The Importance of Diligent Advocacy and Thorough Legal Research
This post will explore two cases handled by Thomas A. Corletta, Attorney at Law, a well known lawyer based in Rochester, NY. These cases demonstrate the significance of meticulous advocacy and comprehensive legal research in achieving favorable client outcomes. Read on for an in-depth look at real-life situations and how the legal proceedings played out.
Case I: People v. Anonymous
In the case of People vs. Anonymous, Mr. Corletta represented an individual who was emotionally and mentally distraught and found themselves in a challenging situation. While at a bowling alley, this person consumed alcohol and decided to head home despite inclement weather conditions.
Events Leading to The Arrest for DWI
As they were driving home, this person became overwhelmed with distress and pulled over on an expressway to compose themselves. However, their vehicle was not completely off the road, causing other drivers to slow down and move over to avoid it. This caught the attention of a State Trooper who stopped and approached the vehicle to check on the client. Observing the smell of alcohol and signs of intoxication, the Trooper arrested the client for Driving While Intoxicated (DWI).
Mr. Corletta’s Argument
Mr. Corletta diligently researched and prepared a strong defense strategy. He argued that his client’s emotionally distraught condition had contributed to the circumstances leading to their arrest and to the manner in which they acted. Further, he questioned the sufficiency of evidence regarding the client’s recent operation of a motor vehicle and their level of intoxication.
Outcome of the Case
After presenting his arguments at Trial, Mr. Corletta successfully obtained a reduction. The client was only convicted of the lesser-included traffic infraction of Operating a Motor Vehicle While Impaired by Alcohol. The outcome resulted in the minimum fine and that the client attended an Impaired Driver Program, which is largely educational in nature. The client was spared a criminal conviction and installation of a costly “Interlock” Device in their vehicle.
A key aspect of Mr. Corletta’s advocacy in this case was negating the Prosecutor’s attempt at portraying the client as a dangerous individual with a drinking problem. By emphasizing the client’s mental health issues and the factual circumstances surrounding their arrest, Mr. Corletta effectively framed the issues to highlight the unique challenges his client faced and the lack of evidence of recent operation, as well as manner of operation. This ensured a fairer and more balanced presentation of his client’s situation in Court.
Case II: Anonymous v. Anonymous
In the case of Anonymous v. Anonymous, Mr. Corletta tackled a complex paternity matter that involved potential long-term child support obligations. Paternity proceedings require individuals to take financial responsibility for a child up to the age of 21. Understanding the consequences in such cases is crucial in providing effective legal representation.
Doctrine of “Equitable Estoppel”
Mr. Corletta, thorough legal research and extensive knowledge of family law, he utilized the doctrine of “Equitable Estoppel,” which is commonly employed to prevent respondents from denying paternity, where there is an established relationship. This doctrine recognizes the importance of recognizing established parental relationships, even when there has been no paternity proceeding or finding.
Anonymous v. Anonymous Case Details
In Anonymous v. Anonymous, Mr. Corletta represented a client who denied paternity of an alleged daughter who was now 20 years old, and whom his client rarely saw. To establish paternity, the client requested a DNA test. This presented a challenge as the mother and Attorney for the Child opposed the DNA test, arguing that it would cause distress or trauma to the 20-year-old “child” involved.
Opposition to DNA Test
Despite this strong opposition, Mr. Corletta skillfully advocated for his client’s position. He cited cases that emphasized the importance of resolving conflicting affidavits in paternity cases by parentage testing and testimony. By presenting compelling legal arguments, Mr. Corletta successfully opposed the Motion for Summary Judgment filed by the opposition and forced a Trial, which the other side did not want.
Mr. Corletta’s Successful Evidentiary Hearing
As a result of Mr. Corletta’s diligent advocacy, the judge denied the Motion for Summary Judgment. This decision allowed the case to proceed to an Evidentiary Hearing (trial), where the issues surrounding paternity would be thoroughly examined. The successful outcome showcased Mr. Corletta’s expertise in family law matters and his ability to apply his specialized knowledge to benefit his clients, even when their position was unpopular. This resulted in a favorable settlement for his client.
Mr. Corletta’s Difference
With well over 40 years experience, Mr. Corletta is a highly skilled veteran attorney specializing in Family Law, Criminal Defense, DWI, and Bankruptcy. His exceptional advocacy and research skills showcase his unwavering dedication to his clients positions, which are often unpopular or contrary to popular opinions or beliefs. Mr. Corletta possesses a keen understanding of the complexities of the law and the diverse needs of his clients. He provides comprehensive and effective representation by staying informed about the latest legal developments and precedents.
Contact Thomas A. Corletta, Attorney at Law, today to benefit from his expertise, extensive experience, work ethic and unwavering commitment to effective representation. His incisive approach ensures clients feel protected and empowered throughout the legal process.