On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Monday, March 25, 2019.

So far in 2019, motor vehicles have caused the deaths of 21 pedestrians in New York City, which is more than the number of pedestrian fatalities caused by car accidents that had occurred by this time last year. One of the most recent of these fatal collisions occurred last Friday evening on Amsterdam Avenue in Harlem, where a hit-and-run driver allegedly crashed into a 26-year-old woman, who later died at the hospital. The driver, a 27-year-old man, now faces charges including operating a motor vehicle impaired by drugs, failure to report an accident, aggravated operation of a motor vehicle, vehicular manslaughter, driving without a license and vehicular assault.

Witnesses to the accident inside a nearby restaurant report hearing no sound of screeching tires that would have indicated that the driver tried to stop the vehicle or avoid the accident, reporting that only lights from the vehicle drew their attention to the scene where they saw the pedestrian lying on the ground following the collision. Allegedly, the driver was traveling south on Amsterdam Avenue at a high rate of speed as the pedestrian stepped off the curb at the intersection with West 141st Street. Reports indicate that the vehicle then struck her, pinning her between the vehicle and a nearby parked car, then sped off again. The driver allegedly then crashed into an SUV waiting at a stoplight after turning onto Hamilton Place. Authorities arrested him shortly thereafter. He had sustained injuries that required hospitalization, but it is unknown which collision, or both, caused his injuries, nor is it known whether he is still in the hospital or what his current condition may be.

The pedestrian received massive head and body injuries that required transportation to the hospital, where she died from her injuries. The accident may provide the impetus for the city to undertake a redesign of the street where the accident occurred that safety advocates have proposed for at least a year.

The alleged accident has already destroyed one young life and now has the potential to ruin another. Those charged with vehicular assault or related offenses may find it helpful to discuss the case with an attorney.

By : First Page Attorney | March 25, 2019 | Vehicular Assault Or Homicide


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, March 15, 2019.

In New York, there are different charges that you could face if you are driving while under the influence and end up harming another person. Today, we will take a specific look at involuntary manslaughter, what it means, and how it differs from other charges.

FindLaw defines involuntary manslaughter as criminal recklessness or negligence that results in unintentional death. In other words, two main components need to be present for a death to be classified as involuntary manslaughter. First, the actions leading up to the death must have been negligent or reckless. Generally speaking, any DUI-related incident will automatically fall into this category due to the reckless nature of driving while under the influence of a substance.

The second part of the definition requires the examination of the driver’s intention. In many DUI-related incidents, the person did not set out with the intention of physically harming or killing another individual. There is no motive to do harm, and thus the harm that occurs is not intended. This differs from voluntary manslaughter, in which there is an intention to do harm. In some states, if involuntary manslaughter occurs in a vehicle, it has its own classification of vehicular manslaughter.

While involuntary manslaughter is considered a less severe crime than some other crimes related to the death of another individual, it is still incredibly serious. For this reason, many drivers facing these charges choose to have strong legal representation in court, as the outcome of a trial can impact your life for many years to come.

By : First Page Attorney | March 15, 2019 | Vehicular Assault Or Homicide


On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in violent crimes on Monday, March 4, 2019.

In many court trials across the United States, eyewitnesses are used to identify potential perpetrators of a crime. Suspects and fillers are made to stand in a lineup, while the eyewitness makes a physical identification. The problem lies in the fact that errors in the lineup identification process can lead to wrongful convictions and innocent people may be sent to prison for a crime they did not commit. According to the Innocence Project, 346 people were exonerated of their crimes after DNA evidence proved their innocence. Approximately 70 percent of those cases involved eyewitness identification and listed it as a contributing factor to the conviction error.

There are a myriad of things that can go wrong when witnesses are asked to choose a suspect from a lineup. First, the lineup administrator may inadvertently lead the witness to choose a specific person. Furthermore, the lineup may be organized in a way that promotes a person to stand out from the others. For example, if the suspect of a crime was said to have long hair and a tattoo, there should be more than one person in the lineup matching these characteristics. The witness should also be told that the suspect may or may not be present in the lineup, so he or she does not feel inclined to choose someone. Finally, all lineup procedures should be recorded so the judge and jury can review the process to ensure the procedures were handled correctly.

This information is intended to educate and should not be taken as legal advice.

By : First Page Attorney | March 4, 2019 | Violent Crimes

Clients Testimonials

Contact Us

Please fill in the form below to get in touch with us

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.

To schedule your initial consultation or to learn more about my firm, call 718-596-1829 or complete the lawyer contact form below.