Areas of Practice

A trial is the phase of the criminal proceeding where the facts are presented to a jury or a judge, and a decision is made about guilt or lack of guilt. The burden of proof is on the prosecution, and the standard is proof beyond a reasonable doubt. Most felony cases are tried before a jury of 12 persons. Misdemeanors and lesser offenses can be tried before a 6-person jury or before a judge. In a jury trial, the verdict must be unanimous. 

The phases of trial generally include jury selection, opening statements, testimony (presented through direct examination and challenged by cross-examination), physical and documentary evidence, summations, deliberations and verdict. 

The length of a trial varies depending upon the nature of the case and the amount of evidence involved. A drug sale or weapons possession trial can take a week or less, whereas a homicide or complex fraud case can take months. 

Glenn Garber is an experienced, tenacious, and fearless trial lawyer.  He is respected by courts and adversaries.  His pragmatic no nonsense style of litigation and jury appeal has led to great successes at trial. 

Sentencing is the phase of the criminal proceeding where the judge imposes the penalty. The sentence may include jail time, probation or a fine, among other things. Sentencing can occur after a conviction by guilty plea or by a guilty verdict after trial. There is usually a delay of several weeks between a finding of guilt and sentencing.  Sentencing proceedings vary significantly based upon the court and the nature of the conviction.

In federal courts sentencing occurs after a detailed Pre-Sentence Report (PSR) is prepared. This report thoroughly explains the offense and the defendant's background for the court's consideration. Federal sentencing proceedings may involve in-depth analysis of the Federal Sentencing Guidelines as well as factual hearings where testimony is given, similar to a trial. In federal court it is imperative that a sentencing memorandum is submitted in advance of sentencing and that the attorney makes a compelling oral presentation at the sentencing hearing. Glenn A. Garber, P.C. has extensive experience with the Sentencing Guidelines, and our strong oral and written advocacy has led to extremely favorable outcomes. 

Good lawyering is also important at sentencing proceedings in New York and New Jersey State courts, especially where the conviction occurs after trial or where an open guilty plea is taken (no promise from the Court as to the sentence). 

Glenn A. Garber, P.C. has litigated numerous sentencing proceedings. Focusing on mitigating factors and generating sympathy for our clients has led to extremely favorable results.

Once convicted, every criminal defendant has the right to appeal. Glenn Garber, P.C. is skilled at digesting complicated and lengthy trial court records and presenting them in compelling narratives that identify issues most likely to resonate with appellate courts. In New York and New Jersey, the first appeal in a felony case is brought before an intermediate appellate court known as the Appellate Division (NY App. Div. and NJ App. Div.).  If the appeal is unsuccessful, another appeal can be brought in the highest Court in the State. In New York, the highest Court is called the NYS Court of Appeals; in New Jersey it is called the NJ Supreme Court.  Cases in the high state courts are accepted as a matter of discretion, not as of right.  

Federal appeals proceed in a similar manner. Once convicted in federal court, every criminal defendant has the right to appeal in the Circuit Court. New York cases are heard in the Court of Appeals for the Second Circuit and New Jersey cases are heard in the Court of Appeals for the Third Circuit. If the appeal is not successful in the Circuit Court, a criminal defendant can request that the United States Supreme Court hear the case. This request is called a petition for a writ of certiorari. Like a high state court, the U.S. Supreme Court has the discretion to accept or reject a review of the case.

All persons in the United States have the right to be free from government abuse, misconduct and the unfair application of the law.  When these rights are violated, the Civil Rights Act and other laws empower civilians to sue government actors and their agencies for their wrongs and atrocities.  In fact, this is a way that civilians can force governments and their agents to be held accountable for their misconduct and change official policies and practices.

Relief for civil rights violations usually comes in the form of money damages, known as compensatory and punitive damages.  Compensatory damages are compensation for losses that are suffered.  Punitive damages punish officials for their actions and are awarded in cases of gross misconduct.

Glenn A. Garber, P.C. has successfully tried and settled numerous civil rights cases, and has obtained millions of dollars in awards for its clients.

Glenn A. Garber, P.C. only handles civil rights cases on a retained or contingency basis (does not charge client but receives a portion of the fee if the litigation is successful). The firm is selective in the cases it takes on and only expends its time and resources where governmental misconduct is egregious and injury is significant.  

The types of civil rights cases that Glenn A. Garber, P.C. takes are wrongful convictions, false arrest, malicious prosecution, and police brutality cases.

If someone is arrested but not prosecuted, if a criminal case is dismissed, or if there is an acquittal after trial, the arrestee or criminal defendant may be able to bring a false arrest or malicious prosecution claim. If law enforcement officers use excessive force a police brutality case may be brought. False arrest, malicious prosecution and excessive force claims can be advanced in state or federal court. 

These lawsuits are brought against governmental officials or their agencies and seek compensatory (money) damages. The arrested or abused person is the plaintiff in the civil case and the government officials and their offices are defendants. 

Strict statutes of limitations apply. In state causes of action, a notice of claim must be filed within 90 days of the event and a complaint must be made within a year and 90 days. Federal civil rights claims are usually brought under Title 42, Section 1983, of the United States Code and must be brought within 3 years of the event. Statues of limitations may be extended in certain circumstances, where, for example, a claimant is incarcerated and prevented from bringing a claim.

Wrongful conviction cases are litigated in two basic stages. The first step is to exonerate (absolve from blame) the criminal defendant. This is usually done by filing a motion to vacate the conviction in state or federal court.  If the motion is successful, the result may be exoneration or the granting of a new trial. If a new trial is granted, exoneration does not occur until the charges are dismissed or there is an acquittal after the new trial. 

The second step occurs after a criminal defendant is exonerated. The exoneree may then bring a wrongful conviction claim and/or a civil rights action for compensation depending on the circumstances of the exoneration.