New York Civil Rights And Criminal Defense Lawyers

Month: July 2020

3 little known cybercrimes

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...

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Law enforcement misdeeds led to many wrongful convictions

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...

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The different ways to defend against drunk driving charges

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...

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New Supreme Court case explores a frontier of police brutality law

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...

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Prisoner rights and taking action after they are violated

Individuals in New York and states across the nation are focused on their rights now more than ever. This goes beyond the basic rights of every citizen but also the issues that plague vulnerable populations. Whether this is minorities, women or the disabled, being mistreated and being denied certain rights is against the law. In these matters, individuals could take action for a civil rights violation. When it comes to these types of violations, many think of the citizens within the community. However, these rights still extend to those not immersed in society. In other words, rights are...

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If you face drug charges, protect yourself with a good defense

As someone who has been accused of a drug crime, it's important for you to build a defense. Whether you were selling drugs or were simply caught up in a sting accidentally, it's vital that you protect your own best interests. In New York, you can face serious penalties for even being in possession of drugs. Offenses can be harshly penalized with time in jail, heavy fines or other punishments. To obtain a conviction, the prosecution has to: Show that you were in possession of a controlled substance Show that your possession of that controlled substance was unlawful Prove that you knowingly...

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Wrong man accused of stabbing woman in Queens

When a person is arrested for a serious crime in the New York area it can be a nerve-wracking time. An arrest can be a devastating time with a person facing threats to their freedom, reputation and livelihood. Occasionally an arrest takes place before the authorities have the proper evidence. A man who is confined to a wheelchair recently had charges dropped against him for a stabbing he didn’t commit. This past April a woman was stabbed in the back while waiting for a train at i71st Ave. and Queens Blvd. in Forest Hills. The woman claims the man who stabbed her was in a wheelchair and...

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Steel workers: Beware of working in this hazardous field

Working in construction, you sometimes participate in steel erection work. This is one of the top 10 most hazardous occupations known to the United States Department of Labor. In this field, you should know that you have specific rights. Workers have a right to be able to: Work in conditions that don't post a risk of serious harm File a complaint with the Occupational Safety and Health Administration (OSHA) if they believe that a serious hazard is present in their workplace or that their employer is not following the rules set up by the OSHA. Exercise their rights without the risk of...

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Rivera’s Implications: Examination of an Open Case

Written by Kate Belsito, Legal Intern at Sivin, Miller & Roche, LLP In November 2019, the New York State Court of Appeals handed down its decision in Rivera v. State of New York, effectively setting forth a major hurdle for recovery under the theory of respondeat superior liability: the decision’s “so egregious” standard. In its 4-3 decision, the Court concluded that the actions of three corrections officers—actions which resulted in permanent and serious injuries to an inmate—fell outside the scope of their employment, thus shielding New York State from liability. The majority reached...

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Scope of Employment After Rivera: A Case Study

The New York Court of Appeals, in deciding Rivera v. State, 34 N.Y.3d 383 (2019), altered how pro se litigants and attorneys approach the “scope of employment” issue in prison cases.  The following case examines the impact of the Rivera decision. In March of 2020, an inmate (our client: I’ll call him John Doe 2) housed in a New York State correctional facility alleged that correctional officers took him to an area without video surveillance and brutally assaulted him. Mr. Doe was slammed into a wall, punched multiple times across the face, choked, kicked, and pepper sprayed.  During this...

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