Fishkill Felony 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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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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Angel I. Falcon

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Criminal, DUI-DWI, Felony, Misdemeanor, Traffic

Angel I. Falcon is a Dutchess County based general practice catering to the legal needs of individuals and businesses in the Hudson Valley and surroun... (more)

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800-715-8211

1436 Route 52, Fishkill, NY 12524

Daniel C. Jackson

Grand Jury Proceedings, Felony, DUI-DWI, Criminal

Status: In Good Standing

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400 Old Post Road, Marlboro, NY 12542

James Winslow

Criminal, DUI-DWI, Felony, Misdemeanor

FREE CONSULTATION

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10 Little Britain Road, Newburgh, NY 12550

Glenn Bruno

Litigation, Felony, DUI-DWI, Criminal, Misdemeanor

Status: In Good Standing

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11 Market Street, Poughkeepsie, NY 12601

800-923-0641

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LEGAL TERMS

LINEUP

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the c... (more...)

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

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.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

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.

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.

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.'

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

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.

SAMPLE LEGAL CASES

People v. Quinones

... Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part. 119 OPINION OF THE COURT. JONES, J. This appeal presents another Apprendi [1] challenge to New York's discretionary persistent felony offender sentencing scheme. ...

People v. Leon

... Supreme Court subsequently conducted a hearing and adjudicated defendant a persistent violent felony offender [1] upon a finding that defendant had previously been convicted of two violent felonies â€” both first-degree manslaughter â€” in 1976, and in 1983. ...

People v. Mills

... I. A. Mills. On April 20, 1995, Mills pleaded guilty in County Court to criminal possession of a controlled substance in the second degree (Penal Law Â§ 220.18 [1]), a class A-II felony, in exchange for the promised sentence of an indeterminate term of three years to life in prison. ...

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Fishkill Felony Lawyer, New York

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Angel I. Falcon

Daniel C. Jackson

James Winslow

Glenn Bruno

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LEGAL TERMS

LINEUP

CIRCUMSTANTIAL EVIDENCE

SELF-DEFENSE

INFORMED CONSENT

BURGLARY

JURY NULLIFICATION

NOLLE PROSEQUI

MCNAGHTEN RULE

AGGRAVATING CIRCUMSTANCES

SAMPLE LEGAL CASES

People v. Quinones

People v. Leon

People v. Mills

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