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Lindsay Bernstein
About | Practice Areas
Cohen & Bernstein, L.L.C.
1360 Clifton Ave #309 Clifton, NJ 07012» view map
Criminal Defense
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We work hand in hand with our clients to ensure all of your questions are answered and progress through your legal issue is seamless.

800-978-7341
1. Lindsay Bernstein Clifton, NJ
  Attorney at Law- NJ, 2006
  Syracuse University College of Law, J.D. 2006
2. AboutCohen & Bernstein, L.L.C.
  We’re In this Together!
3. Practice AreasExpertise
  Criminal Defense
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Chad Richard Hammond

Criminal, Contract, Personal Injury, Divorce

Status: In Good Standing Licensed: 22 Years

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100 N. Main St., Elmira, NY 14901

Robert Dean Siglin

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

Status: In Good Standing Licensed: 18 Years

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461 East Market Street, Elmira, NY 14901

David B. Rynders

Criminal, Family Law

Status: In Good Standing Licensed: 40 Years

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315 Lake St, Elmira, NY 14901

Steven P. Maio

Traffic, Workers' Compensation, Employment, Criminal

Status: In Good Standing Licensed: 33 Years

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315 Lake St, Elmira, NY 14901

800-923-0641

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LEGAL TERMS

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

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.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

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.

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

IMPRISON

To put a person in prison or jail or otherwise confine him as punishment for committing a crime.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

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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Wellsburg Criminal Lawyer, New York

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Chad Richard Hammond

Robert Dean Siglin

David B. Rynders

Steven P. Maio

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LEGAL TERMS

LEGISLATIVE IMMUNITY

HABEAS CORPUS

DIRECTED VERDICT

BEYOND A REASONABLE DOUBT

PRESUMPTION OF INNOCENCE

PLEA BARGAIN

IMPRISON

ARRAIGNMENT

HUNG JURY

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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