New York Civil Rights And Criminal Defense Lawyers

Month: April 2020

Traffic stops and “unreasonable” search and seizure

The Fourth Amendment, which prohibits the police from "unreasonable" search and seizure, is one of the most important constitutional protections in criminal defense. The amendment provides that the police had better have a good reason before they arrest or search a person. The legal term for this good reason is "probable cause." . The amendment comes up often in cases involving traffic stops. For instance, imagine a case where a police officer sees a driver run a stop sign. The officer then pulls over the driver's car. The officer's traffic stop is not unreasonable, because the officer saw...

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For Families of Incarcerated Clients: Resources for Tracking the Latest News on Government and Prison Responses to COVID-19

Blog by Jake Ethé, on behalf of Sivin, Miller & Roche LLP: As we continue to navigate the COVID-19 pandemic in what ways we can, Sivin, Miller & Roche LLP recognizes the anxiety that many of the families of our incarcerated clients--and, indeed, the families of all incarcerated persons--must feel during this difficult and rapidly-evolving time.  We are committed to providing you with the best resources that the nation's legal professionals have to offer, so that you can remain up to date with how governments and prisons are responding to COVID-19 and how it may affect your loved one....

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Blog by David Roche, on behalf of Sivin, Miller & Roche LLP: Like every other institution and organization, the criminal courts of New York City are figuring out how to adapt and function in the drastically changed world of the Coronavirus pandemic. The criminal courts with which we have long been accustomed - with crowded courtrooms full of lawyers, court officers, clerks, and audience members - are dangerous breeding grounds for spread of the virus; and, needless to say, cramped holding pens and jail cells full of people are a nightmare for those who have been arrested and for their...

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Business executives are at risk for federal charges

Along with other government agencies, the Federal Bureau of Investigation will review allegations of white collar crimes of different types. Depending on the outcome, a New Yorker can wind up facing a range of federal charges. A conviction on these charges can land a person in prison for years if not decades. Additionally, steep fines, restitution and other penalties are possible. Finally, after a conviction for a white collar crime, it may be very hard for a person to work in his or her profession ever again. Some of these white collar crimes may seem pretty flagrant to those who read the...

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Historic Victory for Legal Aid Society

Just this past week, in the wake of the COVID-19 pandemic, the Legal Aid Society of New York, for the first known time in New York state history, won habeas relief in response to conditions-of-confinement claims, which were brought for certain medically vulnerable pretrial detainees and folks on parole holds being held on Rikers Island.  Read Judge Mark Dwyer's decision on the matter below:

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Black man smoking marijuana violently arrested in Brooklyn

New York police are important members of our society. Every day they put their lives on the line to help protect and help the citizens of New York. Unfortunately, while carrying out their task of keeping city residents safe, they sometimes overstep their bounds. If a police officer breaks the law, they should be held accountable for their actions. A man who was at a park in Brooklyn was arrested after a police officer noticed him allegedly smoking marijuana. The arrest involved an undercover officer who pulled a taser on the unarmed black man in a violent manner. The incident was recorded by...

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