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Court rules that warning about police activity is free speech

On Behalf of | Friday Mar 31, 2023 |

A federal appeals court has ruled that warning others about police activity is a form of speech and protected by the First Amendment. The civil rights case involved a Connecticut man who was arrested in 2018 for holding up a sign that warned motorists about a nearby police checkpoint. The misdemeanor interference charge against the man was later dropped. The U.S. Court of Appeals for the Second Circuit ruled that the man’s arrest and the confiscation of his sign and cellphone violated rights protected by the First and Fourth Amendments. District Court Dismisses lawsuit The man filed a civil...

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The pitfalls of plea bargains: factors to consider

On Behalf of | Thursday Mar 23, 2023 |

Sometimes, based on assessments made on a case-by-case basis, plea bargains make good legal sense for defendants in New York criminal courts. But taking a plea bargain deal is not always in a defendant's best interests. Here, we'll discuss some of the pitfalls of plea bargains and factors that defendants should consider before making a decision. What are plea bargains and why are they important? Plea bargains are among the many tools a criminal defense team has to produce the best result for their clients. A plea bargain is a pre-trial agreement reached by the two parties in the proceedings,...

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The cost of police misconduct and lack of accountability

On Behalf of | Friday Mar 17, 2023 |

Police misconduct has been a pressing issue in New York, with cases ranging from excessive use of force to racial profiling and even sexual assault. While these incidents can devastate the victims and their families, they also have a hefty price tag for cities and taxpayers. Police misconduct costs cities millions of dollars yearly in legal fees, settlements and judgments. Legal fees One of the primary costs of police misconduct is legal fees. When a citizen files a lawsuit against the police department, the city is responsible for providing legal representation for the accused officer....

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What happens when a pregnant prisoner is shackled?

On Behalf of | Monday Mar 6, 2023 |

Although it has been established that it is inhumane and dangerous to shackle a pregnant woman or girl, it is still a routine practice in U.S. jails, prisons and youth detention centers. New York is one of the few states with legislation against this degrading and hazardous practice. Added risk for the mother and fetus If a pregnant prisoner is restrained at any point, there's a greater chance that she'll accidentally fall or trip. This presents a danger both to the pregnant woman and her fetus and puts her at risk of having a miscarriage. Shackling is dangerous to women who are in labor,...

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New York exoneration bill stalls in the State Senate

On Behalf of | Saturday Feb 18, 2023 |

According to the National Registry of Convictions, more than 3,000 of the people exonerated since 1989 pleaded guilty to the charges against them even though they were innocent to avoid what prosecutors call the “trial penalty.” New York has one of the highest wrongful conviction rates in the country, but few of the innocent people incarcerated in the Empire State are ever exonerated and released. This is because the current laws in New York only allows people who plead guilty to seek exoneration when DNA evidence emerges that proves their innocence beyond any doubt. The Challenging Wrongful...

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Congress passes bipartisan police reform bill

On Behalf of | Friday Feb 17, 2023 |

The New York City Police Department has been involved in more than its fair share of brutality and excessive force scandals over the years, but none of them prompted the same kind of national outrage as the killing of George Floyd by a Minneapolis police officer in May 2020. That incident sparked a nationwide wave of protests, and it also gave lawmakers the political capital they needed to push a police reform bill through a divided Congress. De-escalation training The bipartisan bill was passed by the House of Representatives on Dec. 14. When it is signed into law by President Joe Biden, it...

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5 Common Types of Cyber Crime

On Behalf of | Monday Feb 6, 2023 |

You likely are aware of what cybercrime means in general. Did you know there are different types of cybercrimes? They fall under individual, property, and government categories, and are increasingly common in New York. Botnets Networks from compromised computers that remote hackers externally control are called botnets. These hackers take control and will often attack other computers in the network or send spam. Botnets may act as malware to perform harmful tasks. DDoS Attacks This attack is used to disable the availability of an online service and make the network malfunction as it...

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The basics of malicious prosecution and civil rights

On Behalf of | Monday Jan 23, 2023 |

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

On Behalf of | Thursday Jan 19, 2023 | ,

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

On Behalf of | Friday Jan 6, 2023 |

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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