New York Civil Rights And Criminal Defense Lawyers

Civil Rights

The government must abide by the Brady Rule

Each criminal defendant has a legal right to win their case under the U.S. Constitution. The federal government has an obligation to release evidence in the defendant's favor under the Brady Rule. In New York, the use of evidence for both plaintiffs and defendants is fully protected in federal courts. The Brady Rule The Supreme Court case Brady v. Maryland recognized that every accused defendant has the Constitutional right to receive a fair trial. Prosecutors must disclose any and all evidence to the defense that is favorable to the defendant. This is called exculpatory evidence that favors...

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When a malicious prosecution becomes a court case

A malicious prosecution is a form of legal abuse that is initiated by a member of law enforcement or a judicial system. It is committed with malicious intent by the plaintiff against the defendant. In New York, if there is no probable cause for the proceeding, the case becomes a tort and abuse of power. A violation of civil rights law Malicious prosecution is an intentional tort that involves illegally filing a lawsuit that has no probable cause. Before and after the case reaches court, it is often dismissed in favor of the defendant, which is the target of the wrongful prosecution. However,...

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What is the Prisoners’ Rights Project in New York?

An advocate for constitutional and human conditions for inmates, the Prisoners’ Rights Project focuses on state prisons as well as New York City jails. Since its founding, the Project has built a record of consistent achievements relative to the treatment and conditions surrounding New York prisoners. About the Project Established in 1971, the Prisoners’ Rights Project works to ensure the safety and human rights of those incarcerated in New York jails and prisons. Some of the current problems the Project advocates address include discrimination issues, mistreatment of disabled and LGBT...

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When police officers plant drugs

Police officers have an unfavorable reputation for planting drugs on suspects. Because of recent news coverage, there is great interest in the matter. According to USA Today, thousands of officers receive disciplinary strikes every decade. How many are guilty of planting drugs on those who are clean remains undetermined. Here is some information worth knowing if you face a false arrest for drug possession. What the consequences are of drug possession Penalties for carrying drugs vary depending on the state and surrounding circumstances. In New York, a Class A misdemeanor violation could...

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What are the potential new limits to Bivens claims?

Civil rights are a guarantee for everyone in New York and the rest of the country to protect them from government overreach. One example is the right that allows a person to sue a police officer for false arrest. Bivens claims are a part of these rights and give people the power to defend themselves against federal officials. What are Bivens claims? About 50 years ago, during Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the court allowed the plaintiff to seek civil damages from federal officers who violated their Fourth Amendment rights. After that original case,...

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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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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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Qualified immunity and your civil rights

As a New York resident, you may benefit from learning more about the problems with qualified immunity, police misconduct, and protecting your civil rights. Recent studies show that the concept of qualified immunity is outdated and that police need to be incentivized to adopt practices that reduce excessive uses of force. Federal criminal and civil statutes protect all citizens from police misconduct committed by the state, county, and local officers, including jail and prison authorities. Understanding qualified immunity Qualified immunity is a defense that exists to eliminate the fear of...

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