VEHICULAR MANSLAUGHTER: YOU NEED TO GET A STRONG DEFENSE

VEHICULAR MANSLAUGHTER: YOU NEED TO GET A STRONG DEFENSE
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Tuesday, June 18, 2019.

Vehicular manslaughter is an interesting charge, because it can be used against those who are negligent or who had criminal intentions. The individual may or may not have been intoxicated at the time of a crash.

With any vehicular manslaughter case, there are a number of penalties that can be used against those who killed someone with their vehicle. Penalties may be as little as fines and minor jail time for involuntary manslaughter, while criminal cases may land people in prison for life. It all depends on the situation and what led to the victim’s death.

What should you do if you hit someone while you’re driving?

In any case, even if you intentionally hit someone, the reality is that you need to stay at the scene. Leaving can make everything worse and result in hit-and-run charges. Fleeing can also make it appear as if the crash was intentional, even if it wasn’t. You don’t want to make the situation worse for yourself, so you should always stay and attempt to help the victim by calling 911.

There are cases where you can defend against charges, too, even if you intentionally hit someone. For example, if someone is pointing a weapon at you in your vehicle while blocking your exit and you choose to hit them to escape, there’s a chance that you could argue that you had to do that to defend yourself.

It’s best to talk to your New York attorney right away if you hit someone with your vehicle, whether it’s intentional or not. Your attorney will begin taking steps to protect you and your interests immediately. Your attorney will find out which charges you’re facing and what they can do to mitigate them. They’ll talk to you about possible plea deals and discuss if you’ll face criminal charges or only claims from the family.

Every case is different, so it’s essential that your attorney is on board early enough to help. The type of charge you’ll face depends solely on the facts that surround your case. The way you act will have an impact on the claims people make against you, and it’s essential that your attorney is there to help you defend your name and character.

There is a high potential for a long prison sentence with any conviction for killing another person. Protect yourself by making sure you don’t speak to the police without your attorney present.

By : First Page Attorney | June 18, 2019 | Uncategorized

REBUILDING YOUR LIFE WITH A NEW JOB AFTER A CONVICTION

REBUILDING YOUR LIFE WITH A NEW JOB AFTER A CONVICTION
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in drug trafficking on Sunday, June 16, 2019.

For people in New York who have been convicted of criminal offenses, the thought of getting back into life in a positive way can be exciting and terrifying. One of the most important ways that a person can get their life back on a good track is to get a job that allows them to properly take care of themselves and their family. With so many employers conducting background checks before offering a person a job, one might wonder how to get a job with a criminal conviction on their record.

According to Monster.com, many employers today are more than willing to consider people with criminal records for new jobs. A survey by the Charles Koch Institute and the Society for Human Resources Management found that two out of three people in HR roles and eight out of 10 hiring managers believed that a candidate with a criminal record has just as good of a chance of being a great employee as does their counterpart with no criminal record.

When approaching a job search, it can be helpful for a person to do their own background check. This will provide them insight into what details a potential employer will see. Glassdoor recommends that a job seeker proactively inform a company about their criminal record rather than wait for them to learn about it via a background check.

When discussing past indiscretions, it is important to focus on what was learned from the experience. This can help an employer trust that the person will not repeat the behavior.

By : First Page Attorney | June 16, 2019 | Drug Trafficking

WHAT IS THE FRUIT OF THE POISONOUS TREE DOCTRINE?

WHAT IS THE FRUIT OF THE POISONOUS TREE DOCTRINE?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in violent crimes on Sunday, June 9, 2019.

If you have never heard of the fruit of the poisonous tree doctrine, but find yourself facing criminal charges in New York, you should educate yourself about this important legal doctrine that could play an important part in the defense you and your attorney mount.

LawTeacher.net explains that the U.S. Supreme Court established the fruit of the poisonous tree doctrine in Nardone v. United States, a 1939 case for which Justice Felix Frankfurtur wrote the majority opinion.

What the metaphor means

It likely will not surprise you to learn that the fruit of the poisonous tree doctrine is a metaphor having nothing to do with actual fruit or trees. What this metaphor means is that law enforcement officers cannot benefit from any evidence (fruit) they collect from a poisonous tree (an unconstitutional search and seizure). The judge must throw out any such evidence they recover and neither they nor anyone else can use it against you in court.

Fourth Amendment

If you have not recently reviewed your American history, you need to know that the U.S. Constitution’s Fourth Amendment guarantees your right to remain free from unreasonable searches and seizures. This Amendment constitutes the basis from which the fruit of the poisonous tree doctrine flows.

Despite the fact that neither the Amendment nor any U.S. law or court case has ever precisely defined the meaning of “unreasonable,” courts have long since established that a warrantless search almost always falls squarely into this category. Additional criteria can also apply, such as a search procedure that contaminates the evidence gathered. Your criminal defense attorney undoubtedly has become well versed in making a fruit and tree challenge to evidence. If (s)he successfully challenges the evidence in your case, the State will lose its supposed evidence and the judge will have no choice other than to dismiss the charges against you.

This is general educational information and not intended to provide legal advice.

By : First Page Attorney | June 9, 2019 | Violent Crimes

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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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