New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

Understanding malicious prosecution in New York

A person in New York can file a lawsuit against you to defame, harass, intimidate or injure you emotionally or psychologically for no absolute reason. If that's what is happening to you right now, keep reading to learn more about how you can protect yourself. What is malicious prosecution? Malicious prosecution is when someone brings a baseless lawsuit to scare or injure you in one way or another. Of course, these suits often fail, but they will definitely cause you damage. For instance, you'll lose money in attorney fees and waste your time proving your innocence even though they know that...

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White-collar crimes are on the rise

Not every crime involves violence or force, and many people find themselves suffering financial losses due to fraud, misrepresentation and other acts of financial misconduct. Some may suggest that the United States currently faces a white-collar crime wave. While victims might not suffer physical harm, they could deal with the terrible consequences of monetary losses. A rash of white-collar crimes White-collar criminal activities are nothing new, but 2022 logged many high-profile instances of such behavior. Public awareness may increase when public figures, such as politicians, become...

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Albany, don’t turn back the clock on discovery rules

New York is a state with a large and complex legal system. That system is far from perfect, and one of the biggest issues is the fact that historically, defendants often did not get access to all the evidence against them. The Blindfold Law The so-called blindfold law was a set of rules that, for most of the history of the state, prevented defendants from being able to know what evidence the state was using against them when they were charged with a crime. This created a very unfair legal environment, because many defendants were forced to plead guilty to crimes they had never committed out...

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What to expect from the New York appeals process

Even with the best defense, it is possible to lose your criminal case and face jail time. The justice system requires fairness and impartiality, but there are times when the system becomes compromised by misconduct, improper jury instructions or misapplication of the law. New York allows for an individual who loses a case to file an appeal. This process asks a higher court to review the decision in place with the hopes of having it changed in the defendant’s favor. Participants in an appeal The individual seeking the appeal becomes the appellant, and the party on the other side becomes the...

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New York bill would make it easier to challenge wrongful convictions

The legal process in the U.S. is set according to constitutional guarantees for American citizens. However, each state has the autonomy to write legislation that impacts how due process plays out when a defendant goes to court. The civil and criminal processes can be much different in that a civil case is decided on a preponderance of the evidence while a criminal case is guilty beyond a reasonable doubt. The problem that many criminal defendants face is the latitude within the concept of what reasonable doubt actually is, as many times convictions are reached on borderline or weak evidence....

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Some stats on white collar crime

White collar crime in New York, is typically a nonviolent financial crime, such as Ponzi schemes and money laundering. While the FBI makes efforts to combat white collar crime, stats show how prevalent it still is. General white collar crime stats Statistics show 5,000 out of 100,000 people get arrested for white collar crime annually with only 3% prosecuted. In 2021, the U.S. prosecuted 4,727 white collar crimes, which was slightly over 53% less than the previous decade. The FBI estimated white collar crime cost the United States about $300 billion annually compared to burglary and robbery...

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What to know about tax evasion charges

Tax evasion is a white-collar crime with varying levels of punishment. According to New York Tax Law 1801, tax fraud occurs when an individual willfully engages in acts that avoid taxes. If you face tax evasion charges, continue reading to learn more about what to expect in the trial and conviction process. Always consult with your attorney before making any decisions about your case. Examples of tax fraud Tax fraud acts might include fraudulent tax returns with inaccurate information, failure to file a tax return or simply refusing to pay taxes. Often a tax fraud charge contains several...

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Is an investigation for cybercrime coming your way?

The media often reports about cyber-attacks on well-known companies like Target or Netflix. However, small- and medium-sized businesses are not exempt from experiencing such crimes, which are often engineered by insiders. Is yours one of them? Hacking computers Breaking into a company’s computer system to access unauthorized data is a criminal act. Healthcare institutions are vulnerable because they do not have the kind of state-of-the-art operating systems needed to fend off cyber-attacks. A similar problem exists for government agencies, which have much sought-after information such as...

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Self-dealing

Self-dealing is a criminal act in New York as well as other states. It entails one person violating their fiduciary duty when carrying out a transaction on behalf of someone else, like a broker hearing about a customer order, placing his own trade to take advantage of it, and then placing the customer's trade after. What is self-dealing? There are many possible examples of self-dealing. Some are complex, like the broker example. Others are more straightforward. Taking out company funds for personal use or using company information for insider training are also examples of self-dealing. A...

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What is white-collar crime in New York?

Non-violent crime where the perpetrator is trying to scam people out of money is known as a white-collar crime. The term came about in the 1930s due to these financially motivated crimes being committed primarily by people who worked white-collar jobs such as bankers, insurance agents or any similar desk position that was seen as being respectable. What's an example of white-collar crime? White-collar crime usually involves scams or theft of large sums of money. Fraud is the most common type of white-collar crime. Fraud can be anything from an average email scam to filing taxes incorrectly....

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