New York Civil Rights And Criminal Defense Lawyers

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New York law protects police disciplinary records

Recent events have raised concerns about police discipline all across the country. New York City has seen its share of police misconduct cases, including cases resulting in one or more deaths. A key difference between the Floyd case and analogous New York cases is the fate of the officers’ disciplinary records. In Minnesota, the records are public; in New York, the records are confidential. The key statute is Sec. 50-a of the New York Civil Rights law. This statute says that “all personnel records used to evaluate “performance . . . or promotion” shall be considered to be “confidential and...

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What should you know about police misconduct?

If there is anything that scares you, it's the idea of the authorities going beyond their job description and harming others. You want to know that you can rely on the police and believe that many of the officers you see are good people. Unfortunately, with more and more cases of police brutality and misconduct coming out in the news, it's hard to keep the faith that an officer you come into contact with will be respectful to you and won't overstep their boundaries. There are many different examples of police misconduct such as: False arrest Reckless driving Using excessive force Sexual...

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What are the ‘fatal four’ causes of construction site accidents?

One of the pillars of the economy in New York is the ongoing construction of roads, homes and buildings. Those who work in the construction industry face many dangers, including the threat of on-the-job injuries. Sometimes these injuries lead to fatalities that leave the victim’s loved ones not only with emotional losses but also financial damages in the form of medical expenses incurred prior to death, lost wages and lost companionship. It is important to understand the basics of fatal construction injuries. The federal Occupational Safety and Health Administration has identified what it...

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What constitutes the white collar crime of embezzlement?

You may have spent years working hard in your chosen profession and after time have seen significant occupational success. If some of your responsibilities include handling company funds, it is essential that you do so as carefully as possible. A misstep could do more than harm your company -- it could lead to charges of embezzlement that threaten your personal and professional reputation and well-being. Defining embezzlement What is embezzlement? Embezzlement occurs when a worker obtains company assets lawfully, but then uses them for personal purposes rather than the intended company...

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Plainclothes NYPD officer’s alleged misconduct caught on video

When a New York City police officer is attempting to enforce the law, it does not mean that the officer has the right to mistreat people. Police misconduct can happen in many ways and some of the worst violations involve getting overly physical and abusing a suspect. Whether the arrest or citation was valid or not, those who were subjected to mistreatment should understand their rights. An incident on a street on the Lower East Side of Manhattan resulted in accusations of violent behavior on the part of a plainclothes officer. There is a viral video of the series of events. According to...

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Traffic stops and “unreasonable” search and seizure

The Fourth Amendment, which prohibits the police from "unreasonable" search and seizure, is one of the most important constitutional protections in criminal defense. The amendment provides that the police had better have a good reason before they arrest or search a person. The legal term for this good reason is "probable cause." . The amendment comes up often in cases involving traffic stops. For instance, imagine a case where a police officer sees a driver run a stop sign. The officer then pulls over the driver's car. The officer's traffic stop is not unreasonable, because the officer saw...

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For Families of Incarcerated Clients: Resources for Tracking the Latest News on Government and Prison Responses to COVID-19

Blog by Jake Ethé, on behalf of Sivin, Miller & Roche LLP: As we continue to navigate the COVID-19 pandemic in what ways we can, Sivin, Miller & Roche LLP recognizes the anxiety that many of the families of our incarcerated clients--and, indeed, the families of all incarcerated persons--must feel during this difficult and rapidly-evolving time.  We are committed to providing you with the best resources that the nation's legal professionals have to offer, so that you can remain up to date with how governments and prisons are responding to COVID-19 and how it may affect your loved one....

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VIDEO ARRAIGNMENTS IN RESPONSE TO COVID-19: A CONCERN

Blog by David Roche, on behalf of Sivin, Miller & Roche LLP: Like every other institution and organization, the criminal courts of New York City are figuring out how to adapt and function in the drastically changed world of the Coronavirus pandemic. The criminal courts with which we have long been accustomed - with crowded courtrooms full of lawyers, court officers, clerks, and audience members - are dangerous breeding grounds for spread of the virus; and, needless to say, cramped holding pens and jail cells full of people are a nightmare for those who have been arrested and for their...

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Business executives are at risk for federal charges

Along with other government agencies, the Federal Bureau of Investigation will review allegations of white collar crimes of different types. Depending on the outcome, a New Yorker can wind up facing a range of federal charges. A conviction on these charges can land a person in prison for years if not decades. Additionally, steep fines, restitution and other penalties are possible. Finally, after a conviction for a white collar crime, it may be very hard for a person to work in his or her profession ever again. Some of these white collar crimes may seem pretty flagrant to those who read the...

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Historic Victory for Legal Aid Society

Just this past week, in the wake of the COVID-19 pandemic, the Legal Aid Society of New York, for the first known time in New York state history, won habeas relief in response to conditions-of-confinement claims, which were brought for certain medically vulnerable pretrial detainees and folks on parole holds being held on Rikers Island.  Read Judge Mark Dwyer's decision on the matter below: http://nycourts.gov/reporter/3dseries/2020/2020_20081.htm?fbclid=IwAR0Mm8QwYpQUIqwIrsc1RwrtoAszv2jA-9OUanvhcQqcGSdBZIsaXSRfPp4

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