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: 72 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: 40 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

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.

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.

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

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.

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.

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.

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

BEYOND A REASONABLE DOUBT

FALSE IMPRISONMENT

BURGLARY

MOTION IN LIMINE

EXCLUSIONARY RULE

SEARCH WARRANT

ARREST

NOLO CONTENDERE

PLEA BARGAIN

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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