Niobe Criminal Lawyer, New York, page 2

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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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Richard Thomas Rankin

Criminal

Status: In Good Standing Licensed: 21 Years

CONTACT

617 Washington St, Jamestown, NY 14701

Sally Ann Jaroszynski

DUI-DWI

Status: In Good Standing Licensed: 32 Years

CONTACT

20 W 3Rd St, Jamestown, NY 14701

Andrew William Goodell

Lawsuit, Sexual Harassment, Divorce & Family Law, DUI-DWI

Status: In Good Standing Licensed: 43 Years

CONTACT

617 Washington St, Jamestown, NY 14701

Dale C. Robbins

Landlord-Tenant, Real Estate, Traffic, Criminal, Medical Malpractice

Status: In Good Standing Licensed: 49 Years

CONTACT

517 W 5Th St, Jamestown, NY 14701

Robert Shane Uber

Real Estate, Government, Divorce & Family Law, Criminal

Status: In Good Standing Licensed: 12 Years

CONTACT

314 Cherry St, Jamestown, NY 14701

Michael Charles Panebianco

Criminal

Status: In Good Standing Licensed: 8 Years

CONTACT

413 N Main St, Jamestown, NY 14701

Robert A. Liebers

Real Estate, Child Custody, Criminal, Bankruptcy

Status: Deceased Licensed: 41 Years

CONTACT

15 E 5Th St, Jamestown, NY 14701

Michael Patrick Smith

Estate, Divorce, Divorce & Family Law, Criminal

Status: In Good Standing Licensed: 33 Years

CONTACT

7 N Erie St, Mayville, NY 14757

Peter Richard Johnson

Criminal

Status: In Good Standing Licensed: 23 Years

CONTACT

2 Academy St, Mayville, NY 14757

Laurie Marie Beckerink

Real Estate, Employment, Divorce & Family Law, Criminal

Status: In Good Standing Licensed: 19 Years

CONTACT

1 N Erie St, Mayville, NY 14757

800-923-0641

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LEGAL TERMS

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.

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.

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.

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.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

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.

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.

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).

OWN RECOGNIZANCE (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

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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Niobe Criminal Lawyer, New York, page 2

Sponsored Law Firm

Cohen & Bernstein, L.L.C.

SPONSORED LAWYERS

Richard Thomas Rankin

Sally Ann Jaroszynski

Andrew William Goodell

Dale C. Robbins

Robert Shane Uber

Michael Charles Panebianco

Robert A. Liebers

Michael Patrick Smith

Peter Richard Johnson

Laurie Marie Beckerink

TIPS

LEGAL TERMS

EXECUTIVE PRIVILEGE

CIRCUMSTANTIAL EVIDENCE

EXCLUSIONARY RULE

INTERROGATION

BURDEN OF PROOF

MCNAGHTEN RULE

CAPITAL CASE

ACTUS REUS

OWN RECOGNIZANCE (OR)

SAMPLE LEGAL CASES

People v. Hawkins

People v. Kalin

People v. Sparber

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