Legal Question in Criminal Law in New York

Civil Lawsuite

My wife is facing serious charges and currently has an open criminal case going on. She was babysitting at our home when the baby suddenly wasn't feeling well, baby was turning blue in the face when my wife called 911, to make a long story short. They said the baby has suffered from shaken baby syndrome. My concern is being that they had charged my wife and they are saying it happened in her care, am i responsible if this goes to a civil lawsuite because i am worried about me losing my house. The house is only in my name and was given to me as a gift a few years back from my father, whom has a living trust. Can they take away my house and leave me, my son and my family in the street. Also the home owners insurance i have on my house may have been written after the incident so i don't know if they will represent me if a civil case appears against me. This incident happened back in Jan 2006.

very concerned;

Giuseppe


Asked on 5/31/08, 5:48 am

2 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Civil Lawsuite

The first thing that you and your wife should do is get her a good lawyer.

We have tried many types of "shaken baby" syndrome in the past. The theory behind the "shaken baby" syndrome" is that while the head is being shaken, the brain is hitting the walls of the skull causing hemmorage and blunt force trauma. Since the trauma happens on both sides of the skull, there is a substantial body of knowledge that says these types of injuries can only be caused by shaking.

Our expers have concluded that there are many different causes for this injury.

Since there are no eye witnesses to the actual event, it becomes a battle of the experts.

Your wife could be charged with murder, manslaughter, criminally negligent homicide or assault all or which are serious felonies

You are not responsible for your wife's conduct in this case, if any.

Since the house was never in her name, there should not be a broblem.

However, since it took place in your home, a smart attorney can give you trouble.

I would strongly suggest that you contact a lawyer experienced in these types of criminal matters to begin with, and you with a lawyer who can review all of the facts of your property, and then give you an answer.

If you would like to talk further with me, please feel free to contact me.

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Answered on 6/02/08, 2:32 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Civil Lawsuite

Yu very well may have quite a few defenses to ensure that you do not lose the property... primarily, depending on how the gift was structured... if as an intervivos bequeathment - then the property does not even go into marital assest and the spouse has no right to them what so ever...

much luck, if you need any further assistance please feel free to contact me at 212.709.8303

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Answered on 5/31/08, 8:38 am


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