Experience Matters!

The experience that a criminal defense lawyer can bring to your case is essential as well. With any profession, it simply makes sense that you get better the more experience you have, and this is certainly true of the law. As a lawyer gains more experience, they'll know not only the best way to proceed, but will know some of the common mistakes that less experienced attorneys will make. They'll be able to both steer your case in the right direction, and prevent its derailment at the same time.

Remember that your criminal defense attorney's job is to assist you in the legal process so make sure he/she explains to you what is going on. If the attorney you pick takes on a lot of cases, chances are they are going to be too busy to let you know what is going on. This can cause you undue panic and stress; keep looking for another criminal defense attorney to talk to.

Choosing a lawyer which offers their clients a brilliant service which puts your needs first then you will be able to get all of the help that you need. Whenever you have questions which refer to your case you will then be able to get the advice. They will have plenty of time to discuss every detail with you. Not knowing what will actually happen to you is one of the worst things which can happen; the right legal representation will get rid of some of this anxiety because they can keep you fully informed.

Our Firm Currently Provides Full Legal Services in the Following Boroughs of New York:

Manhattan · Alphabet City · Astor Row · Battery Park City · Bowery · Carnegie Hill · Chelsea · Chinatown · Civic Center · Columbus Circle · Cooperative Village · Diamond District · East Village · Ellis Island · Financial District · Five Points · Flatiron District · Garment District · Governors Island · Gramercy Park · Greenwich Village · Hamilton Heights · Harlem · Hell’s Kitchen · Herald Square · Hudson Heights · Hudson Yards · Inwood · Kips Bay · Koreatown · Lenox Hill · Le Petit Senegal · Liberty Island · Lincoln Square · Little Germany · Little Italy · Loisaida · Lower East Side · Lower Manhattan · Madison Square · Manhattan Valley · Manhattanville · Marble Hill · Marcus Garvey Park · Meatpacking District · Midtown Manhattan · Morningside Heights · Murray Hill · NoHo · Nolita · Peter Cooper Village · Polo Grounds · Radio Row · Randall’s Island · Roosevelt Island · Rose Hill · San Juan Hill · SoHo · South Street Seaport · South Village · Spanish Harlem · Strivers’ Row · Stuyvesant Town · Sugar Hill · Sutton Place · Tenderloin · Theatre District · Times Square · TriBeCa · Tudor City · Turtle Bay · Two Bridges · Union Square · Upper East Side · Upper Manhattan · Upper West Side · Ward’s Island · Washington Heights · Waterside Plaza · West Village · Yorkville

A Criminal Defense Attorney Can Help You!

No one ever plans to be accused of a criminal offense, yet it can happen to anyone at any time. You find yourself in a situation where you need help, but you don't know where to turn. Too often the accused will accept their court ordered attorney and assume that one criminal defense lawyer is as good as the next. The reality though, is that there is much to be gained by choosing a lawyer who can provide the best criminal defense.

How can having your own legal representation assist you instead of a legal aid attorney? First, your lawyer is going to decide what the best course of action is going to be for your case. In several cases, he/she may work with the prosecutor to get you a plea bargain. In many other cases, you may want to go to trial and have the outcome determined there. Only a competent and well-experienced lawyer can give you the best possible end result for your case.

A good criminal defense lawyer can also make things happen much faster. Trials can find themselves getting delayed for all sorts of different reasons. This can create no end of problems including higher fees, lost earnings and inconvenience. If you can choose the right criminal defense lawyer then you will be able to speed up legal proceedings.

Our Firm Currently Provides Full Legal Services in the Following Boroughs of New York:

Queens · Arverne · Astoria · Bayside · Bayside Hills · Belle Harbor · Bellerose · Bellerose Harbor · Bellerose Manor · Bellrs Manor · Breezy Point · College Point · Corona · Douglaston · East Elmhurst · Elmhurst · Floral Park · Flushing · Forest Hills · Fresh Meodows · Glen Oaks · Hollis · Howard Beach · Jackson Heights · Laurelton · Little Neck · Maspeth · Middle Village · Ozone Park · Queens Village · Rego Park · Richmond Hills · Rockaway Beach · · Z Ozone Park · S Richmond · Saint Albans · South Ozone Park · Springfield Gardens · Whitestone · Woodside · Rosedale · Woodhaven

Criminal Defense and Identity Theft

Even before the invention of the Internet, identity theft crime was a problem for millions of people. Now that the Internet flows into millions of homes around the world, online identity theft is running rampant and new laws are passed every year to combat this growing frustrating problem. When you're charged with identity theft, you need to know what to expect.

When a person is convicted of online identity theft, their punishment is based on two factors. The first factor is how much was stolen, a monetary value. The second factor is if you've got a criminal record. Since charges can vary, you should have the right criminal defense attorney at your side to help you see through the confusion of those charges.

Whether the charges are minor or serious, it's vital you have a criminal defense attorney who knows how to handle these charges in court. There are several things they will do to make the entire agonizing experience be a little less painful. First, your attorney will explain what the charges mean. Since laws on these charges can change every year, it can be tricky to adequately defend yourself in the court of law. The criminal defense lawyer will gain access to the information you would otherwise be unable to get on your own.


Our Firm Currently Provides Full Legal Services in the Following Boroughs of New York:

Brooklyn · Bath Beach · Bay Ridge · Bensonhurst · Bergen Beach · Borough Park · Brighton Beach · Brooklyn Heights · Caharise · Coney Island · Ditmas Park · Ditmas Park West · Downtown Brooklyn · Dyker Heights · Flatbush · For Hamilton · Fulton Ferry · Gowanus · Gravesend · Greenpoint · Greenwood Heights · Manhattan Beach · Manhattan Terrace · Mill Basin · Mill Island · Ocean Hill · Park Slop · Prospect Lefferts Garden · Prospect Heights · Prospect Park South · Sea Gate · Sheepshead Bay · Souther Park Slope · Sunset Park · Williamsburg

Make Sure You Get the Best Criminal Defense

If you're in trouble with the law, your knee-jerk inclination might be to hire the first criminal defense lawyer you can find in a telephone book. Depending on the severity of the crime and your personal background, the need to find a lawyer and do it fast could absolutely be present. But, going with just anyone is not the best way to hire a criminal defense lawyer. It's important to make sure you hire someone who is not only competent, but also a person you can and will work with.

A good Manhattan criminal defense lawyer will want your case to be handled as a team effort. He or she will need to rely on input from you as much as possible. He or she will also need to be able to develop a good rapport with you to ensure the case is handled in the best possible manner to obtain a good or at least fair outcome. Inasmuch, it's vital that you and your lawyer have not only an ability to talk with each other, but also trust each other on a basic level. This will be particularly vital not only if you're innocent of the charges, but maybe even more so if you're guilty.

Considering the importance of a working relationship with a criminal defense lawyer, it's very important to make sure there's at least a face-to-face meeting before you hire the person. What you'll be able to find out if you do a personal interview is a whole lot.

We serve the following areas in Manhattan:

Manhattan · Alphabet City · Astor Row · Battery Park City · Bowery · Carnegie Hill · Chelsea · Chinatown · Civic Center · Columbus Circle · Cooperative Village · Diamond District · East Village · Ellis Island · Financial District · Five Points · Flatiron District · Garment District · Governors Island · Gramercy Park · Greenwich Village · Hamilton Heights · Harlem · Hell’s Kitchen · Herald Square · Hudson Heights · Hudson Yards · Inwood · Kips Bay · Koreatown · Lenox Hill · Le Petit Senegal · Liberty Island · Lincoln Square · Little Germany · Little Italy · Loisaida · Lower East Side · Lower Manhattan · Madison Square · Manhattan Valley · Manhattanville · Marble Hill · Marcus Garvey Park · Meatpacking District · Midtown Manhattan · Morningside Heights · Murray Hill · NoHo · Nolita · Peter Cooper Village · Polo Grounds · Radio Row · Randall’s Island · Roosevelt Island · Rose Hill · San Juan Hill · SoHo · South Street Seaport · South Village · Spanish Harlem · Strivers’ Row · Stuyvesant Town · Sugar Hill · Sutton Place · Tenderloin · Theatre District · Times Square · TriBeCa · Tudor City · Turtle Bay · Two Bridges · Union Square · Upper East Side · Upper Manhattan · Upper West Side · Ward’s Island · Washington Heights · Waterside Plaza · West Village · Yorkville

Hiring a Criminal Defense Attorney

Before hiring any criminal defense attorney in Queens, you need to do the following things:

* Shop around. Don't just look at fee structures. If you're innocent, you need to prove that no matter the cost. The consequences of doing otherwise can be monumental. Especially in the midst of a legal matter it may seem like you have no time to shop around, but it's precisely at this time you must be picky and deliberate about who you hire.

* Find an attorney you can talk with. If you don't like the person representing you or at least cannot communicate with him or her, you have a problem. Be certain the person you hire is one you can clearly communicate your side of the case to.

* Check the criminal defense lawyer's background. Has this person been to trial before? Did he or she win? How many times? What certifications and memberships does he or she have? What's the overall success versus failure track record?

* Has the attorney handled cases like yours before? This can make a big difference. Criminal law is different from tax law by a long shot and going to trial is a very different experience than settling out of court in a civil suit. Get the best expert in the area you need expertise in.

We serve the following areas:

Queens · Arverne · Astoria · Bayside · Bayside Hills · Belle Harbor · Bellerose · Bellerose Harbor · Bellerose Manor · Bellrs Manor · Breezy Point · College Point · Corona · Douglaston · East Elmhurst · Elmhurst · Floral Park · Flushing · Forest Hills · Fresh Meodows · Glen Oaks · Hollis · Howard Beach · Jackson Heights · Laurelton · Little Neck · Maspeth · Middle Village · Ozone Park · Queens Village · Rego Park · Richmond Hills · Rockaway Beach · · Z Ozone Park · S Richmond · Saint Albans · South Ozone Park · Springfield Gardens · Whitestone · Woodside · Rosedale · Woodhaven

No Compromise for Criminal Defense

Hiring trial attorneys to handle a criminal defense in New York or other serious legal matters should not be a process that's taken lightly. The lawyer or lawyers you hire could very well have your life in their hands. So, if proving your case and doing it well is a priority (and why wouldn't it be) than getting the best is a must.

Almost every week there's a report somewhere about a person who was falsely accused and convicted on criminal charges. A good attorney can help ensure his or her clients don't add to the statistics. Good attorneys know how to handle trials inside out and backwards and they fight tirelessly to see that justice is served on behalf of their clients. If proving your innocence is a must, then finding the best lawyer is key.

No matter how compelling your case is or how well you can prove your innocence, the justice system isn't perfect. Mistakes happen. Good criminal defense attorneys can minimize the chances for this.

Our Firm Currently Provides Full Legal Services in the Following Boroughs of New York:

Brooklyn · Bath Beach · Bay Ridge · Bensonhurst · Bergen Beach · Borough Park · Brighton Beach · Brooklyn Heights · Caharise · Coney Island · Ditmas Park · Ditmas Park West · Downtown Brooklyn · Dyker Heights · Flatbush · For Hamilton · Fulton Ferry · Gowanus · Gravesend · Greenpoint · Greenwood Heights · Manhattan Beach · Manhattan Terrace · Mill Basin · Mill Island · Ocean Hill · Park Slop · Prospect Lefferts Garden · Prospect Heights · Prospect Park South · Sea Gate · Sheepshead Bay · Souther Park Slope · Sunset Park · Williamsburg

Benefits of Your Criminal Defense Lawyer

If you are in the unfortunate position of being charged with a criminal offense, it is essential that you retain good Brooklyn criminal defense lawyers immediately to preserve your rights. There are many factors that go into a criminal charge, and your defense law firm will have specialist attorneys and staff that are experienced and who can dig deep into any factor that is part of your case.

Criminal charges may be brought against a person for many reasons, from DWI/DUI traffic violations, drug offenses, white collar crimes, and personal injury cases such as assault, theft, or sex crimes. These crimes can involve incarceration and felony charges, and you would need an aggressive defense to reduce or eliminate them on your behalf.

Brooklyn Criminal defense lawyers know the US laws pertaining to these serious charges and can help you. If violence is involved, or threat of violence, or even a hint to cause harm, you could find yourself locked behind bars for years. Criminal charges can be brought for crimes against a person, or a business, or for theft from a person or business. Larceny, robbery, and burglary penalties can vary according to the value of items involved. An aggressive defense is required to defend yourself against unfair charges and extreme sentences.

Much has been in the news lately about white collar crimes, and the damages caused by internal sabotage, insider trading, fraud, computer crimes and embezzlement. What a person may think only hurts a business can actually harm many more humans in the process. A trial for these matters also demands an aggressive defense against harsh sentences.

For drug offenses, unlawful possession, sale, or use of banned substances can result in jail time. Growing, manufacturing, or making narcotics will have similar penalties. These crimes can put you away for decades, as they are serious offenses. Each case is different, but your experienced group of Brooklyn criminal defense lawyers can sort out the details to help you in court and on appeals.

Points to a Good Criminal Defense Lawyer

4. Consider the effects of a criminal case on a person's profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case.
5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn't you want to do it in your own defense. It costs money but it would be "penny wise and pound foolish" to skimp on this part of your defense - that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any Brooklyn criminal defense attorney must be sure to understand the "elements" of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn't know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a Brooklyn criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

Attributes of a Good Criminal Defense Lawyer

People often ask how to determine if a Brooklyn Criminal Defense Lawyer is good or not. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can't change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. The rules apply everywhere.

1. The lawyer must care about the result and the client's well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person's life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a Brooklyn criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

7-Key Questions for a Criminal Defense Lawyer

7 Key Questions to Find the Right Lawyer for your Criminal Defense

1. The first question to ask would be simply, How many years has the Manhattan criminal lawyer practiced criminal law.Someone with a fair number of years of experience, such as 10 years or more, would be preferred. Your future is too important to hand over your defense to a new law school graduate.

2. The second question you'll want to learn the answer to will be how many trials has the lawyer handled. This is important because your lawyer should be familiar and confident with the process. There are some so called "criminal lawyers" who rarely, or never go to trial and are known as "settling attorneys". Many times they aren't comfortable in trials, and even if it isn't best for their client, they find a way to settle without going to trial. The prosecution can sense that fear of going to trial, which can have a detrimental effect on possible plea bargaining for the client. Definitely, a lawyer who has tried 50 to 100 or more cases will maintain a stronger bargaining position.

3. Another thing you should determine is the number of jury trials the attorney has handled. Additional areas of expertise are needed in jury trial with facets like selecting jurors, and knowing how to be persuasive to jury members. As you can probably guess, more experience with jury trials is better than less. If your Manhattan criminal defense lawyer has handled 40 or 50 jury trials, he or she should have learned a lot about strategy in that area.

4. While you can certainly ask a potential lawyer about his or her experience, an even better way to determine that is is through a reliable certification process. Some states recognize specializations in different areas of law and if a lawyer qualifies according to the state's requirements, he can reflect that specialization in his marketing and advertising materials. However, many states don't allow specializations (including my state of Oklahoma). Fortunately, there is a national certification available through the National Board of Trial Advocacy This is a very rigorous certification process, requiring significant experience in criminal trials, a written exam, peer review and recertification every 5 years.

If a lawyer has achieved this certification, you have an unbiased third party validation of her experience, instead of having to rely simply on what the lawyer says about her ability.

5. Something else you should ask about is how and when the Manhattan criminal defense lawyer will communicate with you. Use the first consultation (which is often free, however be sure to ask ahead of time) to assess whether you will be comfortable and confident handing your case over to this person.

6. Make sure to ask if the lawyer you think you are hiring will actually be the one who is handling your case. This is important because some firms will have you talk to a lead lawyer initially and then give your case to a newer lawyer in the firm to handle. I believe a criminal charge deserves an experienced and seasoned lawyer, not someone just out of law school.

7. Ask about the costs involved. Find out whether the lawyer charges an hourly rate or a flat fee. Obviously, it is better for you, the client, to get a flat fee. That way you know exactly how much you need to pay as opposed to being concerned that the lawyer is trying to string things along in order to increase his fees. Also, determine what is covered in the flat fee, such as does that fee cover fees for a trial or will there be additional costs for that?

Questions for a Criminal Defense Lawyer

There's a pit in your stomach as the cop starts coming toward you and utters the words "I'm arresting you for a criminal offense."

Your mind starts racing with thoughts like " What in the world am I going to do? How is this going to affect my life, freedom, family, job? What can I do to protect myself? How do I decide on the right lawyer so I have the best legal help possible?"

Regrettably, this crisis is a possibility for anyone. Innocent people are charged with crimes as a result of many different circumstances, such as honest mistakes, or overzealous, or malicious actions by others. Good people also make mistakes and choose the wrong course of action in a difficult situation.

Whatever the case is, you sure enough need the best representation you can get.

All of a Sudden Nothing is More Important

You realize that a conviction will have ruinous effects on your life so it's important to seek the best attorney you can afford, whether you need a Manhattan criminal defense lawyer .

And even though you are "under the gun" to hire someone, this decision must be made with care. After all, if your life was threatened in a medical emergency, such as needing brain surgery, you probably wouldn't want the cheapest doctor to perform it. Moreover, you shouldn't choose an attorney based on who charges the least. At the same time, that doesn't necessarily mean you have to hire the most expensive person.

How Are You Supposed to Pick a Manhattan Criminal Defense Attorney, then?

Should you hire your brother-in-law's estate planning lawyer, or the attorney who handled your high school friend's divorce? What about going to the yellow pages and picking the lawyer on the first page of the attorney listings, or the law firm with a two page ad?

I don't advocate any of those methods for someone charged with a criminal offense. The problem is that just because someone went to law school and passed the bar exam, that doesn't mean he or she is effective and experienced in criminal defense Manhattan. Many have never set foot in a courtroom.

All Lawyers Are Not the Same

In the medical field there are doctors who specialize in certain parts of the body and so, too, many lawyers concentrate on just a few areas of the law. There are just too many types of law for someone to be an expert in every area.

Think of it this way. Do you really think that someone who spends most of their time writing and negotiating contracts for businesses would be as effective in the courtroom as a lawyer with decades of experience in criminal law?

What's more, when you hire an expert, you have to expect that the cost is going to be higher than hiring someone else with only a moderate amount of knowledge or experience.

What Can Criminal Defense Lawyers Do for Me?

Every day at least one potential client asks me, \"What can you do for me?\" It is natural enough. A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges. Before they make that expenditure they want to know what they are getting for their money. Usually when we spend money we get something tangible in return. Unfortunately, hiring a criminal defense lawyer Manhattan is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation. Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor. If the lawyer could promise a certain result the implication would be that justice is for sale. In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant. Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a criminal defense lawyer Mahattan can say things like, \"Assuming everything you say is true, based on my experience this is probably what is going to happen.\" However, potential clients should be wary of statements like this. Everyone is biased towards themselves, and all the more so when the stakes are high. Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does. As a result often neither the prosecutor nor the court will end up accepting the potential client\'s version of events as the whole truth. Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court. So most often, when a lawyer says, \"assuming everything you say is true, this or that will happen,\" the client hears, \"if you hire me, then the result will be this or that.\"

Well, if one should not hire a criminal defense lawyer Manhattan based on a predicted result, on what basis should the client hire a criminal defense lawyer? First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc. Also, you should meet with your potential lawyer and base your decision on personal rapport. Ask yourself does this lawyer seem honest, ethical and competent? Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests? These are the questions one should ask themselves rather than what is this person promising to do for me.

Mediating Your Divorce

New Yorkfamily law cases are governed by the rules of the County Superior Court. Under those rules, parties must attempt to mediate before going to trial. A family law mediation Brooklyn usually takes place at the office of a third-party, neutral Seattle family law attorney with whom the parties contract to help resolve the issues of their case. This attorney must be experienced in the nuances of New York family law so that he or she may advise each side as to how a judge is likely to rule if the case went to trial. The parties usually remain separate from each other during the mediation, and the mediator travels back and forth between each party’s station with offers and counter-offers from each side.

Not all counties in New York State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Brooklyn family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.

However, it is also not wise to jump to settlement too soon. Often parties in Brooklyn family law disputes “just want things to be over” and will settle before making an informed decision. The New York family law attorneys at Melvin E. Rosenthall Law can help you assess your divorce case and help you get it resolved in a way that is fair to all parties. Our New York child custody, divorce, modification, and adoption lawyers understand the emotional challenges of divorce and can help you by being a clear thinker during an unclear time. Give us a call and come in for a consultation on your New York family law case today because divorce doesn’t have to be a nightmare.

Hiring a Divorce Lawyer

Family law is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.

A Brooklyn family law attorney should be well versed in all areas of New York family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.

A Brooklyn family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.

Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised - and who should raise them - when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the "best interest of the child", although this can be difficult to determine. An experienced Brooklyn family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.

What Does Family Law Cover?

Family law attorney Brooklyn matters represent a sizable chunk of any jurisdiction’s docket and can be among the most emotionally charged matters seen in court.

Family law attorney Brooklyn deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.

Divorce and child custody cases make up the vast majority of family law cases. Family law requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a family law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.

Adoption makes up a smaller, but significant area of family law attorney Brooklyn. In adoption, some or all of the rights of the original parents are terminated, and the adopting family gains these rights in family law court. Family law attorneys in these cases handle negotiations with birth parents or the state, and finalize any agreements among the parties.

Paternity is yet another area of family law. Paternity cases determine the biological parents of a child and establish these parents’ rights and responsibilities with regard to the child. As traditional marriage becomes less common, paternity suits and related child support and custody cases are on the rise.

Civil union litigation are an emerging area of family law, as traditional marriage has been joined by civil unions as a legal option. Family law litigation that may arise related to civil unions include the dissolution of civil unions, adoption and child custody issues and property and legacy issues.

Sharing Custody

"Do what's best for the kids."

Everyone says that during a divorce new york. But determining "what's best" often becomes a mud-slinging tug-of-war where no one wins - especially the children.

Shared parenting plans attempt to diffuse the fighting, putting the children first. Both parents get joint legal and physical custody. The terms "custodial parent" and "visiting parent" no longer apply.

Supporters say joint custody new york helps fight the "fading father" syndrome, keeping dads emotionally and financially involved.

It makes sense. In a perfect world, children should grow up in a loving, supportive environment with both parents. And in a perfect world, both parents should share equal responsibilities, eradicating "traditional" gender roles where the father's the sole breadwinner and the mother's the sole caregiver.

But in the real world of divorce, the rational, level-headed thinking that joint custody often requires doesn't always seem possible. And that's the biggest barrier.


It's not easy for an ex-husband to drop the kids off at the home of his former wife, who he says lives with a new boyfriend every other month. It's equally difficult for an ex-wife to encourage her kids to see their dad after he walked out on them. And one woman complains that shared parenting keeps her from moving up in her career, since she can't take her dream job across the country without giving up her son. She questions adhering to the rules when, in her opinion, the father ignores the children and doesn't pay any child support.

But even the courts are increasingly favoring joint custody new york, instead of choosing one parent over the other. Recently a divorced couple in Boston made headlines when an Appeals Court ruled that the mother and father would rotate school years, so that one parent gets the child during the school week and the other parent gets the child for the weekends for one year. Then the parents will reverse the schedule the next year. Both parents had asked for sole custody.

Child Support

Child support New York is the obligation to make payments for the financial care and support of your child during and after a separation or divorce. Generally, the non-custodial parent pays the custodial parent. A father may be required to pay the mother or the mother may be required to pay the father.

What Does Child Support Cover?
Child support New York covers a child's necessities and day-to-day expenses. Courts may order one parent to pay a specific amount to the other parent to cover part of a child's expenses, such as:

•Food
•Clothing
•Housing
•Education
•Health insurance
•Medical care
•Activities
•Child care
•Special needs

Calculating Child Support
States use different guidelines to calculate how much a parent should pay for child support. You may want to look at one of the many child support calculators available online.

Items that may be important to your state's child support calculation include:

•Parents' incomes
•Parents' assets (property, investments and so forth)
•Child's medical expenses
•Daycare costs
•Time child spends with the non-custodial parent
•Children's ages
•Child support or alimony from a prior marriage
•Insurance costs

Making Child Support Payments
In most states, child support must be paid on a set day each month. You may be able to set this schedule according to when you are paid. Most states have child support "registries" you can pay into each month. The money is then forwarded on to the custodial parent.

Paying into a child support registry is a good option, because then you have a government record of what you paid.

If you pay the money directly to your child's other parent, make sure to pay by check or money order, so that you can prove you've paid. Never pay in cash, no matter how insistent the custodial parent is.

Preparing for Divorce

If you are the one planning to initiate the divorce action, think carefully about whether it is what you really want. Consider whether reconciliation is possible or whether couple's or marital counseling could help. If you decide to go ahead with the divorce New York, address the following issues:

•Hire a family lawyer new york you can trust. Remember, this person should make you feel comfortable and should look after your interests.

•Gather together to give to your attorney copies of all your financial records including tax returns, pay stubs and investments. Keep these documents together and make sure you keep copies for your own records.

•Gather together to give to your attorney copies of any documents relating to ownership of property and personal belongings. While it is unlikely that your soon-to-be ex will fight with you over who owns your clothes, the ownership of an antique brooch from the man's side of the family could quickly become a heated debate. Know whose name is on the title for any houses, land, cars, boats, or other vehicles.

•Discuss with your lawyer the timeline of what has to happen when, and make sure you keep a running calendar of important dates and documents or appearances that are required of you.

•Open separate checking and credit accounts. Separate your paychecks from your spouse's as soon as possible.

•Work on making important decisions regarding any children or other dependents as quickly as possible.

•Revise your will. Make sure to put in provisions for any children in your custody upon the event of your death. Discuss with your attorney who you would like to raise your children.

•If you need to, acquire your own health insurance.

•Notify everyone. Your employer, health and life insurance, and pension accounts, especially, will want to know of your new single status.

Divorce is one of the most stressful situations you will ever go through. That said, remember to cut yourself a little slack, but also try to keep yourself calm and focused to the best of your ability. Inability to timely communicate or act can result in a divorce proceeding dragging on for months or years longer than it needs to be. Do your best to treat those around you with politeness and civility whenever possible to alleviate tension. With a little planning and a good attorney new york, you'll make it through just fine.

More on the Divorce Process

Service of Process.
The party who files for divorce also needs to file proof of service of process. This is a document that shows that a copy of the divorce petition was given to the other party. Service of process can be either very dignified or very undignified or anywhere in between. If the parties mutually agree on the divorce, it is best for the party who files the complaint to arrange for service of process to the other party's attorney. Having a process server visit one's spouse at his or her place of employment to serve papers falls into the undignified category.

Response.
The party who receives service of process will then need to file a response to the petition. If a divorce was sought on fault grounds and the responding party wants to dispute those grounds, he or she will need to address it in the response. The responding party may choose to dispute the facts that are alleged to be the grounds for divorce or he or she may choose to assert a defense to the grounds. If there is disagreement as to property division, support, custody, or any other issue, this should be set out in the response.

Negotiation.
If the parties don't agree on all the issues, they will need to try to negotiate their differences. The court may schedule settlement conferences that attempt to move the parties toward a final resolution of the issues. If the parties disagree on child custody and visitation, the court may also order mediation, evaluation of the children and parents by a social worker or other court employee and that a lawyer or guardian ad litem be appointed to represent the children. Other issues that may need to be negotiated are the property division and any spousal support.

Trial.
Any issues the parties absolutely cannot resolve between themselves will have to be decided at a trial. However, going to trial will take longer, cost more money, and have less predictable results so it is probably best to avoid going to trial if possible.

Order of Dissolution.
The order of dissolution ends the marriage and spells out how the property and debts are to be divided, custody, support and any other issues. When the parties negotiate their own resolution to all of the issues, they will draft the order of dissolution and submit it to the court. If the order of dissolution complies with legal requirements and both parties entered into it knowingly and willingly, then the judge will approve it. Otherwise the court will issue an Order of Dissolution at the end of the trial.

What Happens During a Divorce?

The necessary steps in obtaining a divorce will depend on the particular situation of the parties getting the divorce. A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debts should be less involved than a divorce where the parties have been married for a long period of time, where there are minor children, or where there is significant property or debt to divide. The divorce process should be simpler in cases where both parties want and agree to the divorce. If one party is blind-sided by receiving divorce papers they might respond by doing whatever they can to prolong the process. Finally, the more the parties can agree on between themselves the smoother and quicker their divorce. If the couple is bogged down in fighting and disagreements over anything and everything, the process will be slower.

Filing a petition.
The first step in the divorce process is filing a petition. Even where both spouses agree that they want to get divorced, one of them will have to be the one to file a petition with the court asking for the divorce. The petition will state the grounds for the divorce. The grounds for divorce vary depending on the jurisdiction. All jurisdictions allow for some type of no-fault grounds such as "irreconcilable differences", but only a few states still consider fault grounds for divorce, such as adultery or abandonment. Your lawyer can tell you whether fault grounds are available in your state, and if so, whether or not it makes sense to file for divorce on fault grounds.

Temporary Orders.
If one spouse depends on the other for financial support or will have custody of the children, that spouse needs to ask the court for temporary orders for support and custody. For example, if a stay at home mom files for divorce, she will need financial support from her husband to continue paying the household bills. She will also need a temporary custody order and a temporary child support order for the kids. A temporary order is usually granted within a few days and will remain in effect until a full court hearing. If the party seeking the temporary order is the same party who files the petition, they should file them at the same time. If the party seeking the temporary order did not file the petition, they should file their request for the temporary order as soon as possible.

Family Law Practices

Family life is never static, but is filled with ups and downs that either enhance or weaken delicate family dynamics. Sometimes, families look forward to upcoming marriages or the adoption of a new child. Other times, families are devastated by loss or the anticipation of an impending divorce. When your family faces difficult times or exciting change it is important to contact a family law lawyer that will take the time to help you explore your options and reach a conclusion that is in the best interest of you and your family.

Family law matters are often complex and are usually handled during periods of high stress and emotion. It can be difficult to make life-impacting decisions under such circumstances. For this reason, it is important to have a family law lawyer help you wade through the chaos. An experienced attorney should be able to help you see the larger issues at play and provide the advice you need to make informed decisions about your future.

There are always questions that arise when families face new possibilities or change structure. A family law attorney should be able to answer any questions you may have, like:


•How will I support myself after a divorce when my spouse was the primary income earner?
•How do I fight for sole custody of my children?
•What should be included in a prenuptial agreement?
•How do I protect my interests in divorce proceedings?
•What do I need to be aware of when considering adoption?
A family law attorney can help individuals in a wide range of matters regarding marriage, divorce, adoption, child custody, spousal support, domestic abuse, grandparents rights and any other matters related to family law.

If you are going through a divorce or need assistance with the legal issues involved with adoption or getting married, seek advice from a family law attorney. A skilled attorney should be able to help you understand the legal ramifications of decisions you have to make and fight to protect your best interests.