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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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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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Michelle Elwood Broadbent

DUI-DWI

Status: Licensed: 19 Years

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Newport, NY 13416

John H. Story

Real Estate, Criminal, Consumer Rights, Civil & Human Rights

Status: Licensed: 49 Years

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719 Russia Rd, Poland, NY 13431

George Gerald Fiesinger

Criminal

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572 E Main St, Little Falls, NY 13365

Michael Thomas Johnson

Power of Attorney, Employment, Divorce, Criminal

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501 N Washington Street, Herkimer, NY 13350

Mark Charles Polkosnik

Family Law, Divorce & Family Law, Criminal

Status: Licensed: 31 Years

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100 Reservoir Road, Herkimer, NY 13350

Todd Daniel Bennett

Traffic, Criminal, Bankruptcy, Personal Injury

Status: Licensed: 33 Years

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123 Court St, Herkimer, NY 13350

Michelle Katherine Fassett

Real Estate, Lawsuit & Dispute, Divorce & Family Law, Criminal

Status: Licensed: 14 Years

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301 N Washington St, Herkimer, NY 13350

Cissy Fagan

Child Custody, Divorce, Business Organization, DUI-DWI

Status: Licensed: 46 Years

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109 Park Avenue, Herkimer, NY 13350

Scott Harris Oberman

Motor Vehicle, Criminal, Bankruptcy & Debt, Accident & Injury

Status: Licensed: 43 Years

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110 W Albany St, Herkimer, NY 13350

James J. Franchi

Real Estate, Health Care, Divorce & Family Law, Criminal

Status: Licensed: 44 Years

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808 Johnson Ave, Herkimer, NY 13350

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LEGAL TERMS

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

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).

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

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.

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.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

INSANITY

See criminal insanity.

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

More Legal Terms...

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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Newport Criminal Lawyer, New York

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Michelle Elwood Broadbent

John H. Story

George Gerald Fiesinger

Michael Thomas Johnson

Mark Charles Polkosnik

Todd Daniel Bennett

Michelle Katherine Fassett

Cissy Fagan

Scott Harris Oberman

James J. Franchi

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LEGAL TERMS

INFORMATION

ACTUS REUS

INTENTIONAL TORT

SELF-DEFENSE

MENS REA

CAPITAL CASE

DRIVING UNDER THE INFLUENCE (DUI)

INSANITY

INFRACTION

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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