New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog

Section 1983 and filing a civil rights claim based on it

All New Yorkers deserve to be treated with respect. In spite of laws requiring police to be respectful even when arresting someone, violations occur. This is where Section 1983 comes in to protect people. What is Section 1983? Section 1983 is part of the Civil Rights Act of 1871, a federal law that allows people to sue if their civil rights are violated. Under local or state law, this applies when someone acting under color of law deprives a person of their civil rights. In most cases, this applies to police officers violating someone’s civil rights. Violence doesn’t always have to be...

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Understanding malicious prosecution in New York

A person in New York can file a lawsuit against you to defame, harass, intimidate or injure you emotionally or psychologically for no absolute reason. If that's what is happening to you right now, keep reading to learn more about how you can protect yourself. What is malicious prosecution? Malicious prosecution is when someone brings a baseless lawsuit to scare or injure you in one way or another. Of course, these suits often fail, but they will definitely cause you damage. For instance, you'll lose money in attorney fees and waste your time proving your innocence even though they know that...

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White-collar crimes are on the rise

Not every crime involves violence or force, and many people find themselves suffering financial losses due to fraud, misrepresentation and other acts of financial misconduct. Some may suggest that the United States currently faces a white-collar crime wave. While victims might not suffer physical harm, they could deal with the terrible consequences of monetary losses. A rash of white-collar crimes White-collar criminal activities are nothing new, but 2022 logged many high-profile instances of such behavior. Public awareness may increase when public figures, such as politicians, become...

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Albany, don’t turn back the clock on discovery rules

New York is a state with a large and complex legal system. That system is far from perfect, and one of the biggest issues is the fact that historically, defendants often did not get access to all the evidence against them. The Blindfold Law The so-called blindfold law was a set of rules that, for most of the history of the state, prevented defendants from being able to know what evidence the state was using against them when they were charged with a crime. This created a very unfair legal environment, because many defendants were forced to plead guilty to crimes they had never committed out...

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What to expect from the New York appeals process

Even with the best defense, it is possible to lose your criminal case and face jail time. The justice system requires fairness and impartiality, but there are times when the system becomes compromised by misconduct, improper jury instructions or misapplication of the law. New York allows for an individual who loses a case to file an appeal. This process asks a higher court to review the decision in place with the hopes of having it changed in the defendant’s favor. Participants in an appeal The individual seeking the appeal becomes the appellant, and the party on the other side becomes the...

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Exonerated inmate pushes Challenging Wrongful Convictions Act

In the 1990s, the courts sentenced a man to 25-years-to-life for a murder he didn't commit. The legal system denied his ten post-conviction notices. After 21 years of his sentence, the board paroled him in 2014, and the courts exonerated him in 2015. He wants to fight to protect people who plead guilty in New York, New York. The reason for the new act False arrest or false imprisonment is more common in prison than people think. Many people plead guilty to crimes they didn't commit because prosecutors offer a deal that appeals to them. The innocent people may have no evidence in their case...

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New York bill would make it easier to challenge wrongful convictions

The legal process in the U.S. is set according to constitutional guarantees for American citizens. However, each state has the autonomy to write legislation that impacts how due process plays out when a defendant goes to court. The civil and criminal processes can be much different in that a civil case is decided on a preponderance of the evidence while a criminal case is guilty beyond a reasonable doubt. The problem that many criminal defendants face is the latitude within the concept of what reasonable doubt actually is, as many times convictions are reached on borderline or weak evidence....

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Disturbing allegations of abuse at prison shock camps

For many who were incarcerated in New York and looking for a way of shortening their prison sentence, a shock camp program sounded like a great opportunity. In many cases, these imprisoned individuals were trying to get back to their families and loved ones, desperate to refill the gaping void that they left behind. That's the deal that some prison inmates were offered, and it was deceptively inticing. The program was referred to as a shock camp, was said to last for six months, and was being conducted at the Lakeview Shock Incarceration Correctional Facility. Those who were offered the...

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Rights that you have while in prison

In the event that you're arrested and have to spend time in jail in New York, the U.S.C Constitution grants you certain rights that you have. If you feel that you haven't been provided those rights, then you could contact an attorney to file a claim or a complaint. Humane conditions Even though you've committed a crime, it doesn't mean that you should have to live in conditions that are inhumane. As part of your prisoner's rights, you are entitled to clean facilities, working sinks and toilets, and a lack of fire hazards. You are not to be punished with conditions that aren't favorable just...

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What to know about filming police activity

Police bear a commitment to serve and protect. Nonetheless, some of them violate our rights. When law enforcement brutality occurs, Americans suffer at the hands of government officials. We must stop this injustice. One method of fighting back against police misconduct is by filming. The video we capture can play a vital role in holding authorities accountable. The freedom to film police Every citizen has a First Amendment right that allows making movies in public. Should you be in the presence of an officer abusing someone, hit record. If you are the one in handcuffs, ask a passerby to...

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