Clarkson Criminal Lawyer, New York

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Lindsay Bernstein
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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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James A. Napier

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Criminal, DUI-DWI, Felony

We have dedicated our careers to protecting New York residents from serious criminal charges.

James A. Napier is a practicing attorney in New York state. He graduated from Georgetown University Law Center with his J.D. in 1986. He currently wor... (more)

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585-512-8229

16 West Main St, Rochester, NY 14614

Adrian J. Burke

Computer Law, Criminal, DUI-DWI, Federal

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19 West Main Street, Rochester, NY 14614

Robert A. Shapiro

Child Support, Consumer Protection, Criminal, Farms

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FREE CONSULTATION

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36 West Main Street, Rochester, NY 14614

Michael Schmitt

Traffic, Custody & Visitation, Criminal, Divorce & Family Law

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FREE CONSULTATION

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36 West Main Street, Rochester, NY 14614

Michael Lee Calvete

Estate, Divorce & Family Law, Criminal, Accident & Injury

Status: Licensed: 52 Years

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3161 Union St Ste 104, North Chili, NY 14514

Raymond S. DiRaddo

Estate Planning, Family Law, Criminal, Bankruptcy, Real Estate

Status: Licensed: 48 Years

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31 Erie Canal Dr, Rochester, NY 14626

Keith E O'Toole

Residential Real Estate, Wills & Probate, Criminal

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116 Bronze Leaf Trail, Rochester, NY 14612

Frank Housh

Labor Law, Employment, Education, Criminal

Status: Licensed: 31 Years

FREE CONSULTATION

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510 Clinton Square, Rochester, NY 14604

Matthew D. Nafus

Criminal, Corporate, Real Estate, Wills & Probate

Status: Licensed: 29 Years

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54 Main St, Scottsville, NY 14546

Brian Shiffrin

Military & Veterans Appeals, Family Law, Criminal

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16 W Main St, Rochester, NY 14614

800-814-6700

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LEGAL TERMS

INSANITY

See criminal insanity.

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.

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

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

GRAND JURY

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

EXECUTIVE PRIVILEGE

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

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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Clarkson Criminal Lawyer, New York

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

James A. Napier

Adrian J. Burke

Robert A. Shapiro

Michael Schmitt

Michael Lee Calvete

Raymond S. DiRaddo

Keith E O'Toole

Frank Housh

Matthew D. Nafus

Brian Shiffrin

TIPS

LEGAL TERMS

INSANITY

HABEAS CORPUS

PRESUMPTION OF INNOCENCE

PLEA

GRAND JURY

FALSE IMPRISONMENT

NOLO CONTENDERE

EXECUTIVE PRIVILEGE

CAPITAL CASE

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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