New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

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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Tell your defense attorney everything for the best protection

Criminal defense is important to any person who has been arrested and for those who could potentially be arrested. For example, those who are potentially involved in fraud could see colleagues or employers arrested before they're implicated themselves. From the moment that any investigation begins, having an attorney on your side is important. Some people feel uncomfortable talking to their defense attorneys about what really happened in a situation. Why? They don't want to be judged or be turned in. The good news is that your attorney hears what you have to say in confidence. You don't have...

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Advantages of working with a criminal defense attorney

Facing criminal charges in New York is scary, even for someone who has been charged with a crime in the past. Criminal charges can be difficult to fight, especially if you decide to do it alone. This is never the right decision to make when your freedom is at stake. There are a number of reasons you should hire an experienced criminal defense attorney to help you. You get a clear assessment of your case One of the most important things a defense attorney can do for you is review your case, the evidence, the police report, the charges and any other mitigating circumstances and then provide...

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