On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in violent crimes on Friday, November 23, 2018.

If you are being charged for the accidental or unplanned death of someone, it is important to understand the charges you are facing. In New York, you might be charged with voluntary or involuntary manslaughter, depending on the nature of the fatality.

As FindLaw explains, manslaughter pertains to the unlawful killing of another person without malice, meaning you did not plan the death of that person ahead of time. Involuntary manslaughter involves the fatality of someone during an either lawful act or an unlawful act without being a felony, that resulted in the death due to negligent or reckless actions. For example, you and your friends might have been drag racing on a deserted street late at night, and one car crashed, killing a passenger. Nobody planned for the friend to die, but everyone’s reckless actions could qualify as contributing to involuntary manslaughter.

On the other hand, voluntary manslaughter results from an intentional act of anger, or the “heat of passion,” in which an attack was intentional but not planned out. A man who immediately strikes out with a weapon at another man at a bar who insulted the first man’s sister could be charged with voluntary manslaughter. As you can see, the fatality resulted from an intentional violent act, despite the person not necessarily meaning to kill the other.

Any criminal charge resulting from a person’s death, whether voluntary or not, should be considered serious. Therefore, this post is not meant as legal advice and should not be substituted for experienced counsel.

By : First Page Attorney | November 23, 2018 | Violent Crimes


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Monday, November 12, 2018.

If you live in New York and face charges of mail fraud, you likely wonder exactly what federal law enforcement officials allege you did. FindLaw explains that the reason why mail fraud is a federal crime is that it involves more than one state, i.e., the use of the U.S. Postal Service, UPS, FedEx or some other commercial interstate carrier for the purpose of obtaining money or other assets through false pretenses. Alternatively, it could involve the use of an interstate carrier to sell, distribute, supply or exchange counterfeit goods.

If federal law enforcement officers accuse you of the latter, the prosecutor need not prove that you used the mails to transport the goods themselves. Rather, (s)he need prove only that you sent something through the interstate mails associated with the goods, such as the following:

A letter
A contract
A receipt
Any other type of document
Ponzi example

Perhaps the most well-known example of a mail fraud case is that of Charles Ponzi, an Italian immigrant who started a mail-order pyramid scheme in 1919 that used fraudulent return mail coupons. Even though the Feds convicted him of mail fraud within a few months, he nevertheless made more than $1 million a day while his scheme was in operation. He ultimately served five years in federal prison.

Madoff example

Nearly forty years later, a well-known stockbroker by the name of Bernie Madoff started a far more successful mail fraud Ponzi scheme. Before the Feds finally caught him in 2008, his scheme had taken in nearly 5,000 victims, many of them celebrities, for upwards of $65 billion. Choosing to enter into a plea agreement, Madoff ultimately pleaded guilty to 11 felony accounts, including mail fraud and securities fraud. He remains in federal prison today, serving a 150-year sentence.

Obviously mail fraud represents an extremely serious charge. If you get convicted, you undoubtedly will face a lengthy prison term in addition to exceptionally high fines and other financial penalties. This is general educational information and not intended to provide legal advice. It can, however, help you understand the basics of a mail fraud charge and what you can expect if convicted thereof.

By : First Page Attorney | November 12, 2018 | Federal Crimes


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Friday, November 2, 2018.

When it comes to how they affect your life, criminal charges are an extremely serious matter. Even a low level conviction can have some unexpected consequences.

Higher level charges, such as a felony, will often include penalties such as prison time and probation. In addition, you might find that you have trouble getting a job, renting an apartment and various other activities that used to be normal and easy.

The financial consequences of a criminal conviction can devastate your pocketbook and affect you for years. Here are a few ways a criminal record is financially damaging.

Court fees

In many areas, even New York, criminal convictions carry a financial cost. For instance, even a speeding ticket comes with a minimum fine that you will have to pay. And, the more serious the offense, the higher the fines. A simple case can cost several hundred dollars and more serious cases can cost the offender thousands.


As mentioned above, employment can become an issue if you are facing criminal charges or already have a conviction on your record. For example, if you have to take time off of work to go to court, your employer might decide to fire you due to your absences.

If you have a conviction, it could be difficult to find a job where the boss is willing to hire someone with a criminal record. You could suffer a loss of income and become unable to comply with the conditions of your probation, such as having a job. As a result, you could face more jail time due to a probation violation.

Other financial issues

Having to pay high court fines, legal fees and possibly losing your job, could have a domino effect on your finances. For example, if you have a driving under the influence (DUI) conviction, you could lose your license which could keep you from driving to work and result in the loss of your job.

If you lose your job, you may not be able to make the required payments toward your court fees. This could cause the court to charge you with additional offenses and impose more penalties which will further damage your ability to earn income.

If you are facing criminal charges, it is important to remember that you still have rights. With a proper defense, you might be able to win your case and avoid the long-lasting financial consequences of having a criminal record.

By : First Page Attorney | November 2, 2018 | Uncategorized

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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