Forestport Criminal Lawyer, New York

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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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Mark Ottavio Chieco

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Criminal, DUI-DWI, Felony, Misdemeanor, Expungement

Being born and raised in Utica, NY, I have practiced all over the state of New York over the last almost 20 years. Through my extensive civil litig... (more)

CONTACT

315-623-1704

610 Charlotte St, Utica, NY 13501

Richard Nelson Bach

Immigration, Criminal, Traffic, Real Estate

Status: Licensed: 60 Years

CONTACT

25B Genesee St Ste 503, Utica, NY 13502

Louis J. Zywiak

Criminal, Personal Injury, Family Law, Residential Real Estate

Status: Licensed: 73 Years

CONTACT

435 Sunlit Ter, Utica, NY 13502

Christopher Jude Pelli

Traffic, Criminal, Personal Injury, Accident & Injury

Status: Licensed: 25 Years

FREE CONSULTATION

CONTACT

3 Derbyshire Place, Utica, NY 13501

Mark Craig Curley

Criminal, Civil Rights, Constitutional Law

Status:

CONTACT

411 Oriskany St W, Utica, NY 13502

Peter M. Hobaica

Criminal, Personal Injury, Medical Malpractice, Animal Bite, Accident & Injury

Status: Licensed: 40 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Peter W. Hobaica

Estate Planning, Criminal, Bankruptcy, Personal Injury, Medical Malpractice

Status: Licensed: 40 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Peter Michael Hobaica

Estate, Criminal, Bankruptcy, Accident & Injury, Personal Injury

Status: Licensed: 41 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Cissy Fagan

Child Custody, Divorce, Business Organization, DUI-DWI

Status: Licensed: 45 Years

CONTACT

109 Park Avenue, Herkimer, NY 13350

Todd Daniel Bennett

Traffic, Criminal, Bankruptcy, Personal Injury

Status: Licensed: 33 Years

CONTACT

123 Court St, Herkimer, NY 13350

800-814-6700

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LEGAL TERMS

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

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.

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

IRRESISTIBLE IMPULSE TEST

A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)

A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.

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.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

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.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

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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Forestport Criminal Lawyer, New York

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Mark Ottavio Chieco

Richard Nelson Bach

Louis J. Zywiak

Christopher Jude Pelli

Mark Craig Curley

Peter M. Hobaica

Peter W. Hobaica

Peter Michael Hobaica

Cissy Fagan

Todd Daniel Bennett

TIPS

LEGAL TERMS

MENS REA

JURY NULLIFICATION

FELONY

IRRESISTIBLE IMPULSE TEST

EXECUTIVE PRIVILEGE

CAPITAL CASE

MISTRIAL

HABEAS CORPUS

PROSECUTE

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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