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Mark Guralnick
About | Practice Areas
Law Office of Mark S. Guralnick
55 Madison Avenue 4th Floor Morristown, NJ 07960Â» view map
Criminal Defense Law
Dedicated. Fearless. Successful.

Mark S. Guralnick and his legal team have helped clients throughout the USA and across the world by applying unparalleled dedication and hard work to each case.

800-399-8371
1. Mark Guralnick Morristown, NJ
  Attorney at Law - NJ, 1984
  Shepard Broad Law Center J.D.1984
2. AboutLaw Office of Mark S. Guralnick
  Our firm assists clients in a wide variety of legal challenges.
3. Practice AreasExpertise
  Criminal
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James Eric Kleinbaum

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Criminal, Traffic, Accident & Injury, Real Estate, Lawsuit & Dispute

Our founding partner, attorney James E. Kleinbaum, has been practicing law since 1994. As an experienced traffic and criminal defense lawyer, he has h... (more)

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800-933-3871

18 Park Row, Chatham, NY 12037

Ian L. Crimmins

Estate Planning, Family Law, Criminal, Collection

Status: In Good Standing

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18 Park Row, Chatham, NY 12037

Brendan F. Baynes

Accident & Injury, Criminal, Lawsuit & Dispute, Real Estate, Animal Bite

Status: In Good Standing Licensed: 38 Years

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130 Main St, Ravena, NY 12143

Ian Lyle Crimmins

Estate Planning, Family Law, Criminal, Collection

Status: In Good Standing

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18 Park Row, Chatham, NY 12037

William Cooke

Products Liability, State Government, Criminal

Status: In Good Standing

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119 Wildflower Rd, Valatie, NY 12184

Burton C. Agata

Criminal, Business & Trade, Military & Veterans Appeals

Status: Inactive Licensed: 74 Years

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209 Mt Merino Rd, Hudson, NY 12534

800-923-0641

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LEGAL TERMS

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

OWN RECOGNIZANCE (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

HABEAS CORPUS

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

SAMPLE LEGAL CASES

People v. Hawkins

... The issue common to these otherwise unrelated criminal appeals is the preservation for this Court's review of defendants' challenge to the legal sufficiency of the evidence. ... A grand jury indicted all three defendants for criminal sale of a controlled substance in the third degree. ...

People v. Kalin

... from the glove compartment. Defendant and the other occupants of the car were arrested for criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana. At his arraignment the ...

People v. Sparber

... 464 Kaye Scholer LLP, New York City (David Klingsberg and Max Schwartz of counsel), and Legal Aid Society, Criminal Practice Division (Steven Banks, Seymour James and Andrew Fine of counsel), for Legal Aid Society, amicus curiae in the five above-entitled actions. ...

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Kinderhook Criminal Lawyer, New York

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Law Office of Mark S. Guralnick

SPONSORED LAWYERS

James Eric Kleinbaum

Ian L. Crimmins

Brendan F. Baynes

Ian Lyle Crimmins

William Cooke

Burton C. Agata

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LEGAL TERMS

ARREST

BAIL

OWN RECOGNIZANCE (OR)

CRIMINAL LAW

ACTUS REUS

HABEAS CORPUS

BEYOND A REASONABLE DOUBT

JURY NULLIFICATION

BURDEN OF PROOF

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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