New York Legal Blog

The dangers of food poisoning

On behalf of Sivin & Miller, LLP Attorneys at Law on Wednesday, June 12, 2019.

Have you ever felt sick to your stomach and immediately blamed it on something you ate? While most minor indigestion issues pass on their own, some situations may be more severe. In fact, foodborne illnesses can sometimes be fatal.

Restaurants have a duty to serve food that is both fresh and well-prepared. It is especially easy to mishandle meat and dairy products if a cook is not careful. If you have experienced significant pain or illness from poorly-prepared food, you may be able to hold the restaurant responsible for your suffering.

What is malicious prosecution? Know your rights

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Civil Rights on Thursday, June 6, 2019.

If you're accused of a crime, one of the things you need to be careful of is malicious prosecution. With a case of malicious prosecution, charges are maliciously filed against you with the goal of harassing you, causing intimidation or defaming you. The goal is to injure you.

Malicious prosecution usually occurs when one person files false charges against another. For example, a person might choose to file charges against a political figure to hurt their chances of obtaining a position in the government.

Shooting involving officers often hidden away in documentation

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Police Misconduct on Thursday, May 23, 2019.

When the police do something wrong, the public deserves to know and to hold the agencies responsible for those actions. Unfortunately, the reality is that police misconduct is often hidden, and records of incidents are hidden away.

Take, for example, this case that reached the national news. A woman saw that someone had been shot by the police, and she thought it may be her son. Though she went to the police to ask who had been taken to the hospital and asked the hospital itself, she couldn't get any information because of it being an officer-involved shooting. The woman did not find out it was her son until approached by a coroner.

How New York City is addressing implicit bias in police conduct

On behalf of Sivin & Miller, LLP Attorneys at Law on Tuesday, May 21, 2019.

Multiple news stories concerning unjust police interactions with racial minorities have revealed the problems with prejudice and police training. Of students arrested in New York City schools in the 2016-17 academic year, 92% were Hispanic or Black, even though they only make up about two-thirds of the total student population, reports Chalkbeat.

While many people talk about reform, not much happens beyond the conversations. The New York Police Department, however, is trying to address this problem through mandatory implicit bias training for all members.

Does looking good really matter in court?

On behalf of Sivin & Miller, LLP Attorneys at Law posted in criminal defense on Thursday, May 9, 2019.

If you are facing a trial, one of the things you may have been told is that you need to dress a certain way when you present yourself to the judge. While some people may scoff and believe that there should be no bias against anyone for how they look, the reality is that you want to look as professional as possible, so the judge and jury know you're taking this case seriously.

Looking good isn't just about the clothes you wear, either. It also means appearing polite and showing the appropriate emotions at the right times. For instance, if recounting a horrible memory, you wouldn't want to smile or laugh. Doing so would make you look bad and make others favor the witness' testimony over what you have to say.

Yes, you have a right to challenge a verdict

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Civil Rights on Thursday, April 25, 2019.

There are times when a conviction may not be fair or justified. Whether it's due to a biased jury or a miscarriage of justice based on a lack of evidence, it's very important that those who are facing a wrongful conviction or unjust conviction get the help they need to reverse it.

If you believe that the guilty verdict was made in error, then you can seek a reversal of the conviction. Normally, you can do this through an appeal. Sometimes, you can do it through a writ.

Resisting arrest may complicate your criminal case

On behalf of Sivin & Miller, LLP Attorneys at Law on Wednesday, April 17, 2019.

Like most New Yorkers, you have a healthy respect for law enforcement officers. Nonetheless, if you do not believe you have committed a crime, having an officer handcuff you may seem unacceptable. Still, resisting arrest may complicate your criminal case. It could also lead to other serious consequences.

In New York, you meet the elements of resisting arrest if you either intentionally prevent or attempt to prevent an officer from conducting an authorized arrest. An authorized arrest occurs when officers have probable cause to believe you have committed a crime.

The problem of perjury

On behalf of Sivin & Miller, LLP Attorneys at Law on Tuesday, April 16, 2019.

Perjury is the act of giving a knowingly inaccurate testimony while under oath. In today’s climate of false accusations and evidence, it has become an even more pervasive problem.

Last year, a judge sentenced a New York police detective to 60 days in jail, following an instance of blatant perjury concerning a search warrant. Many believe this to be a lenient punishment, considering the impact that lies like these can have. This particular case demonstrates how serious the issue of perjury has become.

Woman claims police targetted her, falsely imprisoned her

On behalf of Sivin & Miller, LLP Attorneys at Law posted in False Arrest or False Imprisonment on Friday, April 12, 2019.

A woman is claiming that she was a victim of false arrest, false mental health arrest, false imprisonment, fraudulent charges and more after she was arrested during a confrontation between herself and the instructors at the local Citizens Police Academy in Albany.

One officer, in body-cam footage, made a lewd motion to another officer as the woman was sitting on a bench. She can be heard saying that the officer is attempting to antagonize her. The 25-year-old woman later discovered the officers mocking her and one asking if the other had gotten her phone number.

Do women have access to good personal protective equipment?

On behalf of Sivin & Miller, LLP Attorneys at Law posted in Personal Injury on Friday, March 29, 2019.

New York City's construction field is strong, and it has begun to pull in more female contractors. As a female in a primarily male field, you already have some interesting challenges. A more important challenge to address is the need for specialized safety equipment.

As a female who may be asked to perform the same tasks as men, people may believe that you can use the same safety equipment. That's not necessarily the truth. You may need to purchase personal protective equipment (PPE) that fits you correctly, or you could face the dire consequences of using ill-fitted gear.

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