New York Civil Rights And Criminal Defense Lawyers

Month: June 2017

Can I film police officers?

One way that police abuses such as excessive force come to light is through videotape. However, you may be wondering if you could get in legal trouble for attempting to tape an encounter with a police officer. The answer is that you are probably fine to tape. After all, a New York City police department spokesperson said in 2016 that their officers have been told that being taped is fine as long as the taping is not obstructive. That said, the number of complaints about police officers trying to stop video recording indicates that not all officers follow policy in this area. Your sense of...

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Tennis player James Blake settled his police brutality lawsuit

Tennis star James Blake has settled his police brutality claim against New York City. The tennis player agreed to withdraw his claim in exchange for the city creating a legal fellowship named after him. The fellowship will investigate cases of police misconduct. The lawsuit stemmed from a violent incident in which the tennis star got tackled by a plainclothes officer who mistook Blake for a credit card fraud suspect. Blake had been leaning on a pole next to the Grand Hyatt New York in September 2015, when the officer tackled him, cuffed him and then led him away. Allegedly, police thought...

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Did you truly feel free to leave the police station?

One of the criteria of whether something counts as false arrest and/or false imprisonment is if the “suspect” in question felt free to leave at any time. Since false arrest has to do with unlawfully restraining someone’s freedom, something cannot be false arrest or false imprisonment if probable cause was present, or if the person was able to leave at any time and felt free to do so. However, as you can imagine, this area can be gray. For example, if a police officer brings you to the police station in the back of a police car, do you truly feel like it is fine to leave at any time even if...

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Malicious prosecution: When the law is used unlawfully

Lawyers are trained to recognize when a particular case has legal merit. Nevertheless, an individual might choose to pursue a legal action -- even though a basis did not exist -- simply out of a malicious intention to harm the person being targeted in the suit. These types of lawsuits are called malicious prosecution. Malicious prosecution might happen when a politician wants to defame an opponent, or when a business owner seeks to put a competitor out of business. Malicious prosecution might also happen between two disgruntled family members or for any number of other reasons. It can also...

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3 common types of construction injuries

Working in the construction industry carries a unique risk of injury. According to the Occupational Safety and Health Administration, construction workers face a higher fatality rate than the national average. It is smart to be aware of the potential dangers of working on a construction site so you can avoid injuries. The first step to safety is understanding common types of construction injuries and their causes. Here is a look at the most common accidents in the construction industry. 1. Falls As a construction worker, you are familiar with the various heights at work, such as cranes,...

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Dram shop laws and drunk driving accident cases

If you were hurt by a drunk driver, you might have heard your attorney reference the term "dram shop." Dram shop laws are special laws enacted to hold sellers of alcohol legally responsible for injuries, deaths and financial damages that arise from their irresponsible sale of alcohol to highly-intoxicated customers. In addition to dram shop laws, social host liability laws exist to prevent the hosts of parties from giving their guests an irresponsible amount of alcohol, and then letting them drive home. The legal term "dram shop law" stems from the name for old-English drinking...

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Statistics on racial profiling in the United States

Racial profiling by police in New York and throughout the United States is a serious problem. Statistics point to the fact that law enforcement officials frequently select who they will pull over or stop based on race, and if you are a member of certain racial or ethnic categories, you're far more likely to have an interaction with a local law enforcement officer. On the website for The Leadership Conference, we can see what the statistics say about the topic of racial profiling: -- For every 10,000 citizens, African Americans are stopped 3,400 times. Hispanics were stopped 360 more times....

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