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Eric Edward Rothstein

Eric Rothstein’s Answers

40,920 total


  • When a car accident happens and fault is not obvious, is an officer required to decide who's fault it was and ticket them?

    I feel like the officer was being unfair.

    Eric’s Answer

    No. The Police usually will not issue a summons unless they witness the accident (except for driving without a license or insurance, etc.).

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  • Do i need a lawyer to obtain court order to force sale of jointly owned property?

    My ex wife and I co-own a house in ny that she is still living in although the divorce papers state neither of us was entitled to sole residency. I'm still on the deed and mortgage and she is refusing to sell or buy me out and in turn refusing to ...

    Eric’s Answer

    You just can't seek an order. Do you know how to draft a summons and complaint for a partition action? How to response to the other side's discovery demands? What discovery demands to ask for? How to engage an expert? How to get a Judge assigned to the case? These are just a few of the things you will have to do.

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  • If i accept a plea at a PIC conference and sentencing is after indictment cut off will charges be dropped if i withdraw plea

    My lawyer agreed to accept a plea at a P.I.C. conference and there is only a month before the 6 month deadline for them to indict me if i stall formally going in front of the judge to accept can i deny plea and file a 180/80 motion for dismissal ...

    Eric’s Answer

    Are you sure there was no consent adjournment for purposes of the conference? That would be excludable time.

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  • How can I file a complaint against a district attorney I feel is biased towards me.

    I have a case in different town, waiting on some lab work. After a couple weeks the charge was reduced to a misdemeanor because of no lab report. When I went back to court the D.A. was replaced with the head D.A. Who was also the lead D.A. on oth...

    Eric’s Answer

    I see no basis for a complaint. The DA is doing his job. If he has prosecuted you before and believes you should be treated a certain way he is allowed to have that opinion. There is no right to a plea bargain and the DA has wide discretion on how to handle a case.

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  • Contingency Cases for defamation in NY

    I left a business partnership in January after 8 years of my ex partner not following through with legal documentation outlining our verbal agreement of our partnership, and many months of no payment/income, although she paid all her bills on our ...

    Eric’s Answer

    You may have a hard time finding a lawyer to take this on contingency unless she has an insurance policy that covers defamation. Did the business have such a policy?

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  • Statutes of limitation

    I may be being threatened by someone. A physical encounter over 30 years ago (when I was 15), I say physical instead of sexual because we never actually had sex and everything was consensual. Well she fooled around with a couple other guys later t...

    Eric’s Answer

    You are protected by the statute of limitations.........................................................................

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  • Do I need an attorney if I served more time than I was supposed to in prison?

    We are finding out today that my husband was held too long in prison. A little over 2 years and has an extension of parole longer than merited. He has served and is serving more time than merited in both aspects. We are seeking to file suit. ...

    Eric’s Answer

    He cannot sue for a wrongful conviction unless the conviction was vacated and the case dismissed. As for being held too long, more fact are needed. What was his sentence and how long was he held?

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  • Can I get my traffic ticket dismissed?

    An 18 wheeler ran a red light at an intersection , hit me & destroyed my car. Some witnesses claim it was my fault , others say it was the other drivers fault but the cop decided to give me the ticket anyway.

    Eric’s Answer

    Did the Officer witness it? What are you charged with? Depending on your answers you may be able to get the case dismissed.

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  • Does the parking meter has to be turned off when a sign restricting (forbidding) parking is placed?

    I parked in Manhattan, paid the meter fee and went to a shop. At this time my car was towed away. Later I was told that there was a temporary construction sign posted. I don't know when it was posted, because I didn't notice it when I parked. And...

    Eric’s Answer

    I am not aware of any regulation requiring that.

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  • Re the prosecutorial misconduct, can I have my atty testify against the ADA? )Reposted as civil rights issue.

    I am of a minority and poor, but not stupid. I initiated a divorce action against my wife in NYC. She had an Order of Protection against me which prohibited ANY kind of contact with her. My friend is a professional process server, who is very bu...

    Eric’s Answer

    Please see my answer to your previous question.

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