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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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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

Criminal, DUI-DWI, Felony, Misdemeanor, Expungement

CONTACT

315-623-1704

610 Charlotte St, Utica, NY 13501

Eva Brindisi Pearlman

Criminal, Bad Faith Insurance, Defamation & Slander, Animal Bite

Status: In Good Standing

FREE CONSULTATION

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2713 Genesee Street, Utica, NY 13501

Donald Peter Colella

Estate, Business, Criminal, Litigation

Status: In Good Standing Licensed: 60 Years

CONTACT

216 Genesee Street, Chittenango, NY 13037

Peter M. Hobaica

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

Status: In Good Standing Licensed: 40 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Christopher Jude Pelli

Traffic, Criminal, Personal Injury, Accident & Injury

Status: In Good Standing Licensed: 25 Years

FREE CONSULTATION

CONTACT

3 Derbyshire Place, Utica, NY 13501

Peter Michael Hobaica

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

Status: In Good Standing Licensed: 40 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Peter W. Hobaica

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

Status: In Good Standing Licensed: 40 Years

CONTACT

2045 Genesee St, Utica, NY 13501

Richard Nelson Bach

Immigration, Criminal, Traffic, Real Estate

Status: In Good Standing Licensed: 59 Years

CONTACT

25B Genesee St Ste 503, Utica, NY 13502

Mark Craig Curley

Criminal, Civil Rights, Constitutional Law

Status: In Good Standing

CONTACT

411 Oriskany St W, Utica, NY 13502

Thomas Lloyd Bowen

Criminal

Status: In Good Standing Licensed: 10 Years

CONTACT

516 Lincklaen Road, De Ruyter, NY 13052

800-923-0641

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LEGAL TERMS

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

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.

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.

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

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.

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

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).

CORPUS DELECTI

Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.

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.

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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Munnsville Criminal Lawyer, New York

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Cohen & Bernstein, L.L.C.

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Mark Ottavio Chieco

Eva Brindisi Pearlman

Donald Peter Colella

Peter M. Hobaica

Christopher Jude Pelli

Peter Michael Hobaica

Peter W. Hobaica

Richard Nelson Bach

Mark Craig Curley

Thomas Lloyd Bowen

TIPS

LEGAL TERMS

AGGRAVATING CIRCUMSTANCES

PLEA BARGAIN

CAPITAL CASE

IMPEACH

SELF-DEFENSE

INTERROGATION

HUNG JURY

CORPUS DELECTI

EXECUTIVE PRIVILEGE

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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