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As a member of the Law Guardian Panel in Nassau County Family and Supreme Court since 1996, attorney Jill Stone has represented thousands of children. She’s seen firsthand the effect divorce and custody proceedings have on a child and she tries to make the situation as easy as possible by following the words of wisdom her father gave her when she was starting out. Stone spoke with Pulse on when a child needs a lawyer and how to make custody battles easier. Long Island Pulse: What are some common mistakes parents make in custody disputes? Jill Stone: Parents believe that the children, especially ones of young age, don’t hear things and don’t understand what is happening. Lots of times I come in and a child will say ‘oh you’re my lawyer cause my parents hate each other.’ Parents don’t realize the detrimental effects of their behavior. Pulse: What are some of those effects? Stone: Some children become very depressed. I’ve had clients that cut themselves. I’ve had clients that lock themselves in a room and refuse to talk to either parent. It manifests in many ways. Pulse: How does your role help to mitigate those effects? Stone: I tell my clients immediately that it’s no longer their problem. It’s mine. Instead of eavesdropping they can call me and I’ll get them accurate information. I try to take them out of the mix and I become their voice. I tell the parents that if they want to talk about the case with each other it should be between 9am and 3pm when the children are out of the house. I give them the children’s bill of rights under the law and let them know what the children are entitled to under the law. I try to explain that the children should be free from being in the middle and I ask the court for support in protecting the children and ask the court to admonish the parties. Pulse: Tell us a little bit about your background. Stone: My father was one of the top criminal defense attorneys in Queens County and I was brought up with the taste of practicing law and helping people. I worked with him from high school and after college I wasn’t sure what type of practice I wanted to go into. I worked in the District Attorney’s office as a paralegal at the beginning. When I decided I was going to law school I applied and was accepted to the City University of New York Law School at Queens College and was in the inaugural class. CUNY Law School is a law school in the service of human needs and after graduation I started practicing with my dad and my brother. Pulse: What inspired you to focus on children? Stone: My father’s specialty was criminal law. When I started to practice with him, there was a very bad case and the defendant also had a case in family court as well as supreme court. My father basically said OK you’re an expert in family court, gave me this file and I started to practice. As I got more into matrimonial law I had a case where the attorney for the child was assigned and her position was so detrimental to the little girl at issue, that I inquired into what it took to become an attorney for children. Pulse: Why would a child need a lawyer? Stone: In different parts of family law, including juvenile delinquency cases, neglect proceedings and especially in custody cases, parents believe what they’re advocating for their children and doing is what is in their best interest. However, the parents do not realize that their judgment is clouded because they are so involved emotionally in their own case that an independent attorney is needed to represent the child. Pulse: What qualifies a person as a child’s lawyer? Stone: It’s different in each county, but in Nassau County you have to be admitted to the bar for a minimum of five years and have a mentor who the lawyer will shadow for a period of time. There are many continuing legal education courses that must be taken by the attorney. Pulse: What does a child’s lawyer do? Stone: Attorneys for children must set forth the wishes of the child. The judge determines the best interest in terms of living arrangements and other issues concerning the child. As an attorney for children, I don’t have to agree with their wishes but I must present them to the court. Attorneys for children counsel the child on what the outcomes can be regarding custody issues and financial aspects when it relates directly to their behavior. Pulse: Does the age of the child matter? Stone: Yes, age matters. Attorneys for children are charged with representing the wishes of the child. If the child is young the attorney for the child must do their own investigation. If the child is five or older, we must represent the child’s wishes to the court and we may only substitute judgement if there is evidence that the child is not of sound mind. An example is in the case of an infant or if I feel the child’s judgment is pressured by outside forces I make sure to speak to the child’s pediatrician, caretaker or school so I receive the proper information to advise the court. Pulse: What was the best piece of advice you got when starting out? Stone: It comes from my father and I’ve tried to emulate it. The only thing you have is your integrity. Never compromise your integrity for anything or anybody and you’ll have the respect of whomever you’re dealing with. Your goal should be that if you say something in court or to your adversary that they won’t have to question it, because it came from you.

One March 10 th, 2016, our client was acquitted of all charges involving Criminal Possession of Marijuana. It was alleged that our client was in possession of approximately fifty (50) pounds of marijuana recovered from a house in Queens, New York. New York Criminal Defense Attorney Todd Greenberg argued that the District Attorney failed to present evidence proving “constructive possession” of the marijuana beyond a reasonable doubt which ultimately resulted in the acquittal. Most significantly, the Defendant was allegedly seen leaving the house by undercover police who were conducting surveillance with a bag containing three or four pounds of marijuana and was followed to a location where he made an alleged sale to a third party who was also arrested. However, On November 16 th, 2015, a Queens County Supreme Court Judge suppressed the recovery of the marijuana that was found in the bag and United States currency that was allegedly given to my client for the purchase. (See Suppression of Marijuana Granted in Felony Drug Case, below). Without that evidence at trial, the District Attorney could not make the connection to the fifty pounds of marijuana found in the house. The cycle has now been completed: based on Mr. Greenberg’s hard work the Defendant was “NOT GUILTY” of all charges. Once again, knowledge of the Law, extensive experience in cross-examination of police witnesses and persistence and dedication in preparing pretrial motions and trial preparation, resulted in a complete acquittal of all Felony drug charges. If you are arrested and charged with narcotic possession or sale of a drug call New York Criminal Defense Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through www.addabboandgreenberg.com.

Our client was charged with Assault where it was alleged by the complaining witness that our client intentionally ran him over with a limousine. Our client and the complainant were employed by a limousine company in Queens County. Although they were friendly with each other for twenty-five (25) years, the complainant began to act irrationally and became violent towards our client. The complainant alleged that when he was walking into the limousine garage, our client intentionally aimed his vehicle at him and, at a high rated speed, clipped him with the vehicle causing serious injury to his elbow, leg, neck and back. However, on cross-examination, after taking photographs and measurements of the garage, it was established that it would be impossible for our client to have reached a high rated speed in such a short distance. Further, during cross-examination, Criminal Defense Attorney Todd Greenberg had the complainant mark a photograph indicating where all the parties were and, once again, using speed and timeframe calculations, demonstrated that it was impossible to occur as stated. Mr. Greenberg also argued that the motivation for the false charges against our client was a civil lawsuit and workers compensation claim and that the complainant sought financial gain and fabricated his testimony ” NOT GUILTY!”. Once again, knowledge of the Law, extensive experience in cross-examination of witnesses and extensive trial preparation has led to the acquittal of our client. If you need our help, call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com.

Queens DWI attorney Todd Greenberg obtained a dismissal of a complaint charging Operating a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the Criminal Court Complaint. The complaint alleged that the Defendant was involved in a motor vehicle accident, that the Defendant made an incriminating statement that she was “confused” and the arresting officer stated in the Criminal Court Complaint that he observed the Defendant to have “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent, and defective to the legal sufficiency of the complaint was any allegation whatsoever that the Defendant ingested a drug, that the drug ingested was prescribed by the Public Health Law and that after ingesting the drug, the Defendant operated a motor vehicle impaired by such ingestion. Indeed, the complaint failed to mention the drug involved! Moving immediately for a dismissal of the complaint based on applicable law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Further, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the acts of the police officer in arresting this Defendant without “Probable Cause”. Once again, knowledge of the Law and immediate action in Court has resulted in a dismissal of a DWI charge against our client. Call us. 718-268-0400, www.addabboandgreenberg.com.

A Queens County Supreme Court Judge suppressed the recovery of pounds of marijuana and United States currency based on an illegal search and seizure of a vehicle. A Dunnaway/Mapp Hearing was held where police officers of the Field Intelligence Unit testified that they went to a location based on an “anonymous tip” and saw our client get into the driver’s seat of a van with a paper bag that appeared full. The police testified that the van pulled over, a person got in and the police observed, from outside the van, an alleged drug transaction where United States currency was given to our client, the driver, and a bag was given to the buyer. After pulling our client out of the car, handcuffing him and doing the same to the alleged buyer, the police looked in the bag and discovered approximately five pounds of marijuana. Based on a legal Brief submitted by Criminal Defense attorney Todd Greenberg, it was pointed out to the Court that the tip received was vague, that the officers failed to testify that they had any special training in drug transactions, that the exchange of a brown paper bag and money alone were not circumstances that would lead a reasonable person to believe a crime was being committed and that the police actually took our client into custody before any drugs was observed. In sum and substance, Mr. Greenberg argued that there were absolutely no facts to indicate that there was probable cause for an arrest or for a search of the vehicle. Suppression granted! Most significantly, Mr. Greenberg was retained after pretrial hearings were denied in that prior counsel failed to prepare proper moving papers and the case was scheduled for trial. Immediately upon being retained, Mr. Greenberg reviewed the file, moved to reargue pretrial motions and was granted hearings. If Mr. Greenberg had not seen that the Suppression Hearing was wrongfully denied the case would have proceeded to trial. However, instead, all evidence was suppressed and cannot be used in Court. Knowledge of the law, knowledge of how to cross examine police witnesses and persistence and dedication in preparing a legal Brief that essentially the Court adopted, resulted in the Constitutional Rights of our client being upheld. If you are arrested and charged with narcotic possession or sale call Queens Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through QueensLaw.com.

Two Defendants, in unrelated cases, who both maintained their innocence to charges of Driving While Intoxicated, had their DWI cases dismissed and sealed on the same date in New York County. Both cases were dismissed based upon a violation of the Constitutional Rights of those Defendants to a Speedy Trial. In each case, DWI defense attorney Todd Greenberg was ready to proceed on each and every occasion, forcing the District Attorney to be ready for Hearings and Trial. On each such date, the People were not ready to proceed resulting in extensive Motion Practice setting forth that the Prosecutions’ delay violated Constitutional Speedy Trial Rights mandating dismissal. Although dismissal of both cases was adamantly opposed by the District Attorney the Judge granted the Motion of DWI attorney Todd Greenberg for dismissal. Once again, preparation and knowledge of the law has resulted in a favorable disposition for our clients. Call criminal defense attorney Todd Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com

A Southern District of New York Federal Judge granted what the Judge called a “significant variance” from the Federal Sentencing Guidelines with regard to a fifty (50) year old defendant who pled guilty to Possession of Child Pornography via the Internet. The Defendant was originally charged with Distribution and Possession of Child Pornography via the Internet. Immediately upon being retained, Federal Criminal Defense Attorney Todd Greenberg secured the Defendant’s release on a $100,000.00 signature bond. Thereafter, after discovering significant mitigating factors, Mr. Greenberg retained an expert to perform a Psychosexual evaluation. There were legal hurdles that Mr. Greenberg had to overcome to secure a fair sentence for his client who readily admitted his guilt: The charge of Distribution of Child Pornography via Internet carried a mandatory minimum of five (5) years’ incarceration. A presentation was made to a committee of Assistant US Attorneys in the Southern District and, based on the mitigating circumstances presented, Mr. Greenberg was able to procure a plea to Possession of Child Pornography, a charge that did not carry a mandatory minimum sentence. Citing the character of the Defendant, his continued counselling, his low risk of recidivism and the inherent unfairness of the Federal Sentencing Guidelines for Child Pornography possession, the Federal Judge granted a “significant variance” from the Guideline Range. Instead of a Federal Guideline sentence between 6 ½ years to 8 years, the Defendant received a 2 year sentence with three years’ supervised release. Through the effort of Federal Criminal Defense Attorney Todd Greenberg, his client’s sentence was significantly reduced. Please contact Criminal Defense Attorney Todd Greenberg at 718-268-0400 if you are charged with a computer crime.

We are not just great lawyers! Addabbo and Greenberg partner Dominic “Buddy” Addabbo and New York City Criminal Court Judge Stephanie Zaro perform “Songs in the Key of Queens” highlighting artists from Queens, New York at the Assistant District Attorney’s Association of Queens County Spring/Summer dinner meeting on June 4, 2015.

Queens Attorney Todd Greenberg, President of the Assistant District Attorney’s Association of Queens County and the Honorable Randall Eng, Presiding Justice of the Supreme Court, Appellate Division, Second Department, present award to Honoree Albert Gaudelli, Esq., at the organizations dinner meeting at the Douglaston Club.