Blog ARCHIVES

ABKLaw BLOG: The Law on Bicycles on the Sidewalk in New York City

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:   The Law on Bicycles on the Sidewalk in New York City The next time you are thinking of riding your bike on the sidewalk – think twice, or make sure there are not any police officers around.  Indeed, you may be surprised to learn that it is …

ABKLaw BLOG: NY State Passes Child Victims Act. Learn About Your Rights as a Survivor.

VICTIM OF CHILD SEXUAL ABUSE WHILE IN A PUBLIC SCHOOL OR PUBLIC INSTITUTION IN NEW YORK STATE? DON’T LET THEM GET AWAY WITH IT. LEARN ABOUT THE NEW YORK CHILD VICTIMS ACT. Today Governor Cuomo signed into law a landmark legislation called the Child Victims Act. This law extends New York’s statute of limitations to …

ABKLaw BLOG: Joaquin Guzman (El Chapo) convicted of all counts

A BLOG from our #ABKLaw Partner John S. Esposito, Esq.  Joaquin Guzman (El Chapo) was convicted of all counts on Tuesday after a three month trial that exposed the inner workings of one of the world’s most notorious drug cartels. The kingpin, who attained folk hero status in parts of Mexico, now awaits sentencing where …

ABKLaw BLOG: Landmark Discovery Legislation in Criminal Cases

A BLOG from our #ABKLaw Partner Hon. Barry Kamins:  Landmark Discovery Legislation in Criminal Cases Almost a half century ago, New York enacted a discovery statute that provided minimal discovery for defendants in criminal cases. That statute is about to be repealed and replaced with a groundbreaking new piece of legislation. In this proposed legislation, the prosecutor …

ABKLaw BLOG: To Arrest or Issue a Summons? A conundrum with huge implications!

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:   To Arrest or Issue a Summons? A conundrum with huge implications! Enforcement of low-level offenses in New York City has always been arbitrary and inconsistent.  Examples of such offenses are trespass, consumption of alcohol in public, possession of marijuana, being in a park after dark, unlicensed vendor, …

ABKLaw BLOG: Supreme Court to Take Another Look at DWI cases

A BLOG from our Aidala, Bertuna & Kamins P.C. Partners Hon. Barry Kamins and Marianne Bertuna: Supreme Court to Take Another Look at DWI cases   The police are called to the scene of an accident in which one or more individuals have been injured or killed. There is strong evidence at the scene that …

ABKLaw BLOG: DWI murder charges dismissed – eligible for incredibly reduced sentence

A BLOG from our #ABKLaw Partner Michael Jaccarino:   Our client was indicted for murder and was facing a minimum of 25 years in prison and a maximum of life. After several months, we convinced the judge that the murder charges were insufficient and they were dismissed, resulting in the client being eligible for an incredibly …

ABKLaw In The News: Statement from Senior Federal Judge, Southern District of New York

A case our Managing Partner Arthur Aidala, Esq. worked on. It’s not every day you hear this in court: “Well, every once in a while a lawyer comes along like Mr. Aidala who both through the eloquence of his presentation and also the total sincerity that he projects and his great care for his client impresses the …

#ABKLaw Live October 30 – All attorneys were on trial in both arenas of law…civil and criminal.

Here’s a look at what we were up to recently…Aidala, Bertuna & Kamins P.C. #ABKLawLIVE — what goes on behind the scenes at a NYC law firm. Our Managing Partner Arthur Aidala was on AM 970 The Answer, The Joe Piscopo Show — and on the docket the rest of this week – all of …

Voluntary intoxication is not a defense

Voluntary intoxication is not going to hold up as a defense. Involuntary intoxication may in some cases, such as if a person spikes your drink when you're only 19 years old and you unknowingly partake in underage drinking. If you chose to get drunk and then committed a crime, though, you cannot use the fact that you were drunk to stay out of trouble.

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