New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog

The basics of malicious prosecution and civil rights

If you believe that you have been the victim of malicious prosecution in terms of your civil rights, there are several ways that you can seek remedy in New York. Proving malice One way to seek remedy is by filing a lawsuit against the individual or entity that is alleged to have wrongfully initiated the prosecution. In this lawsuit, you must prove that the prosecution was pursued without probable cause and with malice. If you can prove this, the individual or entity could be liable for damages. Filing a complaint Another way to seek remedy is by filing a complaint with the appropriate...

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Compensation for wrongful convictions

Being wrongfully convicted of a crime in New York can have a devastating impact on a person's life. The trauma of being falsely accused, the stress of going through a trial, and the loss of freedom can all affect a person's physical, emotional, and financial well-being. For those who have been wrongfully convicted, compensation can be a vital step in rebuilding their lives. However, the process of obtaining compensation can be complex, and the amount of compensation varies depending on the jurisdiction and the specific circumstances of the case. Compensation in the US In the United States,...

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Subtle ways, besides police brutality, racism kills in New York

In 2020, the killing of George Floyd raised awareness of police brutality against people of different races. The uproar from citizens across America and the rest of the world forced the government to address the issue much faster and in a more sensible way. However, while police brutality is one form of racism against minorities, there are many other, less conspicuous ways racism kills people as well in New York. Other ways racism manifests It's a disheartening fact that individuals within minority groups disproportionately suffer higher mortality rates in comparison to the general...

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Can prisoners in New York receive Social Security benefits?

Prisoners in the US aren't able to collect Social Security benefits until they are out of prison. The No Social Security Benefits for Prisoners Act of 2009 is the legislation that made prisoners as well as those who violate parole ineligible for Social Security. Prisoner's rights Prisoners have rights in the US, such as freedom from cruel and unusual punishment. They also have the right to medical care, freedom of speech and freedom of religion. Prisoner's rights don't include Social Security payments. Retroactive benefits The No Social Security Benefits for Prisoners Act of 2009 banned...

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How drugs can complicate DWI charges

Driving while intoxicated, or DWI charges in New York, typically refer to getting behind the wheel with a blood alcohol level over the legal limit. However, DWI can also refer to many substances that can impair your ability to operate a motor vehicle. Driving under the influence of drugs, including prescription drugs, can result in DWI charges. Measuring drug impairment While all 50 states have a definitive standard for DWI charges when alcohol is involved, that is not so when it comes to drugs. Various drugs have different effects on cognition while also staying in the body for varying...

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Lack of mental health treatment for prisoners is unconstitutional

The lack of mental health treatment in New York prisons has been described as "cruel and unusual punishment." A 2017 report by the Department of Justice found that mentally ill prisoners are more likely to be held in solitary confinement and they are likely to be victimized by other prisoners and prison staff. Inadequate mental health treatment in prisons The shortage of mental health treatment to meet the need of prisoner's rights is a human rights issue. It is universally considered to be inhumane to detain people with mental illness in prisons without providing adequate treatment. Human...

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The signs of racial profiling in New York

Police racial profiling is a controversial topic, with both advocates for and against the practice. There is no universally accepted definition of racial profiling, but it does seem to refer to any action taken by law enforcement that disproportionately affects an individual's race. Sometimes, this can result in an individual being stopped or searched in New York City because they are minorities. In other cases, it can be due to more general policing practices targeting one race over another. Here are a few potential signs: 1. Open hostility or hostile questioning Persons being questioned by...

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Justice delayed is not justice denied

While it won't make up for the many years lost in a New York maximum security prison, the $26 million settlement acknowledges the woeful injustice that was imposed upon two innocent men. When civil rights leader Malcolm X was killed, three men were convicted and sentenced to in 1966. Two of the men denied these charges, while one admitted to his role in the murder. The two defendants maintained their innocence and were, based upon the uncovering of evidence, exonerated of murder charges in 2021. Miscarriages of justice The men's cries of innocence largely fell on deaf ears until a former...

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Police misconduct is a leading cause of wrongful convictions

Police misconduct is a leading cause of wrongful convictions in New York and across the country, according to a 2020 study. The research was conducted by the National Registry of Exonerations, a project that collects data on wrongful convictions to prevent future cases of injustice. Police misconduct For the study, researchers analyzed 2,400 convictions of defendants who were later exonerated over a period of three decades. They found that 35% of cases involved some sort of police misconduct, such as falsifying evidence, witness tampering or violent interrogations. More than half involved...

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Tax avoidance versus tax evasion: Is there a difference?

New York residents may not know that tax avoidance is legal and tax evasion is illegal. Whether you pay taxes as an individual or a business owner, the Internal Revenue Code permits you to avoid paying some taxes by following specific practices. For instance, the tax code allows companies deductions to mitigate the cost of operating a business. You as an individual are also permitted to set up 401(k) plans for employees so that you can delay paying taxes until a future date. Tax avoidance loopholes exist to help lower your taxes Although IRS rules are complex and easily misinterpreted, it is...

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