Toner Law Firm Free consultation (516) 294-1133

Garden City, New York · Attorney Advertising

Criminal defense and personal injury trials in Nassau County.

The Toner Law Firm represents people charged with felonies, misdemeanors, DWI and drug offenses in Nassau County, and people seriously injured in accidents across Long Island. James E. Toner has practiced criminal law for more than thirty years, from arraignment through verdict. Consultations are free.

Admitted 1992

App. Div., Second Dep’t

S.D.N.Y. · E.D.N.Y. · N.D.N.Y.

Hofstra Law · Editor-in-Chief, Property Law Journal

Phone answered 24 hours

If you have been arrested Criminal Defense Your liberty, your record, and often your job or your immigration status. In a criminal case the decisions that matter most get made in the first few days, usually before most people have called anyone. Nassau County criminal defense If you have been injured Personal Injury Medical bills, lost wages, and an insurance company whose entire business is paying you as little as it can. There is no fee unless there is a recovery. Injury claims on Long Island

Selected matters

Cases that were tried, not filed away.

Most criminal cases end in a plea. These did not. Each is a matter James Toner took to a verdict or an appellate decision.

Civil · Appellate

New York agency law

Recovery in the millions

Filsaime v. Ryder Trs., Inc.

A Cornell University student was driving donated laboratory equipment from Long Island to Ithaca when he caused the crash that left Betina Filsaime with a brain injury. Mr. Toner recovered millions of dollars on her behalf. On appeal, he successfully argued that New York agency law reaches students performing volunteer work for their colleges, changing who can be held responsible when a volunteer driver causes harm.

Criminal · Jury trial · Not guilty

Homicide charges brought by the New York State Attorney General

The Attorney General’s Office charged a nurse with homicide, alleging she disregarded a respiratory alarm at the A. Holly Patterson facility and that a patient died as a result. Mr. Toner tried the case. The jury returned a verdict of not guilty.

Tried to verdict

Thirty years of trials in Nassau County and the New York metropolitan area

  • Homicide
  • Medicaid fraud
  • Money laundering
  • Sex trafficking
  • White-collar prosecutions
  • Narcotics trafficking
  • Driving while intoxicated

Prior results do not guarantee a similar outcome. Every case turns on its own facts, and the results described above do not predict or promise the result of any other matter.

Practice

What the firm handles.

The attorney

James E. Toner

Born and raised on Long Island. He won his first not-guilty verdict on a felony jury trial as a certified legal intern, before he had finished law school, at the Miami-Dade County Public Defender’s Office.

He returned to New York to defend cases at the Nassau County Legal Aid Society, trying felonies and misdemeanors, and has spent the thirty years since in private practice representing people charged with crimes in Nassau County and recovering damages for people badly hurt in accidents.

Full biography
  • Law school Hofstra University, Maurice A. Deane School of Law, 1992. Editor-in-Chief, Hofstra Property Law Journal.
  • Undergraduate Hofstra University, Frank G. Zarb School of Business. B.B.A., Finance.
  • Secondary Chaminade High School, Mineola. Class of 1985.
  • Admitted Appellate Division, Second Judicial Department
  • Federal United States District Courts for the Southern, Eastern and Northern Districts of New York
  • Began Miami-Dade County Public Defender’s Office, then the Nassau County Legal Aid Society

Client reviews

What clients said afterward.

Reviews left on Google by people the firm represented, and by attorneys who referred cases to it. Shown word for word, with a link to the full record on Google.

  • Frank Gaviria
    Rated 5.0 out of 5

    I’ve had the opportunity to work with James Toner and can attest to his skill and professionalism. He’s thorough, knows the courtroom, and genuinely fights for his clients. I’ve referred cases to him with complete confidence. Highly recommend him to anyone needing a criminal defense lawyer.

  • Taurean Durham
    Rated 5.0 out of 5

    Mr. Toner was very professional, attentive, and communicative throughout my entire legal process. He took the time to explain to me the various steps along the way making sure I had a full understanding of what is going on and what to expect next. I am very grateful I had him to represent me as having any court case is a very daunting experience. Definitely recommend!

  • Doug Macias
    Rated 5.0 out of 5

    I have known Mr. Toner for a number of years. I can say with the utmost confidence that Mr. Toner is a great attorney. He is a real workhorse, who fights hard for his clients, no matter the case, whether it is a criminal, civil, matrimonial, or other matter. If your case is in his vast wheelhouse of legal skills, James Toner is the attorney you want.

  • Ralph P Franco Jr
    Rated 5.0 out of 5

    James is a well respected and extremely knowledgeable criminal defense attorney. He also has a thriving matrimonial and personal injury practice. His firm is small enough to focus on the client and big enough to go up against any District Attorney's office or any large civil firm. If you are looking for a law firm that puts the client first and focuses on excellence in the courtroom, James is your man!

  • Eric Heyman
    Rated 5.0 out of 5

    James Toner was amazing! He simplified a very complex situation. He treated me like family and I could not have gotten as fair of a judgement without him. He was very thorough and detail oriented. He picked up on things other attorneys did not. James is an amazing attorney and I highly highly recommend him.

  • R A
    Rated 5.0 out of 5

    James is simply an excellent and extremely talented attorney with expertise and experience in many areas of the law. However, what has really caused me and my friends to use his services several times is his unwavering sense of ethics and passion for justice when representing his clients. A prime example was when my elderly father badly needed legal help. James traveled to his hospital bed on a moment's notice after work hours to provide assistance to him. How many lawyers can you say do that ? Every case he has worked on for me and those I’ve referred to him have returned favorable results , and at a fair price with excellent legal expertise and client service. A well deserved five star rating from this satisfied client !

See all 53 reviews on Google (opens in a new tab)

Prior results do not guarantee a similar outcome. These are individual clients describing their own experience, and no review predicts or promises the result of any other matter.

Common questions

If you were arrested in Nassau County.

What should I do first after an arrest in Nassau County?

Say nothing about the facts of the case and ask for a lawyer. That request has to be honored, and it is the one thing you control at the outset. Do not explain, apologize, or try to clear it up. Those conversations become evidence. Then call a defense lawyer before your arraignment. Nassau County has one countywide District Court, at 99 Main Street in Hempstead, and arraignment after a warrantless arrest generally happens within twenty-four hours.

Which court will my Nassau County case be heard in?

Nassau County has a single countywide District Court at 99 Main Street in Hempstead, and it handles misdemeanors, violations and the opening stages of felony cases. Once a grand jury indicts, a felony moves to Nassau County Court at 101 County Seat Drive in Mineola. Traffic and village code matters go to the local town, village or city court. A license suspension can be decided separately by the DMV, whatever the criminal court does.

Is a first DWI in New York a misdemeanor?

A first-offense DWI is generally charged as a misdemeanor in New York, but the word understates it. A conviction carries a criminal record, fines and surcharges, revocation of your license, an ignition interlock requirement, and years of higher insurance costs. Refusing the chemical test triggers a separate DMV revocation proceeding that runs on its own timeline, independent of the criminal court.

What does it cost to speak with the firm?

Nothing. The initial consultation is free, and injury matters are handled on a contingency basis, with no fee unless there is a recovery. Criminal defense fees depend on the charge and what the case is likely to require, and they are discussed and agreed on before any representation begins.

The Legal Guide

Read the law before you need it.

Forty plain explainers on the New York charges and court procedures that come up most often in Nassau County. Each one gives the statute, the penalty and the local court.

Browse all forty guides

Speak with a lawyer

Call before you talk to anyone else.

Arrests do not wait for business hours. The phone is answered around the clock, and urgent calls reach the attorney. Consultations are free and confidential.

(516) 294-1133
  • Firm Toner Law Firm
  • Office 100 Garden City Plaza, Suite 400
    Garden City, New York 11530
  • Telephone (516) 294-1133
  • Fax (516) 294-0670
  • Serving Nassau County, Suffolk County and the New York metropolitan area

Attorney Advertising. The information on this website is not legal advice and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.