New York Legal Blog

Resisting arrest may complicate your criminal case

On behalf of Sivin & Miller, LLP Attorneys at Law on Wednesday, April 17, 2019.

Like most New Yorkers, you have a healthy respect for law enforcement officers. Nonetheless, if you do not believe you have committed a crime, having an officer handcuff you may seem unacceptable. Still, resisting arrest may complicate your criminal case. It could also lead to other serious consequences.

In New York, you meet the elements of resisting arrest if you either intentionally prevent or attempt to prevent an officer from conducting an authorized arrest. An authorized arrest occurs when officers have probable cause to believe you have committed a crime.

The problem of perjury

On behalf of Sivin & Miller, LLP Attorneys at Law on Tuesday, April 16, 2019.

Perjury is the act of giving a knowingly inaccurate testimony while under oath. In today’s climate of false accusations and evidence, it has become an even more pervasive problem.

Last year, a judge sentenced a New York police detective to 60 days in jail, following an instance of blatant perjury concerning a search warrant. Many believe this to be a lenient punishment, considering the impact that lies like these can have. This particular case demonstrates how serious the issue of perjury has become.

Woman claims police targetted her, falsely imprisoned her

On behalf of Sivin & Miller, LLP Attorneys at Law posted in False Arrest or False Imprisonment on Friday, April 12, 2019.

A woman is claiming that she was a victim of false arrest, false mental health arrest, false imprisonment, fraudulent charges and more after she was arrested during a confrontation between herself and the instructors at the local Citizens Police Academy in Albany.

One officer, in body-cam footage, made a lewd motion to another officer as the woman was sitting on a bench. She can be heard saying that the officer is attempting to antagonize her. The 25-year-old woman later discovered the officers mocking her and one asking if the other had gotten her phone number.

Do women have access to good personal protective equipment?

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Personal Injury on Friday, March 29, 2019.

New York City's construction field is strong, and it has begun to pull in more female contractors. As a female in a primarily male field, you already have some interesting challenges. A more important challenge to address is the need for specialized safety equipment.

As a female who may be asked to perform the same tasks as men, people may believe that you can use the same safety equipment. That's not necessarily the truth. You may need to purchase personal protective equipment (PPE) that fits you correctly, or you could face the dire consequences of using ill-fitted gear.

Criminal defense and the American dream

On behalf of Sivin & Miller, LLP Attorneys at Law on Friday, March 22, 2019.

The U.S. Constitution, a document created after the American Revolution, guaranteed the innate equality of American citizens. The Constitution provided the basis for a fair system of laws to protect the innocent by requiring due process and evidentiary proof before assigning guilt to a person accused of a criminal act.

Dr. Martin Luther King Jr. reinforced the need for fairness in adjudication when he stated, "Injustice anywhere is a threat to justice everywhere."

What are factors in a criminal case for police misconduct?

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Police Misconduct on Thursday, March 14, 2019.

The term police misconduct includes acts that are unethical or illegal as well as acts that violate an individual's rights. As a victim of police misconduct, it is your right to pursue compensation and to fight in court against those who try to take away your rights.

There is a problem in many criminal cases, though, in that the government has to prove that misconduct occurred beyond a reasonable doubt. The government has to prove that:

The defendant acted willfully in taking away or attempting to take away your rights
The defendant deprived you of your rights as protected by the laws of the United States or the Constitution
The defendant was acting as an officer of the law at the time of the violation

Construction is dangerous: Be cautious, alert and safe

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Personal Injury on Wednesday, February 27, 2019.

The construction industry is not very safe, even though many steps have been taken to make it safer over time. People who work in this industry find that they're exposed to a greater number of hazards, which can mean that they're put at risk of injuries more often.

The Centers for Disease Control and Prevention (CDC) showed that over 9 percent of 3.3 million nonfatal injuries and illnesses were suffered by people in the construction industry. Many of these injuries were due to falls, falling objects, equipment-related accidents and repetitive-motion injuries.

When the government accuses you of a RICO violation

On behalf of Sivin & Miller, LLP Attorneys at Law on Saturday, February 23, 2019.

Should you find yourself facing RICO charges in New York, this is a serious matter indeed. It means that the government has chosen to prosecute you under the Racketeer Influenced and Corrupt Organization Act.

Congress passed this Act in 1970 for the original purpose of fighting Mafia racketeering. Over the past nearly half century, however, government agents have also used the RICO provisions to prosecute alleged criminals who they believe participated in the following kinds of white collar crime:

Embezzlement
Money laundering
Mail fraud
Bribery
Counterfeiting

Defining tax evasion

On behalf of Sivin & Miller, LLP Attorneys at Law on Thursday, February 21, 2019.

With tax season in full swing, you and thousands of other New Yorkers likely are in the throes of preparing your tax returns. Or maybe you chose to hire an accountant or tax preparation service to figure out your taxes this year. Either way, you probably find the whole tax filing process to be more than a little stressful. What if you make a mistake? What if your preparer makes a mistake? Will the IRS come after you for tax evasion?

The answers to those three questions are no. The IRS does not criminally prosecute people for making inadvertent mistakes on their tax returns. Mistakes per se do not rise to the level of tax evasion. To criminally prosecute you, IRS agents must believe that you deliberately did something, such as one or the more of the following:

Deliberately filed a false tax return
Deliberately failed to file a tax return at all
Deliberately overstated the amount of your deductions
Deliberately concealed or failed to report the amount of income you received
Deliberately put your assets into someone else’s name and/or control so you would not have to reveal them as yours
Deliberately destroyed or concealed your underlying financial records

Man sues city, police for wrongful arrest in New York

On behalf of Sivin & Miller, LLP Attorneys at Law posted in False Arrest or False Imprisonment on Friday, February 15, 2019.

In recent news from Jan. 28, it was reported that a man decided to sue the city and the New Rochelle Police Departments for his wrongful arrest. He claims that he was taken into custody in January 2018 when the police received an anonymous call stating that he'd violated an order of protection by being at the address.

The order of protection mandated he stay away from a woman who was later called for verification. She told police that she did not live at the residence and was living in Connecticut, so the man had not violated the order. They contacted her attorney who told them the same.

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