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The Prosecution of Pedestrians

road.bmpRecently, in Georgia, a pedestrian was convicted of vehicular homicide related to the death of her four year-old son. The boy was killed in a car accident caused by a hit and run driver.

Raquel Nelson took a long bus ride with her three children. This was in April of 2010. At the end of the bus ride, she tried to cross the road directly in front of the bus stop. She was tired after a long day spent on the bus. Her apartment complex was approximately a third of a mile from the nearest traffic light. This would have caused her to cross five lanes of traffic and then walk a third of a mile back in the opposite direction. She would have to do this while having three young children to take care of. Instead, she crossed a road to a three foot medium in the center of the road. They crossed the road during a break in the traffic. Unfortunately, Nelson’s four year old son AJ followed other adults who were crossing ahead of them.

AJ was struck by a motorist who fled. After he was caught, the motorist admitted he was high on alcohol and pain killers. The driver spent six months in jail and is now serving five additional years probation.

Pedestrian Tried and Sentenced

Nelson was tried and sentenced to a year probation. In addition, she had to pay fines and complete community service. She was also given the option of a new trial, which option she has taken. It is unusual to prosecute a pedestrian. Nelson was convicted of contributing to the death of her son being in the “wrong place”.

Pedestrians will usually take the shortest route crossing the road. If the bus stop is placed far from a pedestrian crossing, most pedestrians will cross where the bus lets them out.

Low income families living in the suburbs are at a disadvantage. Many suburbs are designed for families who have cars. Low income families who are dependent on buses for transportation are forced to risk their lives crossing busy roads when there are no crosswalks near the bus stops.

Nassau and Suffolk Counties Have High Pedestrian Death Rates

Nassau and Suffolk counties on Long Island are the third and fourth most highly ranked counties in the United States on pedestrian fatalities per hundred thousand inhabitants. Approximately a third of all traffic deaths involve pedestrians in Nassau County, whereas only 20% of traffic deaths involve pedestrians in Suffolk County.

Pedestrians Should Not Be Prosecuted

Urban road designers should take into consideration women with young children needing to cross roads in location where buses drop them off.

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Criminal Defense Lawyers

For over 30 years, the Law Offices of Schlissel DeCorpo have been defended individuals charged with crimes throughout the Metropolitan New York area. We handle criminal matters in which an individual is charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Modification of Criminal Law

DWI’s

Generally driving while intoxicated convictions (DWI’s) are not subject to being expunged. Instead, in some circumstances these records can be sealed. We can also obtain for our clients waivers of civil disabilities for individuals convicted of DWI’s. This  allows them to obtain commercial licenses in the future or have their commercial drivers license reinstated.

The Expungement Process in New York

To expunge a criminal conviction in the State of New York it is necessary to bring an application to the court that rendered the original decision to convict the defendant. The court has discretion and on a case by case basis decides whether to allow the criminal conviction to be expunged. Generally speaking to have a criminal conviction expunged you must have been convicted as a juvenile, convicted of an allowable drug related offense, or have been arrested in a case and not convicted. Feel free to contact the expungement attorneys at the Law Offices of Schlissel DeCorpo for a free consultation regarding the issue of expunging a criminal record.

Contact an Experienced New York DWI Attorney

Based in Lynbrook, New York, The Law Offices of Schlissel DeCorpo represents clients throughout Long Island and New York City, including  Nassau County, Suffolk County and Queens, as well as Westchester County, Manhattan, Brooklyn, the Bronx, and Staten Island.  Call us at 800-344-6431.

Pet Torturer Sentenced

handcuff-150x150Sharon McDonough may permanently lose custody of her children! Sharon McDonough has been found guilty in Suffolk County, New York, of torturing and killing pets. She raised her children in what has been referred to as horrid conditions. Judge C. Randall Hinrich’s sentenced Ms. McDonough to two years in jail. He stated that her crimes were absolutely horrific. Her behavior has been referred to as sinister and evil.

Children Sleeping in Filth

The investigation concerning Ms. McDonough’s household found that her daughter slept in what can be only described as filthy conditions. Her children were forced to watch her torturing and abusing animals. Ms. McDonough choked a maltese dog to death. She did this in front of her ten year old daughter in June of 2006.

Son Turns in His Mother

Sharon McDonough had a son named Douglas. When he moved out of the home, he turned her into Rescue Inc., an animal rescue organization. He advised the animal rescue organization that he was concerned for the safety and well being of his sisters. Sharon McDonough is an embarrassment. Hopefully, she will receive counseling in prison to deal with her violent, abusive, sadistic behavior.

Family Law Attorneys

The Law Offices of Schlissel DeCorpo has been representing individuals in family related matters for more than thirty years. We represent our clients concerning separation agreements, annulments, pre-nuptial and post-nuptial agreements, child abuse and child neglect cases, as well as child custody matters. We litigate orders or protection in the family court. We represent clients in all aspects of divorce proceedings including, but not limited to, divorce grounds, equitable distribution and high net worth issues. Call us at 1-800-3446431, 516-561-6645 or 718-350-2802 if you need a matrimonial or family law attorney in the Metropolitan New York area.

A Father’s Rights Protected

Judge John J. Kelly, sitting in the Family Court of Suffolk County, recently rendered a decision in a custody case that the children’s best interest required that they be returned to the custody of their father. The case presented to him was a permanency hearing brought by the Department of Social Services. The Social Services Department had recommended that the children be returned to their father.

The children had been removed from the mother’s home. The children’s temporary guardians were actively involved in a private placement adoption. The children’s mother had died. Before her death, she had promised the guardians that they could adopt her children.

Father Never Notified

According to the decision, the court found that the father did not make these promises too. The promise to have the children put up for adoption by the guardians was solely made by the mother. The court found the father to be a fit parent. He complied with the court’s request to attend mandatory court programs. He had presented ample evidence to the court that he would provide a safe environment for the children to live in. He also encouraged the relationship with the children and their siblings who are in their maternal grandmother’s custody. The court also found that he had recently had a relationship with the children and that there was no abandonment by the father of his children. It was in the children’s best interest that their father be given full custody of them. A father’s rights had prevailed!

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Experienced Fathers’ Rights Lawyers

We represent fathers regarding divorce proceedings, orders of protection, child custody, child visitation issues, child support issues, spousal maintenance issues, alimony, child abuse and child neglect proceedings as well as child abuse defense. We also have extensive experience in dealing with paternity issues, child support, no fault divorces and equitable distribution of assets. Call for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

New York’s Mandatory Retirement of Judges: A Mistake

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New York judges must retire on or before September 31st in the year in which they reach seventy years of age. The statute is a mistake. It should be amended, modified, changed or eliminated completely.

Under the current system, judges who reach the mandatory retirement age can obtain up to three extensions for periods of two years. To obtain these extensions, the judge has to be re-certified that he or she is capable of continuing to work as a judge.

Numerous Judges who are forced into retirement are brilliant jurists. They still have a lot to contribute to resolving the problems faced by litigants. Forcing the most experienced and often the most dedicated judges into premature retirement does not benefit lawyers, litigants or the administration of justice.

Justice Edward A. Marin

Justice Edward A. Marin, who sits in the matrimonial part of the Supreme Court in Nassau County, was seventy years of age in 2010. I know Justice Marin to be a bright, articulate, energetic judge. I was shocked to find out he is seventy years of age. Men of Justice Marin’s caliber are simply too dedicated, too bright and too hard-working to be forced into early retirement. For more than thirty-five years, Justice Marin was an active attorney working in private practice in Nassau County. He has now been on the bench in both County Court and Supreme Court for in excess of ten years. I find Justice Marin to be a tough, bright, hardworking, respected justice. It is a shame that, in a mere six years, Justice Marin will be forced off the bench, even if he is approved for the three two-year extensions.

Amend The New York State Constitution

To deal with the mandatory retirement of judges, it will be necessary to amend the New York State Constitution. The process of amending the constitution requires two separately elected legislatures to approve the measure, and then the measure must be ratified by a majority of the voters in a state-wide referendum.

I am currently sixty years of age and I will turn sixty-one in March. I am young, energetic and still at the height of my tennis prowess. I don’t expect when I turn seventy to be considering retirement. Americans are living longer and longer and have more years of productive activity available to them in their professions than previous generations. Mandatory retirement ages for judges must be reconsidered.

divorceLong Island Divorce Lawyers

At the Law Offices of Schlissel DeCorpo, we litigate divorce proceedings on Long Island. We have extensive experience in handling matrimonial and family matters in both Nassau and Suffolk Counties. Our office also deals child custody cases and family court cases throughout the metropolitan New York area. We aggressively represent our clients regarding investigations concerning child abuse and child neglect. When our clients are served with orders of protection, we actively and effectively litigate these matters to have our clients returned to their homes.

Should you have a matrimonial or family law problem in the metropolitan New York area, call us at 516-561-6645, 718-350-2802 and 1-800-344-6431.

Suffolk County Develops Gun Shot System

gunshot-150x150In March of 2010, Suffolk County deployed a gun shot detection system in the two square-mile area of Huntington. This gun shot detection system uses computerized sound sensors to pick up the sounds of gun shots. The system is designed to establish the location of the origin of the gunshot. It is accurate to within approximately eighty feet. The system sends an alert to the police department of the origin of the gun shots.

A similar system has been utilized in Nassau County. The system in Nassau County has helped in providing of medical care for individuals who have been wounded by gun shots. They also have assisted the police in Nassau County in quickly identifying witnesses and making it easier to find the shooters and arrest them. The gun shot detection system in Nassau County, New York, was installed in Roosevelt and Uniondale, Long Island, in July of 2009. Since the installation of the system in Nassau County, there have been nine-hundred shooting incidents. The system in Nassau County is credited with the reduction of shooting incidents in Roosevelt and Uniondale.

Suffolk County decided to install the gun shot detection system after there was a series of shootings near Jack Abrams High School in Huntington Station. The gunfire involved was thought to have emanated from individuals who were members of the Latin Kings gang. The shootings in July of 2010 resulted in a sixteen-year-old being wounded. It forced the closing of this school. It is hoped that the gun shot detection system installed in Suffolk County will reduce the number of violent crimes utilizing firearms.

Criminal Defense

criminal-150x1504 The Law Offices of Schlissel DeCorpo represents individuals charged with a variety of criminal charges.  We  represent individuals charged with sex crimes, weapons possession, white collar crimes, as well as  all types  of violent criminal behavior. In addition, we assist our clients in driving while intoxicated cases (DWI’s),  juvenile crimes and all types of domestic violence allegations. Feel free to call us at 1-800-344- 6431; 516- 561-6645 or 718-350-2802 for a free consultation.

Funding of Divorce Litigation

divorce11-150x150There is a new concept in the handling of divorces that is accepted in a number of states.  Funding companies offer to cover the legal costs of litigating the divorces.  They pay for the legal services of the party’s lawyer.  They also pay for finding hidden assets and maintaining an individual’s lifestyle during the course of the divorce litigation.  What do they get for this? They receive a share of whatever is awarded to the litigant by the courts. An example of a company that does this type of work is Balance Point Legal Funding, located in Beverly Hills, California.
Michelle and her husband had assets of millions of dollars.  They owned several properties.  They had investments and they owned a freight hauling business.  They had two homes, as well as a motor home, and approximately six different cars. When Michelle brought a divorce proceeding against her husband, she ran out of money to continue with the lengthy litigation. This is a technique often used by husbands to force women into entering into settlements for a pittance of what they are actually entitled to.

Instead of accepting a smaller settlement, she entered into an agreement with Balance Point Legal Funding.  For a percentage of what she received, they advanced her $200,000 to allow her to live comfortably, as well as litigate her case.

Balance Point Legal Funding is part of a trend.  They are part of an industry that currently invests in other people’s lawsuits. This helps plaintiffs in divorces, personal injury matters, medical malpractice cases and other types of litigation to move forward with lawsuits when they would otherwise not have sufficient assets on their own to bring their case to fruition. Balance Point Legal Funding currently has more than one billion dollars invested in pending lawsuits in the United States.  The focus of Balance Point Legal Fundings is on divorce cases with marital assets between two and fifteen million dollars.

High Net Worth Divorces

The Law Offices of Schlissel DeCorpo handles high net worth divorces.  We deal with issues involving family businesses.  We help doctors, lawyers and dentists in obtaining divorces from their spouses.  We negotiate separation agreements that preserve our clients’ assets.  We also assist our clients with child custody and spousel maintenance (alimony) issues.  When the situation arises, we obtain annulments for our clients.  We negotiate prenuptial agreements, as well as postnuptial agreements, for our clients.  Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

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