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Month: August 2020

Incarceration populations an ongoing challenge

On Behalf of | Monday Aug 31, 2020 |

For a person arrested and charged with a suspected crime or multiple crimes, the fear of being put in a jail or prison is real. This may happen regardless of whether or not the defendant is convicted as many people must spend time in jail or prison while they await trial. Even though a defendant is supposed to be considered innocent until proven guilty per the criminal justice system, the realities of today's jails and prisons may not always reflect this. Overcrowding in New York jails and prisons Data from the Prison Policy Initiative indicates that in 2018, an estimated 230,000 individuals...

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How manslaughter differs from murder

On Behalf of | Wednesday Aug 26, 2020 |

If you or someone you know has been arrested for and charged with murder or manslaughter in New York State, you may find it helpful to learn how the state defines these two crimes and what differentiates them from each other. While both murder and manslaughter involve the death of another person, some very specific details about a case may determine which offense a person is charged with. Different felony classifications As explained by the New York Senate, murder in the first degree is determined to be a Class A-I felony while manslaughter in the first degree is a Class B felony. These...

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These 3 work zone hazards affect pedestrians and workers

On Behalf of | Monday Aug 17, 2020 |

There are many kinds of accidents that can happen on construction sites, which is why people should not be on a construction site without permission. Sometimes, especially in New York, you may have to walk through an area that is under construction. Doing that, you could be exposed to many of the hazards that workers face. You could also be an independent contractor working for a company and end up suffering an injury, which then requires you to make a personal injury claim instead of workers' compensation claim. Whether you're walking through the area or work there, there are a few hazards...

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Man files civil rights lawsuit after alleged police misconduct

On Behalf of | Monday Aug 17, 2020 |

In New York and across the nation, people are increasingly emboldened to protest when they are victimized by illegal behaviors on the part of law enforcement. Even with the prevalence of cellphone cameras and other methods to record when there are civil rights violations due to police misconduct, it still happens on a regular basis. Fortunately for victims, there are alternatives to seek compensation for the mistreatment. One recent case serves as an example as to what can happen if police cross the line into illegal behavior when on a call. NYPD officers allegedly beat and arrest man after...

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Can law enforcement officers search your car without a warrant?

On Behalf of | Wednesday Aug 12, 2020 |

When you come in contact with law enforcement, you maintain certain rights in many situations. Understanding exactly what rights you have in specific places may help you avoid an unnecessarily stressful or harrowing situation. When authorities pull you over in your car, for example, your rights differ to some degree than those you have when they come to your door or stop you at a party or public event. You may be under the impression that a law enforcement official may not search your vehicle unless he or she has a warrant, but is this true? Understanding “probable cause” While authorities...

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Probable cause in a criminal defense lawsuit

On Behalf of | Tuesday Aug 4, 2020 |

The Fourth Amendment of the U.S. Constitution protects citizens from illegal search and seizure. In other words, law enforcement officers are not permitted to search someone’s personal property or arrest them without probable cause. If an officer performs an unlawful search or arrests them illegally, the charges brought against that person may be dropped. What does an officer need for a legal search and seizure? Generally, an officer requires a valid search warrant or probable cause to search any area where a person has a legitimate expectation of privacy. In order for a search warrant to be...

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