Full Service Law Firm in White Plains

Personal Injury

People who are injured in an accident often have significant medical bills and out of pocket expenses, and they may also suffer a loss of income if they are unable to work due to their injuries. Most accidents in which people sustain injuries could have been avoided and were caused by someone’s negligent acts. If you suffered injuries because of someone else’s negligence, you can pursue compensation for your harm from the negligent party. To recover damages from a negligent party in a personal injury claim, you must prove that he or she owed you a certain duty of care and that the duty was breached. You must also show that the breach caused you to suffer actual harm. A knowledgeable personal injury attorney can analyze your case and fight for the full extent of the damages that you may be able to recover.

Car Accidents

Car accidents occur all too often throughout Westchester County. In most car accident cases, the injured person will assert that the defendant driver caused the accident by driving negligently or recklessly. For example, perhaps they were texting behind the wheel, driving drunk, or excessively speeding. It is essential for anyone injured in a car accident to speak with an experienced attorney as soon as possible, since a lawsuit to recover damages generally must be filed within three years. A prompt investigation also is essential to gather evidence that will be vital to determining fault and proving liability.

Immigration

The process of immigrating to the United States is regulated by the United States Citizenship and Immigration Services (USCIS), which is a component of the Department of Homeland Security (DHS). USCIS establishes the requirements for entering the United States and manages applications and proceedings for asylum, visas, and citizenship. Immigration laws and regulations are highly technical and intricate, and they also change frequently. A foreign national should seek legal counsel if they are planning to come to the U.S. on a non-immigrant visa or if they are pursuing a green card, which confers permanent resident status. Once a foreign national has held permanent resident status for five years, or three years in some cases, they may be eligible to apply for citizenship if they meet certain additional requirements.

We also represent foreign nationals who are facing possible removal from the U.S. If you are in danger of being deported, you may be able to seek certain forms of immigration relief. These may include asylum, withholding of removal, cancellation of removal, Convention Against Torture relief, adjustment of status, and DACA relief. Cancellation of removal may be available for both green card holders and foreign nationals who are in the U.S. on a non-immigrant visa.

Criminal Defense

Being charged with a crime can be terrifying, and defendants may feel overwhelmed by the criminal justice system. The State has a high burden of proof in criminal cases, however, and if it cannot meet this burden, the defendant should not be convicted. Specifically, the State must prove beyond a reasonable doubt that the defendant has committed each element of the crime with which he or she is charged. “Beyond a reasonable doubt” has been interpreted to mean that the evidence is so strong that no reasonable person could come to any conclusion other than the conclusion that the defendant is guilty. Our White Plains criminal attorneys can carefully investigate the details of your case and present any substantive or procedural defenses that may apply.

Family Law

Legal disputes between family members can be emotionally draining and life-changing. Family law matters include divorce and child custody and support proceedings, as well as disputes over paternity, adoption proceedings, and prenuptial and postnuptial agreements. New York laws provide guidelines for issues such as the division of assets and child custody, but courts also have substantial discretion. For example, a judge will focus on the best interests of the child when they are determining a child custody arrangement, but this can involve considering many different factors. Property division must be equitable, which means fair, rather than exactly equal.

Divorce

Most people marry with the intent of staying married forever, but the fact remains that almost half of all marriages end in divorce. In New York, a divorce petition can be filed on no-fault or fault-based grounds. If the parties both live in New York, and the grounds for the divorce arose in New York, there are no minimum residency requirements that the parties must meet before filing for a divorce. In cases in which the parties were married in New York, and one spouse still resides in New York, both parties lived in New York, and one party is still a resident, or the grounds for the divorce occurred in New York, the residency requirement is one year. Finally, a party can file for a divorce if either party lived in New York for two years prior to the date of filing.

Bankruptcy

When people are mired in debt and unable to pay their bills, they often fear that they cannot regain their financial stability. In many cases, however, people with significant debt can obtain relief by filing for bankruptcy. Individuals filing for bankruptcy typically seek relief under Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7 and Chapter 13 bankruptcy each have unique eligibility requirements, and there are benefits and detriments to each type of filing. For example, Chapter 7 provides a more efficient resolution to your debts, while Chapter 13 may allow you to keep more of your property.

Consult a Skilled White Plains Attorney Regarding Your Legal Needs

Many types of legal matters have serious consequences that can permanently affect your rights. At Osorio Cachaya Law Offices, PLLC, our attorneys are dedicated to helping our clients achieve the best legal result possible under their unique circumstances, and we will help you develop a plan that suits your needs and objectives. We represent people in White Plains and throughout Westchester and Dutchess Counties, as well as in Queens, Brooklyn, the Bronx, and Manhattan. We can be contacted at (914) 361-4728 or via our online form to schedule a meeting with a White Plains criminal lawyer or discuss a personal injury, family law, bankruptcy, or immigration matter.