Frequently Asked Questions about Crime Victims

What types of criminal cases does Belluck & Fox handle?

Who is the responsible party in a drunken driving injury accident?

What is Dram Shop liability?

I was a victim in an automobile accident where the other driver was using their cell phone at the time. Can charges be brought?

I was attacked in a parking deck and the assailant was never caught. What legal rights do I have?

What is date rape?

I'm not sure if I was date raped or not and I'm scared. What should I do?

What are my rights in a police brutality claim?

What does it mean to "walk" a criminal conviction?

Should I contact a lawyer to help me with my criminal victim case?

What Types of Criminal Cases Does Belluck & Fox Handle? 
The Law Offices of Belluck & Fox brings cases on behalf of the victims of crime in the areas of: · Victims of Drunk Drivers and Dram Shop Cases · Victims of Drivers Using Cell Phones · Assault and Homicide · Date Rape · Inadequate Security against Building Owners · Policy Brutality

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Who is the Responsible Party in a Drunken Driving Injury Accident?
Anyone driving under the influence of alcohol or another substance, which causes an accident, is considered negligent, and may be liable to pay for all damages. In addition, those who provided the alcohol may also be considered negligent and liable for damages. Many states have laws which impose liability on bars, clubs, restaurants, or hotels which supply liquor improperly. Contact a Belluck & Fox attorney today for information on the laws that apply in your state.

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What is Dram Shop Liability?
Under dram shop liability laws, a party injured by an intoxicated person can sue the establishments or persons who contributed to that person's intoxication, for example a bar or homeowner where a party was held. This type of claim is often used in auto accident cases involving a DUI. For example, if you were injured by a drunk driver to whom a liquor store sold alcohol when he/she was obviously intoxicated, your dram shop claim would be against that liquor store.

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I Was a Victim in an Automobile Accident Where the Other Driver was Using Their Cell Phone at the Time. Can Charges be Brought?
A study showed that the risk of a traffic accident while using a cellular phone is the same as that while driving drunk, with the cell phone user 400% more likely to get into an accident. If the driver claims they were not using their cellular phone at the time, records from the telephone company can be obtained to prove use at the time of the accident. In addition, the records can also reveal additional witnesses, i.e. the party on the other end of the cell phone call. Even if no criminal charges are filed against the driver, a victim may be able to bring an action for damages.

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I Was Attacked in a Parking Deck and the Assailant Was Never Caught. What Legal Rights do I Have?
Even if you cannot sue the perpetrator, you may be able to bring an action against the owner or manager of the property where the crime occurred for their failure to provide adequate security or lighting. This is known as premises liability - liability of landowners or those who are responsible for maintaining the property for activities or conditions occurring on the land.

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What is Date rape?
Date rape, or acquaintance rape, is when the rapist is someone the victim knows - a date, friend, boyfriend/girlfriend, classmate, or anyone else who is not a stranger. The vast majority of rape or sexual assault victims are assaulted by someone they know. The law does not make any distinction between stranger rape and date rape.

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I'm Not Sure if I was Date Raped or Not and I'm Scared. What Should I Do?
Rape is scary. If you participated in nonconsensual sex, meaning you had sex with someone you know, but you did not want to and you told them no, then you were most likely date raped. The first thing you should do is to seek police and medical attention. If you do not remember the events or they are fuzzy, it is possible you were date raped using a drug - such as Rohypnol or GHB. After seeking medical attention and contacting the police, you should contact a Belluck & Fox lawyer to discuss your situation and possible claim.

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What are my Rights in a Police Brutality Claim?
Under both state and federal law, police officers may not use excessive force on citizens in the performance of their duties. Because police brutality cases can be very complex, you need experienced and aggressive attorneys to successfully handle them. If you have been victimized by police brutality, you may be entitled to an award of damages, not only from the officers themselves, but also from the municipality or county that employed the officers. Contact Belluck & Fox attorneys today.

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What Does it Mean to "walk" a Criminal Conviction?
In many states a victim can "walk" a criminal conviction into civil court. This means that a victim would not have to prove a crime was committed, only that physical and emotional damage was experienced by the crime victim. Many states, including New York, will extend the timeframe to bring a case for crime victims.

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Should I Contact a Lawyer to Help me with my Criminal Victim Case?
Yes. Crime victims turn to the criminal justice system to prosecute and punish the perpetrators of a crime. In addition, victims are entitled to seek civil justice to address the full impact of the crimes on their lives and the lives of their loved ones. Belluck & Fox attorneys evaluate your potential claim against the perpetrators of a crime and those who enabled, through their negligence, the crime to occur. Contact us today.

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For more information on crime victims and criminal cases, click here: What we do: crime victims and criminal cases.