Practice Areas

I understand that for many people, an arrest can be as traumatic as a serious illness or other tragic life event. For that reasons, I treat ever client personally and give my personal attention to their case. Unlike some large firms might do, I treat you as a person, not a number or "type." This understanding allows for a better attorney-client relationship. In addition, you get the top-notch service that you need based on the facts and circumstances of your individual case. I bring nearly 20 years of trial and litigation experience to the table and the knowledge I've amassed during this time is always used to your advantage.

CRIMINAL DEFENSE

The police often lie. This is an absolute fact. Experienced practitioners know this to be true from first hand experience. It may not be true in every case, but it is something we always look out for. The question is how to convince the judge, jury or prosecutor that the police aren’t telling the truth. Oftentimes, this comes down to showing that either that there are other witnesses who contradict the police and who have no bias or reason to lie or to show that the police testimony, on its own, in ridiculous or inconsistent with his/her own statements in the past.

Many searches and seizures are illegal. While it has become easier over the years for the police to search your person, car or even your home, there are still constitutional limits on when, where and how law enforcement can conduct searches. Oftentimes, the police try to coerce a person into “consenting” to a search of their person, car or home by suggesting that by forcing the officer to obtain a warrant is a useless act and will only make things worse. This is not true. At other times, the police stop cars in “drug prone” neighborhoods because they don’t like the look of the occupants or because they have out of state license plates. This is not a proper basis for the stop of a vehicle. If you are pulled over or if the police ask your permission to search anywhere, remember that you have the right to refuse. The constitutional principles against illegal search and seizure apply to all law enforcement agents.

Admitting your guilt will not make things go easier for you. The old adage is that if you confess earlier, the cops will make the case better for you. The natural tendency learned from childhood is that if we admit our mistakes, we will not be punished as harshly or we may even be absolved completely. This rule, while true in a family setting, is not true when dealing with law enforcement. By admitting your guilt prior to speaking with an attorney, you are only making the prosecutor’s job easier. The right to remain silent should be exercised in every situation where a person is questioned by the police as a suspect, whether you are in custody or not. If you have valuable information to tell the police, do so only under the guidance of an experienced attorney in a setting where those statements cannot be used against you and where you will get “credit” for making them. However, more often than not, a person charged with a crime should save his statement for the witness stand, should he choose to testify.

Identification testimony is often mistaken and leads to wrongful convictions. Most prosecutions are based, in part or whole, upon the testimony of eyewitnesses. In the typical robbery or other street crime, a person gets a fleeting glimpse at the perpetrator and then offers a description to the police. That person is then views the suspect in police custody a short time later under often suggestive circumstances. Sometimes, the scant description offered the police is different than the suspect’s actual appearance, yet the person makes a positive identification. Such identification procedures have often been criticized by judges, including the US Supreme Court, scholars, psychologists and other experts. Yet, eyewitness testimony can be persuasive to a jury. The function of defense counsel is to show that the eyewitness is making a legitimate mistake due to the brief period of observation, the stressful conditions, poor lighting conditions and the variance between the vague description given and the actual appearance of the person arrested. Hopefully, through probing and forceful cross examination, the jury will recognize the fragilities of such evidence and not base a conviction solely upon it.

Federal crimes are prosecuted differently and have different penalties. Federal law enforcement agencies work differently than local ones do. The FBI, DEA and other US agencies typically operate long-term investigations of serious crimes that lead to the arrest and prosecution of many persons in what is often categorized as a conspiracy. Typically, the agency learns of a group of people engaged in illegal activity, whether it is organized crime, narcotics trafficking, counterfeiting, money laundering or producing false documents, from an informant. This person is typically someone who once worked (or continues to work) within the group and who want to cooperate with the authorities to reduce the prison time he may have to serve for his own crimes. A person in federal custody will quickly learn that if he/she cooperates with the government, their problems can be solved much more favorably than if they remain silent. Offering information to the government should only be done after speaking to your attorney. But if you do render “substantial assistance” to the government, the prosecutor must inform the court and you will be eligible for a vastly reduced sentence in spite of any mandatory minimum or guidelines requirement. This practice is not as wide-spread in state court due to the differences in sentencing statutes and the nature of the offences prosecuted by state authorities.

Plea bargains are more often controlled by prosecutors than judges. In New York State, the District Attorney controls what crimes a person can be charged with. While it is the grand jury’s function to return an indictment charging those crimes, the DA presents the evidence and asks for an indictment for specific crimes. Each crime is classified as an E, D, C, B, A-2 or A-1 felony. Each classification has certain mandatory minimum and maximum sentences that must be imposed. For example, in most drug sale cases, the person is charged with a B felony. The mandatory minimum is one to three years in prison. To obtain a sentence less than that, the DA must reduce the charge to a C felony or below. There are also legal limits on how many levels down a prosecutor can reduce a charge. There are different limits for violent and non-violent crimes. In federal cases, there are also classifications, but they are based upon federal sentencing guidelines which determine a person’s sentence. There are also certain mandatory minimums, especially for drug crimes, for many federal offences. Within the range permitted by the law, the judge is required to then impose sentence for the crime the person is found guilty. Sometimes, judges have no choice but to follow the law and impose a harsher sentence than may be appropriate for a particular individual.

Juvenile offenders are often treated harsher than adults. Children under the age of 16 are most often prosecuted in New York State Family Court unless the child is charged with a very serious offense, such as rape, armed robbery or murder. While it would seem that children’s rights would be more expansive than those of an adult, the opposite is actually true. In Family Court, a child charged with a crime is either released on his own recognizance or detained. If the child is detained, there is no right to post bail. When the child’s case comes up for trial, there is no right to a jury, only a judge who makes the finding of guilt. How can children be denied these inalienable constitutional rights? It is done on the basis of a legal fiction: that when a child is found guilty, he is not sentenced to “jail.” Rather, the courts have found that “placement” in a juvenile detention facility is not the same as jail and so, there is no right to a jury trial or to be bailed out pending that trial. I view this as a fiction because when a child is sent to a facility, he is taken against his will to a place where he will be kept apart from his family and friends, forced to live a certain way without the choices available to the rest of us. Sometimes, his freedom of movement within the facility is highly restricted, sometimes his door is locked. For these reasons, juvenile cases must be taken very seriously by parents and lawyers alike.

AUTO ACCIDENTS AND PERSONAL INJURY

If you’ve been in an accident, AT A MINIMUM, you can receive payment for resulting medical expenses and your lost earnings.
In New York State, people involved in automobile accidents can receive insurance coverage for medical expenses incurred as a result of the accident through one of the parties “no fault” insurance carriers. The best thing to do is to have your attorney handle this aspect of the case for you. I do so at no extra charge in most cases. Basically, you can apply for and receive coverage for your medical expenses regardless of whether you yourself have health insurance. In addition, no fault pays your lost wages for time missed from work as a result of the accident.

If the insurance adjuster calls you before you speak to an attorney, tell them you cannot speak at this time.
It is quite common that within days, if not hours, of your accident, an insurance adjuster will call you to ask you detailed questions about how the accident occurred and the nature of your injuries. Often, the adjuster’s purpose in asking these questions is to catch you off guard and perhaps intimidate you into speaking about things before you have had a chance to think them through or consult with an attorney. The best course of action is to tell the adjuster you cannot speak right now and to then contact an experienced attorney to help you. What you say in that initial interview may well limit you in terms of any future monetary award to which you may be entitled. In fact, the adjuster may even offer you money to settle the case without an attorney. They usually do so when they know that an attorney will gauge the full value of the case and demand considerably more.

You are also entitled to damages for your pain and suffering due to the accident.
If you have been in an automobile accident and you suffer any permanent injury such as a fracture, herniated disc or other serious physical injury, you will recover money for your pain and suffering. What people don’t know is that New York law does not allow for monetary recovery for injuries which are not serious. If your injury isn’t serious, you can only recover what is paid for by no fault. However, there are exceptions to this general rule and you should always consult experienced counsel before you do anything. Needless to say, it is my goal to always obtain the maximum possible monetary award for my clients. You should never settle for anything less.

In virtually all cases where you have been injured due to someone else’s negligence, you are entitled to recover your lost wages, medical expenses and damages for pain and suffering.
If you’ve fallen down over some debris left in your building, if you’ve slipped on a crack the sidewalk, if you’ve tripped on a slippery surface in a restaurant, you may well be entitled to money damages for your injury. The question to ask is, “was the owner of the property negligent in maintaining it, repairing it or building it?” If someone else’s neglect, carelessness or ignorance caused your injury, you may well be entitled to collect damages.

It is impossible to truthfully and accurately say how much you will be compensated until a complete investigation of all facts is done.
No matter how experienced a lawyer claims to be, there is no way of telling you how much you will recover until all the facts are in. And even when they are, the amount will vary based upon the particular circumstances of the case, who the insurance company is, who your lawyer is. That is why you need to choose an attorney who will fight for you and not settle for less that what you should get.

DIVORCE AND CHILD CUSTODY/SUPPORT

In a divorce case, the fault of the spouses is not relevant to how the marital property will be divided.
The law assigns no financial relevance whatsoever to the fact that your spouse cheated on you or that you cheated on him/her. While adultery provides grounds for divorce, it does not mean the adulterer pays more support or alimony. When a Court is asked to divide the assets owned by a couple, it is done so on an “equitable” basis. This term has been defined to mean many things, but basically it gives the judge the authority to take into account all the important monetary considerations such as the relative earning capacity of the parties, the needs of the parties and any special circumstances that are important and then split the assets on a finding of what would be fair under all the circumstances.

Spousal maintenance, formally known as “alimony” is most often granted when the duration of the marriage exceeds ten years.
While this is more a rule of thumb than law, it is true for most cases. Courts generally take the view that one spouse only has a continuing legal obligation to support the other if the marriage is of such long duration that it would likely cause that spouse to seek public assistance or if the spouse’s standard of living could not be maintained in the same approximate manner as during the marriage. Courts also take into account whether the non-working spouse has given up career opportunities to work in the home and whether this was encouraged or supported by the other spouse.

Martial assets, such as brokerage accounts, real estate and even professional licenses are subject to distribution between the spouses.
I’m sure most people in a divorce case expect that their marital assets would be divided based upon some formula devised by the court. What many people don’t know is that even “assets” like professional licenses (i.e., law, medicine, teaching, etc.) can be valued by an expert and then in an “equitable” way divided. For example, a doctor may have to pay his/her spouse a percentage of income derived from the medical license for a specified number of years. Even licenses which may typically prove not as lucrative as law or medicine are subject to the same treatment.

For practical purposes, a marital asset can be defined as any asset acquired during the marriage except by gift or inheritance.
These are the assets which are subject to the rule of “equitable distribution.” There are other specific exceptions set forth in the law, but these are the two most common ones. When defining what is meant by “acquired” courts have held that even if a piece of property is purchased before marriage, its increase in value during the marriage can be subject to equitable distribution.

The custody of children is based upon what is in the child’s best interests.
The mother does not always get custody of the children. In the event of a dispute over custody, the court will determine what is best for the child. In such cases law guardians, who are attorneys selected by the court to represent the child, will assist in determining what is in his/her best interest. In addition, the Court can order that the parties undergo psychiatric testing and be interviewed by social workers as an aid to determining what is in the child’s best interest. When all this is done, if there is no agreement between all parties, including the law guardian, the Court will decide whether custody should be vested in the mother, father or jointly. However, the idea of joint custody is somewhat misleading. The child can generally only reside with one parent for practical reasons such as schooling, stability, location of friends and relatives and the parties’ work obligations. In addition, one party will always need to have “tie breaking” authority, meaning that in the event the parties disagree about an important medical, educational, financial or other decision, one parent has to make the final call. For this reason, custody can never really be equal.

In New York State, child support is presumptively 17% of the parties’ income for one child and 25% for two children.
In practical terms, the non-custodial parent usually pays child support to the custodial parent in the above range. However, it is not uncommon in some circumstances for the court to deviate from the presumptive amount of child support. In addition, the non-custodial parent can be ordered to pay for things like private schooling, college tuition, medical expenses and other irregular or extraordinary expenses.

EMPLOYMENT LAW

In most states, as in New York State, an employee can be terminated from his/her job for any reason or for no reason whatsoever. The important exception to this general rule is that you can't be fired because of your age, race, sex, religion or national origin. The federal laws prohibiting this are the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). Separate state and New York City laws also protect against such discrimination.

Sexual harassment falls under the heading of discrimination in employment based upon sex. This is the most common form of discrimination in the work place and until recently was simply accepted as an unavoidable fact of life in the work world. Even though most people know this practice is illegal, it is still rampant in the workplace. Both women and men can be the victims of sexual harassment. Though the courts have recently narrowed the definition of sexual harassment, many forms of behavior in the workplace can fall under the new definition. In order for the conduct to be considered illegal the harassment must be in the form of a quid pro quo proposition (i.e., your boss insists that you succumb to his sexual advances or you will be denied a promotion or be terminated) or as a "hostile environment" claim. The latter type of harassment is more common and usually consists of a work environment which is filled with sexually charged language and conduct to the point where it becomes both "pervasive" (meaning it is constant) and "severe" (which means the individual harassing acts are significant).

The next most common form of employment discrimination is discrimination based upon age. Many employers are all to eager to discard an older employee who is entitled to increased pay and benefits in favor of a newer, younger worker who can be compensated at a lesser rate and who is less likely to avail himself of pension and other benefits which vest only after a certain period of employment. Firing an employee using age as one of the reasons is illegal.

Needless to say, discrimination in all forms still exists, including racial, ethnic and creed based firings. As will all forms of discrimination, the hard part of the case is proving that one of these impermissible factors was a basis for the termination. If you were fired because of your race and because of a performance related issue, that is still illegal.

The first step in addressing discrimination in employment is usually to file a complaint with the appropriate federal, state or local agency that is authorized to investigate such matters and to take action. In many cases, a settlement can be negotiated at this stage prior to bringing the case in court. However, if that does not happen, the agency will issue you a "right to sue letter" after the investigation is complete. This will allow you to bring the case in court and is necessary in some instances before you can do so.

If you think you have been the victim of discrimination in employment you may be entitled to significant money damages. Should you lose your job due to sexual harassment or age discrimination, you will be entitled to back pay (all the money you would have made at the job prior to the settlement) and perhaps even "front pay" (the money you would have made projected for a reasonable time into the future).

The first step to take is to consult an attorney. Don't make a complaint without speaking to an experienced attorney first. You might say or do something that compromises your standing to bring a legal action or makes your job situation worse. There is no harm speaking to an attorney at the earliest sign of trouble.