New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

What constitutes the white collar crime of embezzlement?

You may have spent years working hard in your chosen profession and after time have seen significant occupational success. If some of your responsibilities include handling company funds, it is essential that you do so as carefully as possible. A misstep could do more than harm your company -- it could lead to charges of embezzlement that threaten your personal and professional reputation and well-being. Defining embezzlement What is embezzlement? Embezzlement occurs when a worker obtains company assets lawfully, but then uses them for personal purposes rather than the intended company...

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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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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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Felony Assault Acquittal

On February 25, 2020, Sivin, Miller & Roche LLP won a full acquittal on a felony assault case in Kings County Supreme Court. Our client was charged with slashing the complainant in the face with a knife during a fight. We were successful in persuading the jury that the complainant was the initial aggressor and that our client was justified in defending herself.  The Jury found her not guilty of all charges.

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Man spends 25 years in prison for a crime he didn’t commit

Can you imagine being accused of a crime, convicted and then serving the longest possible sentence? It would be a miserable situation, and you'd probably fight to prove that you were innocent the entire time. That's what happened in this case. Freedom is in the air for a man from the Bronx who spent 25 years of his life behind bars for a crime that he did not commit. According to the news from Jan. 28, the 60-year-old man cried out of joy as he left the courtroom after having a rape conviction vacated. The man had been accused of a rape that took place in 1984 in East Harlem. If he pleaded...

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How does racial profiling affect Americans?

Racial profiling is a serious problem in America. Every state is a little different, but it can be agreed that there are underlying racial issues that have to be considered any time someone is arrested or accused of a crime. Racial profiling is a troubling issue because it targets people of specific races. It humiliates these individuals and results in detentions, searches without evidence, interrogations and more. There is no way to know if someone is going to participate in a crime based on their race, yet racial profiling is still an issue. One of the biggest problems with racial...

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2 false positive tests keep a man in prison 4.5 months too long

If you are arrested and tested for drugs, you expect that test to come back accurately. If you don't use drugs, it would be an absolute shock to be accused of being drugged. That's similar to what happened to this young man. The 34-year-old man was at school in New York's Willard Correctional Facility at the drug treatment campus when he was asked to take a drug test. He was formerly a heroin user, but he had stayed clean throughout the program. In fact, he had only a month to go before he would get to leave and go home. That drug test didn't come back negative, though. It came back saying...

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Raise the Age legislation in final phase this September

People make mistakes. In fact, many people who are accused of crimes never planned to commit them. This is particularly true among minors. That's why New York has been addressing the problem of having young, impressionable people in its prison system. Now, starting at the end of September, 17-year-old offenders will no longer be put through the adult criminal justice system. This is the final phase of the state's Raise the Age legislation. To help address more serious offenses, a new Youth Part was added to the State Supreme Court to handle felony charges and family court. While this system...

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El Chapo sentenced, faces allegedly unfair trial, poor conditions

If you have been following the news, then you may have heard that the so-called drug lord "El Chapo" has been sentenced to life in prison. It's believed that he will be sent to the Supermax prison in Florence, Colorado. The man, 62, is to be sentenced to the prison, which is known to house some of the most high-risk and dangerous prisoners in the United States. He is, after all, one of the most notorious outlaws in the United States today; he ran a Mexican cartel and smuggled over $12 billion of drugs into the country. A federal judge in New York City sentenced him to life in prison, which...

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Does looking good really matter in court?

If you are facing a trial, one of the things you may have been told is that you need to dress a certain way when you present yourself to the judge. While some people may scoff and believe that there should be no bias against anyone for how they look, the reality is that you want to look as professional as possible, so the judge and jury know you're taking this case seriously. Looking good isn't just about the clothes you wear, either. It also means appearing polite and showing the appropriate emotions at the right times. For instance, if recounting a horrible memory, you wouldn't want to...

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