New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog

Police misconduct could be more common than believed

Anyone who runs into trouble with the law likely wishes to receive fair treatment from the police. While most New York law enforcement officers follow the rules, some do not. Such instances could be far more than unprofessional behavior, as the officers may outright violate a suspect's rights. Some scenarios involve abuse, manufacturing evidence, and other illegal actions. Worries about police misconduct Isolated incidents of police misconduct are nothing to ignore, as any examples of law enforcement wrongdoing reflect a blight on the state. Continuing instances of police misconduct might...

read more

Why is it so hard to prove police misconduct?

High-profile cases of police abuse, in New York and across the US, in the last decade have put the spotlight on police conduct. Along with that conversation has come how to hold law enforcement accountable for their wrongful actions. Unfortunately, that is easier said than done for reasons that we will explore here. The issue of police union contracts, which are written to favor the police and make accountability less transparent, is front and center in the discussion. Police, including in big cities like New York where they can generate lots of political power through their organization....

read more

The government must abide by the Brady Rule

Each criminal defendant has a legal right to win their case under the U.S. Constitution. The federal government has an obligation to release evidence in the defendant's favor under the Brady Rule. In New York, the use of evidence for both plaintiffs and defendants is fully protected in federal courts. The Brady Rule The Supreme Court case Brady v. Maryland recognized that every accused defendant has the Constitutional right to receive a fair trial. Prosecutors must disclose any and all evidence to the defense that is favorable to the defendant. This is called exculpatory evidence that favors...

read more

Is an investigation for cybercrime coming your way?

The media often reports about cyber-attacks on well-known companies like Target or Netflix. However, small- and medium-sized businesses are not exempt from experiencing such crimes, which are often engineered by insiders. Is yours one of them? Hacking computers Breaking into a company’s computer system to access unauthorized data is a criminal act. Healthcare institutions are vulnerable because they do not have the kind of state-of-the-art operating systems needed to fend off cyber-attacks. A similar problem exists for government agencies, which have much sought-after information such as...

read more

Dealing with police misconduct: Need to know

In New York, police misconduct is an act of intentional, recklessness or negligence that breaches law enforcement's responsibility to protect and respect the public. Besides physical conduct, police misconduct can entail harassment, humiliation, false confinement and even loss of work and wages. Examples of police misconduct The circumstances entailing inappropriate police conduct include the following. False arrest Police need just cause to detain a person. If probable cause isn't visible, law enforcement has violated your civil rights. Reckless driving If conditions require, law...

read more

When a malicious prosecution becomes a court case

A malicious prosecution is a form of legal abuse that is initiated by a member of law enforcement or a judicial system. It is committed with malicious intent by the plaintiff against the defendant. In New York, if there is no probable cause for the proceeding, the case becomes a tort and abuse of power. A violation of civil rights law Malicious prosecution is an intentional tort that involves illegally filing a lawsuit that has no probable cause. Before and after the case reaches court, it is often dismissed in favor of the defendant, which is the target of the wrongful prosecution. However,...

read more

What is the Prisoners’ Rights Project in New York?

An advocate for constitutional and human conditions for inmates, the Prisoners’ Rights Project focuses on state prisons as well as New York City jails. Since its founding, the Project has built a record of consistent achievements relative to the treatment and conditions surrounding New York prisoners. About the Project Established in 1971, the Prisoners’ Rights Project works to ensure the safety and human rights of those incarcerated in New York jails and prisons. Some of the current problems the Project advocates address include discrimination issues, mistreatment of disabled and LGBT...

read more

Self-dealing

Self-dealing is a criminal act in New York as well as other states. It entails one person violating their fiduciary duty when carrying out a transaction on behalf of someone else, like a broker hearing about a customer order, placing his own trade to take advantage of it, and then placing the customer's trade after. What is self-dealing? There are many possible examples of self-dealing. Some are complex, like the broker example. Others are more straightforward. Taking out company funds for personal use or using company information for insider training are also examples of self-dealing. A...

read more

What is white-collar crime in New York?

Non-violent crime where the perpetrator is trying to scam people out of money is known as a white-collar crime. The term came about in the 1930s due to these financially motivated crimes being committed primarily by people who worked white-collar jobs such as bankers, insurance agents or any similar desk position that was seen as being respectable. What's an example of white-collar crime? White-collar crime usually involves scams or theft of large sums of money. Fraud is the most common type of white-collar crime. Fraud can be anything from an average email scam to filing taxes incorrectly....

read more

When police officers plant drugs

Police officers have an unfavorable reputation for planting drugs on suspects. Because of recent news coverage, there is great interest in the matter. According to USA Today, thousands of officers receive disciplinary strikes every decade. How many are guilty of planting drugs on those who are clean remains undetermined. Here is some information worth knowing if you face a false arrest for drug possession. What the consequences are of drug possession Penalties for carrying drugs vary depending on the state and surrounding circumstances. In New York, a Class A misdemeanor violation could...

read more

Archives