Suffolk County, NY Criminal Lawyers, page 3

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Hermon John Bishop

Real Estate, DUI-DWI, Divorce & Family Law, Wills & Probate
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Howard Knispel

Divorce & Family Law, Criminal, Credit & Debt, Bankruptcy & Debt
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Stephen Kunken

Construction, Estate Planning, DUI-DWI, Criminal
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Bonnie Peters-Lawston

Child Support, Criminal, DUI-DWI, Divorce
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Nicholas M. Brino

Complex Litigation, Arbitration, Criminal, Animal Bite
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Mel Jacoby

Bankruptcy & Debt, Accident & Injury, Criminal, Divorce & Family Law
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Mel Jacoby

Accident & Injury, Bankruptcy & Debt, Criminal, Divorce & Family Law
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Mel Jacoby

Accident & Injury, Bankruptcy & Debt, Criminal, Divorce & Family Law
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Mel Jacoby

Accident & Injury, Bankruptcy & Debt, Divorce & Family Law, Criminal
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Paul Gregory Tuths

Traffic, Motor Vehicle, DUI-DWI, Civil & Human Rights
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LEGAL TERMS

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.

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

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.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

WARRANT

See search warrant or arrest warrant.

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.

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.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

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. ...