New York Legal Blog

What if I have kids in the car when driving under the influence?

On behalf of Sivin & Miller, LLP Attorneys at Law on Tuesday, January 21, 2020.

Driving under the influence is an issue that continues to plague jurisdictions across the country, especially New York. Even if you have a clean driving and criminal record, the penalties are steep for a first-time DUI offender. You may already know about the consequences of a DUI, but if you get caught operating a vehicle while under the influence with minor passengers, you could face additional criminal charges in addition to a DUI.

DUI cases that involve child passengers are more complex and can immediately change lives. Sadly, many parents expose their children to the dangers of drunk driving every day. Here are a few things that you should know about driving while under the influence with your children in the car.

Murder case dismissed over police misconduct in New York

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Police Misconduct on Friday, January 17, 2020.

Police misconduct is a serious problem. When the police do something that isn't appropriate, it can affect an entire case. Take, for example, this recent case out of New York in which a man whose DNA was allegedly discovered on a dead female will no longer face murder charges.

There's good reason for the man not having to face charges and for having the case dismissed, and that reason is police misconduct. According to the story, the police wrongfully obtained the man's DNA, and a judge would not allow an oder to obtain a second sample. This was despite showing that the DNA from the man's sample and the DNA from the scene matched.

An overview of New York’s drug treatment courts

On behalf of Sivin & Miller, LLP Attorneys at Law on Wednesday, January 15, 2020.

When authorities charge you with a drug-related criminal act, you run the risk of facing serious penalties that may include jail time, hefty fines, substance abuse treatment obligations and more. If your criminal act was not a violent one, but rather, something you did because of your addiction, you may be able to avoid some of these penalties by enrolling in and graduating from a New York drug court.

Drug courts involve attorneys, prosecutors, substance abuse professionals and others coming together to collectively help substance abusers beat their addictions. Ultimately, the goal is to eliminate the drug addiction with the hope of preventing an offender from reentering the justice system. Drug courts have proven results and help substance abusers do exactly this. Currently, the state has 141 drug courts in operation, and there are four different types.

Do you need surgery for a broken hand?

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Personal Injury on Friday, January 3, 2020.

One personal injury that is a shock to those who suffer from it is a broken hand. Broken hands can range from having a single broken bone to having several shattered bones throughout.

Hand breaks usually do require a visit to the doctor or the hospital. In some cases, you may need surgery to secure the bones. In other cases, splints might be used to reduce the likelihood of further damage and movement.

Calculating the true cost of a drunk driving conviction

On behalf of Sivin & Miller, LLP Attorneys at Law on Thursday, December 26, 2019.

Having authorities stop you on suspicion of drunk driving may prove tremendously harrowing and anxiety-inducing. While you may face criminal penalties as a result of your actions, you should also anticipate considerable financial repercussions. These days, most Americans who receive convictions for drunk driving find that their arrests wind up costing them thousands, if not tens of thousands, of dollars over time. This typically holds true regardless of where you reside geographically.

According to BACtrack, a typical New York motorist who received his or her first conviction for driving while intoxicated should expect to shell out, at minimum, about $9,500. Certain factors, however, such as whether you were of a legal drinking age and whether you caused anyone injury, may make this figure substantially higher. Just what types of expenses should you expect to have to cover in the wake of a DWI conviction?

Get support if you're a victim of a false arrest

On behalf of Sivin & Miller, LLP Attorneys at Law posted in False Arrest or False Imprisonment on Thursday, December 19, 2019.

A false arrest is when a person claims that they have been held against their will without probable cause or court order. A false arrest can be a kind of police misconduct. For example, if an officer takes a person into custody only because they're African American, then that person may claim to be a victim of a false arrest.

Officers have a right to stop you and arrest you with probable cause. Police can arrest individuals without a warrant if they witness a misdemeanor or felony take place. To prove that an arrest was a false arrest, the victim has to prove that the arresting officer did not have probable cause. Essentially, if any other reasonable person wouldn't have believed that a crime took place, the officer probably did not have probable cause.

2 false positive tests keep a man in prison 4.5 months too long

On behalf of Sivin & Miller, LLP Attorneys at Law posted in criminal defense on Thursday, December 5, 2019.

If you are arrested and tested for drugs, you expect that test to come back accurately. If you don't use drugs, it would be an absolute shock to be accused of being drugged.

That's similar to what happened to this young man. The 34-year-old man was at school in New York's Willard Correctional Facility at the drug treatment campus when he was asked to take a drug test. He was formerly a heroin user, but he had stayed clean throughout the program. In fact, he had only a month to go before he would get to leave and go home.

Holding New York police accountable for misconduct

On behalf of Sivin & Miller, LLP Attorneys at Law on Monday, November 25, 2019.

By and large, New Yorkers are most appreciative of the police officers who devote their time to keeping residents safe.

There is a flip side however, in that the police sometimes abuse their power. Here are three areas of concern where law enforcement officers may violate the rights of citizens.

Woman sues New York police after falling in a haunted house

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Personal Injury on Thursday, November 21, 2019.

Injuries can happen anywhere, even when you go to a haunted house. Not surprisingly, Halloween is a fun time of year with lots of exciting haunted houses to go to in the Bronx and beyond. Unfortunately, they aren't always safe.

Take, for example, this case involving a mother from the Bronx who is now suing the New York Police Department after breaking her ankle in the precinct's haunted house. It is her claim that an officer jumped out to scare her and knocked her down, leaving her with a broken ankle as a result.

3 ways to film police officers safely

On behalf of Sivin & Miller, LLP Attorneys at Law on Thursday, November 14, 2019.

Everyone these days seemingly has a smartphone with an integrated camera. Whether you are riding the subway, walking on the street or sitting in your house, you may want to use your phone’s camera to record police activity. Generally, you have a First Amendment right to do so, provided you do not obstruct police activity.

A recording of police activities may be essential to someone’s criminal defense. It may also keep law enforcement officials from violating the law. Nonetheless, officers may not appreciate their actions ending up on a digital recording. Here are three ways to film police officers without risking your personal safety.

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