Toner Law Firm Free consultation (516) 294-1133

Attorney · Garden City, New York

James E. Toner, Esq.

A Long Island trial lawyer with more than thirty years defending criminal cases and recovering damages for injured people. He won his first not-guilty verdict on a felony jury trial before he finished law school, and he has been trying cases ever since.

James E. Toner speaking to reporters from ABC, WLNY, Channel 4 and Verizon FiOS1 at a press conference
James E. Toner answering the press. ABC, WLNY, Channel 4 and Verizon.

Career

Thirty years, mostly in courtrooms.

Long Island

1985 to 1992

James Toner was born and raised on Long Island and graduated from Chaminade High School in Mineola with the class of 1985. He earned a B.B.A. in Finance at Hofstra University's Frank G. Zarb School of Business, then stayed at Hofstra for law school, taking his J.D. from the Maurice A. Deane School of Law in 1992. While there he served as Editor-in-Chief of the Hofstra Property Law Journal.

Miami-Dade

First verdict

He did not wait for a diploma to start trying cases. In his second year of law school he worked as a certified legal intern at the Miami-Dade County Public Defender's Office, and he won his first not-guilty verdict there, on a felony jury trial, as a student.

It set the shape of everything after it. He returned to New York and joined the Nassau County Legal Aid Society, where he tried felonies and misdemeanors in volume. Legal aid is where trial lawyers are made, because the caseload does not permit avoidance: you learn to pick juries, cross-examine police officers and sum up, because there is a trial next week and the week after that.

Private practice

Thirty years

For roughly three decades he practiced from an office directly across the street from the Nassau County courthouse in Mineola. The firm is now in Garden City, a few minutes away, and he still appears in the same courts he has appeared in his entire career.

In that time he has represented thousands of people charged with crimes in Nassau County and throughout the New York metropolitan area, and has tried homicide, Medicaid fraud, money laundering, sex trafficking, white-collar, narcotics trafficking and driving while intoxicated cases to verdict.

Civil practice

Recoveries

Alongside the criminal work he has recovered millions of dollars for people seriously injured in accidents. Beyond motor vehicle cases, he has recovered substantial sums in claims involving bullying, theft of wages and overtime, premises liability, construction accidents and fire.

Selected matters

Two cases worth knowing about.

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. Prosecutions brought by the Attorney General carry resources most county cases do not. Mr. Toner tried the case, and the jury returned a verdict of not guilty.

Civil

Appellate

New York agency law

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 for her. On appeal he successfully argued that New York agency law reaches students performing volunteer work on behalf of their colleges, expanding who can be held responsible when a volunteer driver causes serious harm. The holding applies well beyond this one case.

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

In the press

The lawyer reporters ask.

Cases that draw press coverage are usually the ones with the most at stake for the person charged. Mr. Toner has handled matters covered by News 12 Long Island, the Long Island Press and New York metropolitan broadcast news.

James E. Toner being interviewed on camera by News 12 Long Island
Interviewed by News 12 Long Island.

Credentials

Admissions and education.

Law schoolHofstra University, Maurice A. Deane School of Law. Juris Doctor, 1992.
Law journalEditor-in-Chief, Hofstra Property Law Journal
UndergraduateHofstra University, Frank G. Zarb School of Business. B.B.A., Finance.
SecondaryChaminade High School, Mineola. Class of 1985.
New York admissionAppellate Division, Second Judicial Department
Federal admissionUnited States District Court for the Southern District of New York
Federal admissionUnited States District Court for the Eastern District of New York
Federal admissionUnited States District Court for the Northern District of New York
Trial career beganMiami-Dade County Public Defender's Office, as a certified legal intern
ThenNassau County Legal Aid Society, trying felonies and misdemeanors
PracticeCriminal defense, DWI and DUI, personal injury, family and matrimonial
Courts appeared inNassau County District Court, Nassau County Court, Long Island town and village courts, and the federal district courts of New York

Speak with James directly

The consultation is free.

The phone is answered around the clock, and urgent calls reach the attorney.

(516) 294-1133

Toner Law Firm
100 Garden City Plaza, Suite 400
Garden City, New York 11530

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Attorney Advertising. Nothing on this page is legal advice, and contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.