Sivin, Miller & Roche LLP Attorneys at Law | New York

Issues disabled people deal with while in contact with the police

On Behalf of Sivin, Miller & Roche LLP | Wednesday Sep 28, 2022 | Civil Rights, Police Misconduct

Getting pulled over by the police in New York is a stressful time for anyone. Unfortunately, this stressful situation is often worse for disabled individuals. In some cases, law enforcement can misread someone's disability as criminal behavior. Disabled people could be accused of a crime, such as DUI or resisting arrest, that they did not commit. Difficulty hearing law enforcement's commands Many civil rights or police misconduct matters involve commands given to civilians. If someone is deaf, these people won't be able to hear an officer's commands. Similar situations happen when a disabled...

Who commits different types of Section 8 fraud

On Behalf of Sivin, Miller & Roche LLP | Wednesday Sep 14, 2022 | Criminal Defense

Section 8 is the program administered at the federal level by the U.S. Department of Housing and Urban Development. The program pays all or some of the rent for low-income people. This is a massive program that landlords rely on for income and tenants need for housing. With so much money on the table, the temptation to commit fraud can strike landlords, administrators or tenants. Bribery, false billing and side payments A property owner or administrator for Section 8 housing holds a position of power over people who are often desperate for housing. Strong competition for limited rental units...

What are hate crimes, and how are they punished?

On Behalf of Sivin, Miller & Roche LLP | Tuesday Sep 13, 2022 | Criminal Defense

New York federal law enforcement officials take hate crimes seriously. A person who faces charges needs immediate help with their case as hate crimes are considered federal offenses and carry serious consequences. Understanding hate crimes Hate crimes are motivated by bias against a specific group of people who are considered protected. Crimes perpetrated against anyone for certain characteristics or perceived characteristics such as race, color, religion, gender, sexual orientation, disability or national origin are not taken lightly. As such, a person who commits a hate crime can face...

Your rights while in prison

On Behalf of Sivin, Miller & Roche LLP | Monday Aug 29, 2022 | Civil Rights, Prisoner's Rights

After being arrested and taken to jail in New York, you might think that you will have the bare minimum of supplies and poor conditions to get you through. However, there are certain rights that you have as an inmate so that you feel safe and so that you are as healthy as possible while awaiting trial or until your release date. Humane conditions One right that inmates have is humane conditions. You also have the right to not be treated as though you're guilty before you have a trial. The facility should have running water and proper plumbing so that you can maintain your hygiene. Your...

Juvenile incarceration and Raise-the-Age: What to know

On Behalf of Sivin, Miller & Roche LLP | Tuesday Aug 16, 2022 | Criminal Defense, Prisoner's Rights

The issue of juvenile justice is one of the most difficult that courts have to face. They have to decide how to punish individuals who are not held responsible for their actions in a wide variety of situations. In the state of New York, legislation has changed the operations of juvenile incarceration in recent years. As a result of the Raise-the-Age legislation in New York, New York, a certain class of older juvenile offenders will be able to take advantage of the juvenile justice system. This new approach to teenagers will hopefully reduce the abuses and horrific statistics associated with...

When is an arrest wrongful?

On Behalf of Sivin, Miller & Roche LLP | Thursday Aug 11, 2022 | Civil Rights

A man was arrested outside of a courthouse in New York City for allegedly violating a state statute dealing with criminal contempt in the second degree. He was taken into custody for sharing information about the court system's "dirty little secret." It is a practice referred to as "jury nullification" in which juries have the legal power to set a person free if the law used to bring charges against him or her are unfair. Was it a crime? The arresting officers contended that the defendant broke a law that disallows people from handing out flyers to entice a course of action within 200 feet...

What is telemarketing fraud, and how is it committed?

On Behalf of Sivin, Miller & Roche LLP | Monday Aug 1, 2022 | Criminal Defense

New Yorkers who are accused of telemarketing fraud should immediately seek assistance. It’s important to know how this crime is committed. What is telemarketing fraud? Telemarketing fraud is a crime that occurs through the phone as a way to deceive a victim into believing they can gain something by paying money. It’s carried out when the criminal manages to get the victim to provide their most sensitive information such as their financial information or Social Security number. What are some common telemarketing scams? One of the most common recent telemarketing scams involves a phone call...

New York justice reforms could affect civil rights cases

On Behalf of Sivin, Miller & Roche LLP | Wednesday Jul 20, 2022 | Police Misconduct

Since the death of George Floyd more than two years ago and the subsequent arrest and conviction of the police officers responsible for the incident, the New York state legislature has enacted several bills that protect the civil rights of those arrested in the state. In addition, New York's governor has signed several executive orders that may also help those unlawfully detained or abused by police. New York laws that could help your civil rights case One of the most significant state laws affecting police misconduct cases involves the disclosure of police disciplinary records in certain...

Understanding wrongful convictions in New York

On Behalf of Sivin, Miller & Roche LLP | Friday Jul 15, 2022 | False Arrest Or False Imprisonment

When you're arrested for a crime, you're presumed innocent until proven guilty. But sometimes, the justice system doesn't work properly. Innocent people can be convicted, and it happens more often than you might think. There are a number of reasons why wrongful convictions occur. Eyewitness mistakes Usually, when someone is convicted of a crime, it's because there's eyewitness testimony against them. But eyewitnesses can be wrong. Unfortunately, human memory is often fallible, and people can misidentify a suspect, especially if they're under stress or if the perpetrator is of a different...

What are your rights pertaining to illegal strip searches?

On Behalf of Sivin, Miller & Roche LLP | Wednesday Jul 6, 2022 | Criminal Defense

Everyone in New York deserves to be treated with respect. This is even true for individuals who are arrested on charges regardless of their innocence. However, illegal strip searches are a huge violation of people’s civil rights. What is a strip search? A strip search is a common practice in law enforcement. It involves making a prisoner or suspect strip so that a prison guard, jail administrator or other law enforcement officer can search them for illegal contraband. However, in some cases, complete nudity for a strip search isn’t necessary. Searches can be strictly visual, but sometimes,...

New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog