New York Civil Rights And Criminal Defense Lawyers

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Sivin, Miller & Roche, LLP delivers justice despite delays due to ongoing pandemic

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 pandemic early in 2020. While the need to abide by social distancing guidelines to save lives and reduce strain on vital healthcare resources is of utmost importance, delaying trials can pose special difficulties for plaintiffs-side trial lawyers who are often reliant on witness memories from many years prior. Nonetheless, the legal...

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Addressing civil rights violations in prisons

New York City and state prisons have been the subject of significant accusations regarding civil rights violations. While they are serving time as a penalty for criminal actions, prisoners deserve human dignity and respect. These are some of the key initiatives of the Prisoners' Rights Project, a nonprofit advocate of humane prison conditions in New York and worldwide. Access to medical care Prisoners have the right to comprehensive mental and physical health care. New state laws passed in recent years ensure that incarcerated individuals who have HIV will receive the care they need to...

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What is white collar crime?

White collar crime is a term that generally applies to a crime that is of a financial nature. The FBI explains that it is generally fraud committed against the government or businesses. It typically will involve money.  The term comes from the fact that these crimes usually have offenders who are quite different from your typical criminal offender.  About white collar offenders Many people who commit white collar crimes have no former criminal history. They are often financially well off. Many hold important positions in the organization or business against which they commit the crime.  The...

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What you should know about police and excessive force

Civil rights cases in New York City occur across a wide range of circumstances, including when law enforcement officers use excessive force.  You should understand your rights if you become involved in a situation in which you are a victim of excessive force. Read on for some basic information about what constitutes excessive force, who is most likely to become a victim of excessive force and how you can assert your rights if you or someone you know is a victim. Excessive force explained Excessive force - when an officer uses more force than is reasonably necessary for the...

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What is false imprisonment?

When you think of the term “false imprisonment” in New York or anywhere else, probably the first thing that comes to your mind is misconduct by law enforcement officials. While you are right that false arrest and imprisonment are one way in which police officers can exceed their authority, it may surprise you to know that false imprisonment also can occur between and among civilians. At its core, false imprisonment means that someone unlawfully confines you against your will. It could be a law enforcement officer, someone posing as one, a security guard or a civilian. While...

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FAQs about malicious prosecution

Unfortunately, the criminal justice system is not always just. Sometimes criminal charges are malicious. Did the police arrest you without probable cause? Is the prosecutor filing false charges against you? If so, you may be able to file a malicious prosecution lawsuit. An unjust criminal charge may be devastating for you if you are innocent. But what exactly does a lawsuit for malicious prosecution look like? What basis do you need to sue? Find out below. What constitutes malicious prosecution? The prosecution you are facing may be malicious if: There is a criminal case against...

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3 examples of racial profiling

Racial profiling is a despicable act where people in positions of power suspect someone has committed a crime based on the color of his or her skin. This behavior runs rampant in today's society. Here are three common examples of racial profiling. 1. Stop-and-frisk The main problem with New York's stop-and-frisk policy is that it disproportionately impacts people of color. This practice takes place in many more states where the police have no other reason to pull a person over and stop a person walking down a street. The officers then conduct a frisk to see if there are any illegal...

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What to do if you witness police brutality

It is an unfortunate reality that the police often get away with exercising excessive force without facing any punishments. In one recent development, for example, a police officer beat a man excessively outside of a bar even when the man was on the ground. The officer was recently acquitted of all charges.  You hope you will never become a victim of police brutality, but what happens when you witness it while walking down the street? Many people are unsure what course of action to take. They are also afraid of becoming embroiled in someone else's legal battle. If you witness this...

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Why power can go to some guards’ heads

Jails and prisons are filled with stories of guards and corrections officers who abuse their power. Sometimes, the guards can be quite obvious about it, beating prisoners and holding them in solitary confinement. Other times, the abuse of power takes the form of throwing food on the floor or using tear gas to force a prisoner to leave his or her cell. In any case, such abuse is not right. Asking the question, "Why does power go to guards' heads?" sheds some light on the issue. Is it the guards themselves? The sorts of people who are attracted to working in jails and prisons...

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5 examples of racism in the U.S. criminal justice system

It seems like a new and disturbing instance of police misconduct or unfair prosecution is in the headlines every week. All these newsworthy examples of mistreatment against people of color by the criminal justice system show how serious this problem is.  Racism is unfortunately prevalent in the U.S. legal system. Read below for some troubling ways that Latino and African-American people experience discrimination by law enforcement and the courts. 1. Police stops According to the Huffington Post, 80 percent of stops by the NYPD target the black and Latino...

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