can get it reduced. I was suppose to start school in Aug for my CDL but ...

    Elliot’s Answer

    I suggest that you contact the Court and explain your situation. Ask that the case be placed back on the original September 9th hearing date with the understanding that if you cannot resolve the matter with the prosecutor without the officer present, you will not object to the case being postponed to a later date when the officer is available. If he Court is wiling to do so, you should discuss the issue with the prosecutor. Perhaps he/she will agree to reduce the points without the officer being present. If not, you are no worse off than you are now. Good luck!

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  • Can a 16 years old girl move out with her aunt so she can continue school?

    My daughter in Florida is a Flight attendant for JET BLUE, but her schedule make her able to take care of my grandaughter , her niece. My grandaughter Amanda, went to visit her aunt in florida and in this opportunity she expresss to her aunt what ...

    Elliot’s Answer

    Any change in legal or physical custody should be with the consent of the parent or by formal court order. If her mother is willing to consent to the change in custody, she should do so in writing for two reasons: 1) Amanda's new school in South Carolina may require such documentation in order to acknowledge her aunt as the legal guardian; and 2) Her aunt should require such documentation to protect herself against a claim that she unlawfully removed Amanda from the State of New Jersey. If Amanda's mother does not consent, then you should retain an attorney to take the appropriate steps to have her aunt appointed legal guardian.

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  • Can anyone put a mechanics lien on your house?

    An ex boyfriend did spent some money doing work on my house. I did not ask for it, he just wanted to do it - it was a gift. Now we are broken up and he is threatening to put a mechanics lien on my house. Can he do that?

    Elliot’s Answer

    No, he cannot.

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  • I was pulled over and ticketed for not having a license plate light. Should I fight this in court?

    The cop took about 10 minutes to explain why he stopped me. I never knew about the light, but feel it was a BS stop because they followed me early and were behind me for some time running my plates, I suspected. I think I was being racially profil...

    Elliot’s Answer

    If your license plate light was, in fact, not functioning, I suggest you simply pay the ticket. It is not a moving violation, and aside from the fine itself, there is no residual impact on your driving record.

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  • Harrassing cell phone calls/

    i have been receiving harrassing cell phone calls from a person, numerous times a day, they always call blocked but i know who this person is. they dont talk they just stay there listening. i say something and they hang up. can i press charges aga...

    Elliot’s Answer

    • Selected as best answer

    Yes, you can file a complaint for harassment in either the town where the calls were made or where they were received. As part of the State's case, it may be necessary to subpoena the defendant's phone bills. I suggest that you start keeping a journal of the dates and times when you receive these calls.

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  • How would I a letter to Judge to grant me the rescheduling of child support modification appointment?

    My childs dad filled for reduction on child support and due to my employer's wife having surgery the same date of my court appointment Im not able to make it. I would like for the judge to grant me a rescheduled date.

    Elliot’s Answer

    You should send a letter to the Judge setting for the reasons why you are requesting a postponement. Send a copy of your letter to your child's father (or his attorney if he is represented). Do not discuss the merits of your case in your letter - only the reasons why you want the matter postponed. Good luck!

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  • Evidence for Trial

    If something was not produced during the initial discovery time period, can one submit it as evidence at the trial? Can it be presented prior to trial? What if the deadline for discovery was well over a year before the actual trial?

    Elliot’s Answer

    If you have discovered some additional evidence that you had previously overlooked or were unaware of, you not only "can" submit it to your adversary, but have an "obligation" to do so. When you submit your additional evidence to opposing counsel, let him/her know that you are amending your previous answers to Interrogatories or Request for Production of Documents (or whatever discovery request was made that you had previously answered).

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  • Will my reckless driving ticket get dismissed?

    I recently got a reckless driving ticket from an officer who put down the wrong race and stated that i was arrested on the affidavit. But I was not arrested at all. Any chance this will get dismissed?

    Elliot’s Answer

    The purpose of a traffic summons is to place the driver on notice essentially of "who? what? when? and where?" The test of whether your ticket should be dismissed is not necessarily whether it contained a technical flaw, but whether you were placed on notice of the specific charge. The fact that your ticket states the wrong race is probably not a fatal defect (unless it is your position that you were not the one who was issued the ticket).

    The term "arrest" is more of a generic term when applied to a traffic ticket. People are typically not photographed and fingerprinted for traffic violations. Again, the fact that the ticket says you were "arrested" is not a defect which will result in your ticket being dismissed.

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  • Can health reason get a case dropped(heart surgery)

    i have a friend that charged with computer missed use.he was open the computer in and adult chat room(yahoo).police officer chatted with him and told him he was underage.knowing how older women and men role played in the 90's he went along with th...

    Elliot’s Answer

    Unless the reason is mental incapacity, health reasons are not a defense to a criminal charge. If they were, it would open the door to all kinds of craziness. People with cancer could rob banks using their illness as a defense. On the other hand, if your friend is convicted, his health may be taken into consideration for sentencing purposes. For example, the fact that he has a severe heart condition may be presented to the court for the purpose of arguing why he should not go to prison.

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