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Eric Edward Rothstein

Eric Rothstein’s Answers

40,985 total


  • Not sure how to deal with an out of state failure to appear warrant.

    In 2014 I drove to Virginia from NY for vacation and got pulled over for driving 100 in 55 zone and was issued a summons. Never in trouble with the law before I was afraid to get arrested and leave my family to survive alone I hired a lawyer with...

    Eric’s Answer

    I suggest that you try reposting your question on the Virginia Avvo page.

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  • What can I do if I'm supeaned to grand jury to testify in a theft case that I dropped the charges against a family member?

    I dropped the charges but DA still filed.

    Eric’s Answer

    You don't get to drop charges. Only the DA can do that. If you are properly served but ignore a subpoena the DA can get a material witness order and have the police arrest you and bring you before a Judge for the purpose of setting bail to insure that you appear before the grand jury.

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  • How to keep plaintiff name confidential during a civil lawsuit in NY/NJ/Federal Courts ?

    I am familiar with title 7, lad, nychrl etc... 1. Can an attorney keep plaintiff name confidential (pseudonym or sealed plaintiff) during an employment discrimination lawsuit. Reasons are many that it might affect re employability especia...

    Eric’s Answer

    I don't think that is a sufficient reason.

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  • Can an 120.05 assault (sub 2) D class felony be removed from my records? What is a certificate of relief from disabilities?

    I plead guilty in 1998 Brooklyn NY. Served 4 consecutive weekends and completed 5 years of probation. I was issued a State of New York Certificate of Relief From Disabilities. This is my only offense.

    Eric’s Answer

    Criminal convictions cannot be removed from your record. The certificate just removes certain automatic bars to employment or licensure and restores your ability to vote.

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  • Chances of going to jail on Class A misdemeanor? First time offender.

    I spoke with an Attorney today and said it was possible I could be charged with a Class A Misdemeanor. I shoplifted, and I lied to the police in my statement because I have bad anxiety and panicked. This is my first time ever committing a crime, a...

    Eric’s Answer

    Jail is not likely. A good criminal defense lawyer may be able to get the case dismissed and sealed.

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  • What will happen to me for my first ever offense being petty larceny? I'm almost 6 months pregnant

    I work at a gas station and there have been a few incidents where I grabbed a drink or some snacks, had every intention of paying for them, and honestly forgot to. I'm 23 years old and this would be my first ever offense. What's going to happen? M...

    Eric’s Answer

    A good criminal defense lawyer may be able to get the case dismissed and sealed.

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  • Will I still be able to get an acd if I have one currently.

    I currently have two acd's, both of which iv'e completed community service for and expire in December, however I still have two more DAT's. The charges are shoplifting in one court and Possession of a controlled substance (Xanax) in another. I go ...

    Eric’s Answer

    I would say that your chances are not good because you got arrested 4 times in a short period of time. I suggest that you hire a good criminal defense lawyer and worry about whether you will end up with a criminal record for life.

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  • I got arrested for drug possession in 2014 and it got dropped down to disorderly conduct with a fine.

    I got arrested in September 2014 for drug possession in the 7th degree. I spent two weeks inside a County Jail and when I went before the judge, the judge dropped the possession charge 28 disorderly conduct and a fine I was unable to pay the fine ...

    Eric’s Answer

    A background check shows the original charge and what you plead guilty to. Your case would have been sealed upon payment so you need to find out if the Judge issued a warrant for you in which case the record is not sealed.

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  • What are my options if I don't want the person I testified against (before a grand jury) to go to jail?

    My ex and I broke up, he got drunk one night showed up to my house, pulled me out and forced me into his Hummer, wrecklessly (driving on the opposite side of the road, doing 95 in a residential etc.) drove me to his house. He has a history of hurt...

    Eric’s Answer

    Speak to his lawyer and depending on what the lawyer says perhaps speak with the DA. Each level crime has a range of possible sentences.

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  • Is conspiracy to Grand Larceny a crime in New York state or if someone takes your property without permission is that Larceny

    My cousin stole my car which has no plates my sister and her friend who lives in the house with us not telling me what happened to my car but they was there all day with her I no my sister knows about because when I asked about it she said my cous...

    Eric’s Answer

    Stealing a car is grand larceny in the 4th degree if the value of the car exceeds $100.

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