Law Offices of Javier Damien

Phone: 212-625-2614 Fax: Fax: 212-625-2615
URL: http://www.damienlaw.com

Law Offices of Javier Damien 325 Broadway, Suite 505 New York, NY New York Co. 10007 (New York Co.)View Map

Criminal Law

Factual Stipulations in Criminal Trials
A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More...
Ex Post Facto Laws
An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes: More...
FEDERAL ENFORCEMENT OF CHILD SUPPORT
The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both. More...
FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT
A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing. More...
Preliminary Determinations of Admissibility of Evidence
Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts. More...

Areas Of Practice

  • Criminal Defense
  • Drug Crimes
  • DUI
  • DWI
  • Extradition
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