New York Civil Rights And Criminal Defense Lawyers

New York Civil Rights And Criminal Law Blog

Protester sues NYPD for police brutality

The killing of George Floyd by a police officer prompted hundreds of protests in the New York City area and throughout the country. The Black Lives Matter movement has inspired people to protest police brutality and subsequent killings of people of color by police. Unfortunately, there are still instances of police misconduct occurring. One protester has sued the NYPD, alleging excessive force. What happened during the incident? The incident occurred on June 3, 2020, on 50th St. and 3rd Ave. A group of New Yorkers was protesting the killings of George Floyd and other Black people at the...

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What is the Fourth Amendment?

During a criminal investigation, you must balance two competing interests. The first is the interests of the government and the second is whether the intrusion violates your Fourth Amendment rights. According to the U.S. Courts, the Fourth Amendment protects the public against unnecessary government searches and seizures. This amendment does not guarantee protection from all searches and seizures but those considered unreasonable based on the law. What the Fourth Amendment protects The protections under the Fourth Amendment apply to police searches and situations where you have a reasonable...

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New York embezzlement laws

In the state of New York, the crime of embezzlement is considered to be a form of larceny and is covered by larceny statutes. The definition of larceny is the wrongful taking of another party’s property. Larceny is considered to be embezzlement when the person who takes the property was entrusted to hold the property for its rightful owner. Examples of embezzlement In legal terms, “property” could be physical property, money, computer data or something else of value. A typical example of embezzlement is the unlawful transfer of funds by an accountant. If a financial professional was...

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Man imprisoned for 23 years for a crime he did not commit

A 23-year-long nightmare for a wrongly convicted New York man is over. With no DNA evidence, video footage, confession, phone records or fingerprints, the man was charged with murder on the basis of eyewitness testimony. For more than two decades, he sat in a prison cell for a crime he did not commit. He maintained his innocence through all those years, and after a thorough re-investigation, the Richmond County District Attorney's office agreed. Details of the original case On April 5, 1996, a young man was gunned down at the Stapleton N.Y.C.H.A Housing Complex in Staten Island where he...

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Do inmates have a right to dental care?

When going to prison, inmates often expect to experience confinement, isolation and even intimidation from correctional officers. They may not expect, however, to face declining health. Still, according to the Marshall Project, some inmates wait almost a decade for dental care. Because they are unable to visit the dentist on their own, inmates have a right to dental care inside prison walls. Regrettably, due to dentist shortages and other factors, prison officials often delay dental procedures so long that inmates suffer both considerable pain and catastrophic complications. The importance...

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What are the rights of inmates in New York?

There are thousands of inmates in New York prisons and jails. Although these individuals are incarcerated, they still have certain civil rights. It's important to know how inmates are protected and to know about New York's bail reform. What are inmates' basic rights? There are certain prisoners' rights in place in New York and throughout the United States. Those basic rights include the following: Inmates must be placed in humane facilities instead of in those that are not fit for humans. Conditions must be reasonable and not cruel or unusual. Inmates have the right to not be sexually...

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Do officers have confidence in their stun guns?

Recently, a Minnesota police officer made national headlines when she gunned down a man. When explaining the officer's actions, the chief of police claimed she had mistaken her service weapon for a less-lethal stun gun.   Even though there are plenty of stories about officers misusing stun guns, reaching for one may keep an officer from killing a suspect, bystander or someone else. Regrettably, though, officers with the NYPD may be losing confidence in their stun guns.   Stun guns may be less effective According to a recent study, stun guns may be less effective at subduing individuals than...

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Does police misconduct lead to convictions?

Interactions with the police may result in arrest. Regrettably, some defendants find themselves in a New York criminal court due to police misconduct. Although the accused have rights, those rights may end up violated when false evidence and perjury impact the proceedings. Victims of gross police misconduct might take civil actions while also addressing the misconduct in criminal court. Instances of police misconduct While mistaken identity and faulty eyewitness testimony might account for many wrongful convictions, official misconduct factors more than the average person realizes. The...

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The next step after a loved one’s arrest

If your loved one has been arrested, you may be worried about his or her welfare and confused about what will happen next. You will likely find it difficult to obtain reliable information in the first hours after the arrest, and you may hear many unfamiliar terms about the process head. One of these terms is “arraignment.”  After an arrest, your loved one will be arraigned, which means he or she will face a judge for the first time. It is an important part of the criminal justice procedure and a time when the prosecution, the judge and your loved one’s attorney will make some important...

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What is malicious prosecution?

If you frequently visit or reside in New York, you may benefit from learning more about malicious prosecution, police conduct, and protecting your civil rights. Malicious prosecution occurs when a lawsuit is filed for an improper purpose, without probable cause or grounds. This gratuitous lawsuit may be criminal or civil in nature. Simply being forced through the legal process after a false arrest can qualify as malicious prosecution. Elements of malicious prosecution These cases involve the defendant beginning or continuing a civil or criminal proceeding. The case must be lacking reasonable...

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