Author Archives: Eric Bernstein

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About Eric Bernstein

Eric Bernstein is a criminal defense & personal injury attorney in New York City, New York.
EMAIL: ebernstein@nylegaljustice.com
BIO: About Eric
PHONE: 877-21-NYLAW

Why Do New Yorkers Need SUM Coverage?
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Why Do New Yorkers Need SUM Coverage? | Eric Bernstein

{2:10 minutes to read} Protect yourself and your family from the unthinkable. On the night of December 20, 2015, a young woman named Lakeisha Holloway drove her car onto a crowded sidewalk on the Las Vegas Strip, killing one person and injuring at least 30 more. This can happen anywhere and anytime. Holloway and her daughter had been living in her car. Sad but true. Even worse for the people, she injured and killed, we can reasonably assume that her motorist insurance, if any, was minimal.

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I’ve Been in a Car Accident, Now What?
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I’ve Been in a Car Accident, Now What? | Eric Bernstein

{4:30 minutes to read} If you are in a car accident, many thoughts and emotions flood your mind. Make sure you follow these steps. If you feel that you may have been injured, you need to go directly to the emergency room by ambulance from the accident scene. Even if you are not obviously injured, the only way to determine whether you need medical attention is to get examined immediately after the accident.  

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I Slipped and Fell! Now What?
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I Slipped and Fell! Now What? | Eric Bernstein

{2:30 minutes to read} Scenario: You slip & fall on snow, ice or a broken sidewalk, and you become injured as a result. The insurance company will do everything they can to cast doubt on your claim and prevent you from recovering compensation. Thorough documentation will help your chances of success. Witnesses – If anyone was around to witness your accident, try to get their contact information.

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The Bill Cosby Case: Convicted by the Media
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The Bill Cosby Case: Convicted by the Media | Eric Bernstein

{3:45 minutes to read} Whether you’re a celebrity like Bill Cosby or a regular person, any time someone makes allegations involving potentially criminal behavior, it is scary. When allegations involve crimes of a sexual nature, the presumption of innocence seems to shift. The accused must prove innocence. While this is not the law it is an unfortunate reality. Even though there seems to be an overwhelming amount of evidence in the Bill Cosby case, numerous victims telling similar stories, we must be extremely careful about what we accept and what we reject.

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New York’s “Must Arrest” Policy In Domestic Violence Situations
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New York’s Must Arrest Policy In Domestic Violence Situations | Eric Bernstein

{3:00 minutes to read} In New York State, any time police respond to a domestic violence complaint, someone is getting arrested. Unlike most criminal accusations, where police have discretion to make an arrest, domestic violence cases have a “must arrest policy.” This means that a withdrawal of the complaint by the person seeking help will not prevent the arrest of the individual allegedly responsible for the disturbance.

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You Need a Lawyer Willing to Fight for You, Especially if You Don’t Have a Perfect Case
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You Need a Lawyer Willing to Fight for You, Especially if You Don’t Have a Perfect Case | Eric Bernstein

{3:00 minutes to read} If you suffer a serious injury in an accident, you want to make sure you have a lawyer who will fight to get you the money you deserve. Many attorneys, unfortunately, will urge you to accept settlement offers far below what you should get to cover your injuries if the case is complex or appears to be difficult to win.

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Should You Have a Judge or a Jury Decide Your Fate?
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Should You Have a Judge or a Jury Decide Your Fate | Eric R Bernstein

{3:45 minutes to read} If you have been charged with a crime and have been unable to reach a satisfactory plea deal, your case will likely proceed to trial. If this happens, there will be many things for you to consider. The most important decision you will be faced with is whether to have a jury trial or to have the judge decide your case (called a “bench trial”). Are you being charged with a misdemeanor or a felony? If you are charged with a Class “A” misdemeanor,

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Can You Recover for False Arrest?
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Can You Recover for False Arrest? | Eric Bernstein

{Time to read: 3.5 minutes} If you have been arrested and can show that the police lacked probable cause, you may be entitled to monetary compensation. Here are some factors to consider: False Arrest vs. Malicious Prosecution: There are at least 2 separate causes of action that may be applicable. If you were arrested without probable cause but then released within a reasonable amount of time, you may be entitled to recover for the false arrest itself.

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If You’re Facing a Felony Indictment, Should You Testify at the Grand Jury Hearing?
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If You’re Facing a Felony Indictment, Should You Testify at the Grand Jury Hearing? | Eric Bernstein

{Read this article in 3 minutes} If you are arrested in New York and charged with a felony, generally the prosecutor has 180 days from the time of the charge to procure a grand jury indictment against you and go to trial. Unless you waive your right to a speedy trial, if the prosecutor is unable to get an indictment and try the case within the 180-day period, your case will be dismissed.

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Stopped by the Police While in Possession of Drugs? Know Your Legal Rights
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Stopped by the Police While in Possession of Drugs? Know Your Legal Rights | Eric R. Bernstein

If you are found to have unlawful drugs in your possession, you could be facing serious criminal charges. Depending on the type and quantity of the drugs found on you, you could even be sentenced to jail time. Therefore, it is important to know your legal rights, and what you should do if you are stopped by the police while you are in possession of illicit substances. There are 3 different scenarios of how and where you might be stopped, and each setting brings its own set of Constitutional protections:

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Private Defense Attorneys Have Time For You
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Private Defense Attorneys Have Time For You | Eric R. Bernstein

A public defender is a publicly-paid criminal defense attorney assigned to individuals who cannot afford to hire an attorney on their own. The essential difference between private attorneys and public defenders is that in addition to selecting their clients, as opposed to representing everyone in need, private attorneys are paid by their clients directly.  In terms of other differences, my conversations with clients that have had public defenders say the attorneys are overworked and are not able to provide the personal attention that they and their family members required.

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What To Do and Not Do If You’re Pulled Over for a DUI
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What To Do and Not Do If You’re Pulled Over for a DUI | Eric R. Bernstein

If you are pulled over by the police and have been drinking enough that you have credible concerns of being found intoxicated, you need to take certain steps immediately to protect your legal rights. To give yourself the best chance to get out of the situation without facing real legal trouble, here are some tips: 1.  Comply with the police officer’s basic requests: If the police ask you to hand over your license and registration, do so. Refusing or arguing will not do you any good and will only make the situation worse.

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Law Offices of Eric R. Bernstein: Serving New Yorkers Since 2005
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Law Offices of Eric R. Bernstein: Serving New Yorkers Since 2005 | Eric R. Bernstein

I attended the University at Binghamton, SUNY, where I completed my undergraduate studies. I then went on to attend Hofstra University’s School of Law. During my time at Hofstra, I was lucky enough to be hired by the Nassau County District Attorney’s Office as an assistant district attorney under Dennis Dillon. I continued working at the District Attorney’s office after graduating. While there, I was involved with prosecuting cases from low-level offenses, eventually earning a promotion to the felony trial bureaus.

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