The fourth amendment protects citizens from unlawful search and seizure. This means that government officials and police cannot search your belongings without certain conditions. It is essential to understand how this amendment protects your rights, and what...
Facing federal charges can be intimidating, but it is a myth that they are always more serious than state or local charges. Federal charges and sentences can be much more severe than those at the state or local level, but the opposite can also be true. Both New York...
A person serving a prison sentence has the right to do so in humane conditions and free from abuse. However, in New York prisons, this is not always the case. Instances of physical force throughout the prison system seem to rise over the years. Excessive force is a...
While it is true that law enforcement officers have significant latitude to discharge their duties, they sometimes overstep their authority. Victims of potential law enforcement misconduct may rely on Section 1983, a statute that addresses the protection of their...
The role of the police is to protect and serve citizens. While many officers take their role seriously, many others do not. Too often law enforcement oversteps their boundaries, which leads to civil rights violations, injuries and loss of life. As explained by the...
In New York, people like you who end up incarcerated within the system are not fully stripped of all rights. While it is true that incarcerated individuals suffer from a loss of many rights, you still have certain protections. Acts and laws like the Civil Rights of...
Having a loved one die in prison is a heart-wrenching experience. The harsh realities and administrative hurdles of the prison system only compound ordinary feelings of grief. In some cases, family members attempt to learn the circumstances surrounding the inmate’s...
Many individuals are unaware that they may qualify for criminal record sealing. With this process, New York prevents access to records about eligible convictions, allowing former offenders to pass background checks and qualify for school and work opportunities. ...
As a resident of New York, you have rights that protect you from the misconduct of police officers. But police misconduct covers a wide variety of potential behaviors, actions and situations. Thus, it is important for you to understand what police misconduct is. This...
Written by Brendan Gilmartin, Legal Intern at Sivin, Miller & Roche, LLP The ongoing global pandemic and social distancing guidelines have caused trials to be adjourned across the entire United States, but especially so in New York, a state hit hard by the...