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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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Eva Brindisi Pearlman

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

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2713 Genesee Street, Utica, NY 13501

Richard Nelson Bach

Immigration, Criminal, Traffic, Real Estate

Status: In Good Standing Licensed: 59 Years

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25B Genesee St Ste 503, Utica, NY 13502

Christopher Jude Pelli

Traffic, Criminal, Personal Injury, Accident & Injury

Status: In Good Standing Licensed: 25 Years

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3 Derbyshire Place, Utica, NY 13501

Louis J. Zywiak

Criminal, Personal Injury, Family Law, Residential Real Estate

Status: In Good Standing Licensed: 72 Years

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435 Sunlit Ter, Utica, NY 13502

Mark Craig Curley

Criminal, Civil Rights, Constitutional Law

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411 Oriskany St W, Utica, NY 13502

Peter M. Hobaica

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

Status: In Good Standing Licensed: 40 Years

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2045 Genesee St, Utica, NY 13501

Seth Buchman

Criminal, Military

Status: In Good Standing Licensed: 40 Years

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237 State St, Carthage, NY 13619

Peter Michael Hobaica

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

Status: In Good Standing Licensed: 40 Years

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2045 Genesee St, Utica, NY 13501

Peter W. Hobaica

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

Status: In Good Standing Licensed: 40 Years

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2045 Genesee St, Utica, NY 13501

Cissy Fagan

Child Custody, Divorce, Business Organization, DUI-DWI

Status: In Good Standing Licensed: 45 Years

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109 Park Avenue, Herkimer, NY 13350

800-923-0641

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LEGAL TERMS

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

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).

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

FEDERAL COURT

A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, fe... (more...)

A branch of the United States government with power derived directly from the U.S. Constitution. Federal courts decide cases involving the U.S. Constitution, federal law--for example, patents, federal taxes, labor law and federal crimes, such as robbing a federally chartered bank--and cases where the parties are from different states and are involved in a dispute for $75,000 or more.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

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.

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.

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.

DISTRICT ATTORNEY (D.A.)

A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewi... (more...)

A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called Assistant United States Attorneys.

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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Port Leyden Criminal Lawyer, New York

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Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Eva Brindisi Pearlman

Richard Nelson Bach

Christopher Jude Pelli

Louis J. Zywiak

Mark Craig Curley

Peter M. Hobaica

Seth Buchman

Peter Michael Hobaica

Peter W. Hobaica

Cissy Fagan

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LEGAL TERMS

CRIMINAL LAW

HUNG JURY

SPECIFIC INTENT

FEDERAL COURT

NOLLE PROSEQUI

INFRACTION

CORPUS DELECTI

SEARCH WARRANT

DISTRICT ATTORNEY (D.A.)

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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