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

How manslaughter differs from murder

On behalf of Sivin, Miller & Roche LLP | Wednesday Aug 26, 2020 | Criminal Defense

If you or someone you know has been arrested for and charged with murder or manslaughter in New York State, you may find it helpful to learn how the state defines these two crimes and what differentiates them from each other. While both murder and manslaughter involve the death of another person, some very specific details about a case may determine which offense a person is charged with. Different felony classifications As explained by the New York Senate, murder in the first degree is determined to be a Class A-I felony while manslaughter in the first degree is a Class B felony. These...

Racial profiling at stores is common, but can be illegal

On behalf of Sivin, Miller & Roche LLP | Friday Aug 21, 2020 | Civil Rights

Many New Yorkers who are black have probably experienced poor treatment at area retail stores because of stereotypes about their race. While many notorious cases of racial profiling have happened at New York’s priciest stores, it is common at the neighborhood grocery stores, well-known big box stores and other retail establishments. Among black Americans in New York City with middle class incomes, 4 out of 5 of those asked said that they felt stereotyped in some way while they were out shopping. Close to 60% said that they felt like store employees treated them as potential shoplifters by,...

These 3 work zone hazards affect pedestrians and workers

On behalf of Sivin, Miller & Roche LLP | Monday Aug 17, 2020 | Personal Injury

There are many kinds of accidents that can happen on construction sites, which is why people should not be on a construction site without permission. Sometimes, especially in New York, you may have to walk through an area that is under construction. Doing that, you could be exposed to many of the hazards that workers face. You could also be an independent contractor working for a company and end up suffering an injury, which then requires you to make a personal injury claim instead of workers' compensation claim. Whether you're walking through the area or work there, there are a few hazards...

Man files civil rights lawsuit after alleged police misconduct

On behalf of Sivin, Miller & Roche LLP | Monday Aug 17, 2020 | Police Misconduct

In New York and across the nation, people are increasingly emboldened to protest when they are victimized by illegal behaviors on the part of law enforcement. Even with the prevalence of cellphone cameras and other methods to record when there are civil rights violations due to police misconduct, it still happens on a regular basis. Fortunately for victims, there are alternatives to seek compensation for the mistreatment. One recent case serves as an example as to what can happen if police cross the line into illegal behavior when on a call. NYPD officers allegedly beat and arrest man after...

Can law enforcement officers search your car without a warrant?

On behalf of Sivin, Miller & Roche LLP | Wednesday Aug 12, 2020 | Civil Rights

When you come in contact with law enforcement, you maintain certain rights in many situations. Understanding exactly what rights you have in specific places may help you avoid an unnecessarily stressful or harrowing situation. When authorities pull you over in your car, for example, your rights differ to some degree than those you have when they come to your door or stop you at a party or public event. You may be under the impression that a law enforcement official may not search your vehicle unless he or she has a warrant, but is this true? Understanding “probable cause” While authorities...

Probable cause in a criminal defense lawsuit

On behalf of Sivin, Miller & Roche LLP | Tuesday Aug 4, 2020 | Criminal Defense

The Fourth Amendment of the U.S. Constitution protects citizens from illegal search and seizure. In other words, law enforcement officers are not permitted to search someone’s personal property or arrest them without probable cause. If an officer performs an unlawful search or arrests them illegally, the charges brought against that person may be dropped. What does an officer need for a legal search and seizure? Generally, an officer requires a valid search warrant or probable cause to search any area where a person has a legitimate expectation of privacy. In order for a search warrant to be...

3 little known cybercrimes

On behalf of Sivin, Miller & Roche LLP | Thursday Jul 30, 2020 | Firm News

Although computers of some form or fashion came about in the 1800s, modern-day computers entered the world in the 1970s. Now, in the 21st century, having a computer, whether a laptop, PC or cellphone, is a must for many people. 100% of people between the ages of 18 and 29 use the internet. Even those 65 years and older use the internet 73% of the time, and they were born before the invention of the modern-day personal computer. These days, with all the devices used to access the internet, there are innumerable ways to commit computer crimes. Here are three cybercrimes some people may commit...

Law enforcement misdeeds led to many wrongful convictions

On behalf of Sivin, Miller & Roche LLP | Wednesday Jul 29, 2020 | False Arrest Or False Imprisonment

New Yorkers who are alleged to have committed crimes and are placed under arrest might be under the impression that the justice system will work in their favor with fairness. If they did not do what they are accused of, it is easy to think that they will be cleared of the charges and can move on with their lives. Unfortunately, that is not the case for a troubling number of people. Those who have been wrongfully convicted of a crime and punished for it should be aware of their rights to seek compensation. Recent review shows how a spate of wrongful convictions happened Recently, the Brooklyn...

The different ways to defend against drunk driving charges

On behalf of Sivin, Miller & Roche LLP | Tuesday Jul 28, 2020 | Criminal Defense

Drunk driving charges are serious criminal charges with significant potential penalties and consequences associated with them. Authorities, however, may make errors during the arrest process or the evidence being used against the accused individual may be questionable. As a result, drivers accused of drunk driving should be familiar with the different ways to defend themselves against the charges they are facing based on any violation of their rights or mistakes made by authorities. Different drunk driving defenses include: Challenge to an improper stop – police must meet certain standards...

New Supreme Court case explores a frontier of police brutality law

On behalf of Sivin, Miller & Roche LLP | Tuesday Jul 21, 2020 | Civil Rights

The Fourth Amendment to the U.S. Constitution provides the people with some of the most important protections against police misconduct. Among other things, it prohibits unreasonable search and seizure. While courts have long disagreed about what counts as "unreasonable" behavior on the part of the police, it is well established that police brutality during an arrest can be a violation of a person's Fourth Amendment rights. But what if the person is not arrested? Is police brutality still a violation of that person's Fourth Amendment rights? A case headed to the U.S. Supreme Court could...

New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog