New York Civil Rights And Criminal Defense Lawyers

Month: January 2017

Inmate released after 20 years of unjust imprisonment

Over 20 years ago, a teenager was shot and killed in the streets of the Bronx. Several states away, the New York Law Journal reports, Richard Rosario learned that he had been named as the murderer in the case. Despite the fact that Rosario was in Florida at the time of the altercation and there was no physical evidence to tie him to the case, two witnesses named him as the murderer after seeing his picture in a police photo book, and Rosario was convicted of second-degree murder and sent to jail. In June, 2016, investigators took the time to travel to Florida and interview a dozen alibis...

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14-year-old pedestrian struck by driver after road rage incident

There's no excuse for road rage. This senseless behavior of anger out of control is dangerous for drivers, pedestrians and anyone else we share the road with. Drivers with anger problems need to do everything they can -- and get psychological help when needed -- in order to prevent their reckless emotions from hurting the fellow citizens with whom they share the road. In a recent road-rage incident, the angry driver of a Porsche hit a 14-year-old pedestrian in Brooklyn. The accident happened last Sunday night. After the man hit the boy, rather than helping the teenager, he yelled and...

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Police shootings and your legal rights

Let's say you're driving home from night school and a police officer pulls you over for speeding. You're polite and respond to all his questions, but when you reach for the glovebox to get your license and registration, the officer gets scared. Suddenly, the officer draws his weapon and before you know it, you're shot. Although it sounds improbable, this could happen to anyone. The fact is, police officers are working under a lot of stress and fear these days, and they're not always capable of making sound decisions. If a nervous police officer shoots someone without reasonable cause, the...

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When is a police officer allowed to shoot?

When an officer-involved shooting results in a death, there is sometimes a public outcry and divide of support for either party. When the victim is unarmed and not exhibiting aggressive behavior, the sense of injustice felt by many is even greater. With the increase in this type of incident being reported in the news in recent years, more people are left wondering when a police officer is justified in using his or her gun and when that action is unlawful. What the law says According to the New York Times, The Fraternal Order of Police and International Association of Chiefs of Police...

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4 kinds of police misconduct cases

Section 1983 -- originally included in the Civil Rights Act of 1871 -- is the most important statute that protects the victims of police misconduct. Now, it is featured as Title 42 in the United States Code. This law says that it is unlawful for police officers to deprive individuals of their Constitutional rights or the rights afforded them under federal law. Let's take a look at some of the most common types of police misconduct cases brought forward under Section 1983: -- False arrest: False arrest refers to unreasonable detainment and/or seizure. Police are only permitted to detain an...

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Were you hurt by a police officer in New York?

Let's imagine you're a law-abiding factory worker. After a long day at work, you're driving home and get stopped by the New York City police for a seemingly minor speeding infraction. However, something goes terribly wrong while the officer is talking to you through your car window. Suddenly, you're being dragged out of your vehicle, and the officer is beating you with his bully club before he puts handcuffs on you and lugs you off to jail. Since there was absolutely no reason for the officer to beat you, it's possible that you have a viable police brutality claim that you could file in...

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Are you a victim of traumatic brain injury?

When it comes to traumatic brain injuries, one of the most dangerous aspects is that many people do not realize they have one. While severe injuries are obvious, sometimes damage can be less noticeable and overlooked. Providing education about the different forms of damage is one key to providing better services for traumatic brain injuries. Types of injuries Not all TBIs lead to hospitalization and major recovery periods. Less severe impacts can result in more minor injuries, such as concussions that still cause damage to the brain. Here are some other types of TBI that can occur: Hematoma:...

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