New York Civil Rights And Criminal Defense Lawyers

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How manslaughter differs from murder

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

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

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?

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

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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Law enforcement misdeeds led to many wrongful convictions

New Yorkers who are alleged to have committed crimes and are placed under arrest might be under the impression that the justice system will work in their favor with fairness. If they did not do what they are accused of, it is easy to think that they will be cleared of the charges and can move on with their lives. Unfortunately, that is not the case for a troubling number of people. Those who have been wrongfully convicted of a crime and punished for it should be aware of their rights to seek compensation. Recent review shows how a spate of wrongful convictions happened Recently, the Brooklyn...

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Prisoner rights and taking action after they are violated

Individuals in New York and states across the nation are focused on their rights now more than ever. This goes beyond the basic rights of every citizen but also the issues that plague vulnerable populations. Whether this is minorities, women or the disabled, being mistreated and being denied certain rights is against the law. In these matters, individuals could take action for a civil rights violation. When it comes to these types of violations, many think of the citizens within the community. However, these rights still extend to those not immersed in society. In other words, rights are...

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If you face drug charges, protect yourself with a good defense

As someone who has been accused of a drug crime, it's important for you to build a defense. Whether you were selling drugs or were simply caught up in a sting accidentally, it's vital that you protect your own best interests. In New York, you can face serious penalties for even being in possession of drugs. Offenses can be harshly penalized with time in jail, heavy fines or other punishments. To obtain a conviction, the prosecution has to: Show that you were in possession of a controlled substance Show that your possession of that controlled substance was unlawful Prove that you knowingly...

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Steel workers: Beware of working in this hazardous field

Working in construction, you sometimes participate in steel erection work. This is one of the top 10 most hazardous occupations known to the United States Department of Labor. In this field, you should know that you have specific rights. Workers have a right to be able to: Work in conditions that don't post a risk of serious harm File a complaint with the Occupational Safety and Health Administration (OSHA) if they believe that a serious hazard is present in their workplace or that their employer is not following the rules set up by the OSHA. Exercise their rights without the risk of...

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Rivera’s Implications: Examination of an Open Case

Written by Kate Belsito, Legal Intern at Sivin, Miller & Roche, LLP In November 2019, the New York State Court of Appeals handed down its decision in Rivera v. State of New York, effectively setting forth a major hurdle for recovery under the theory of respondeat superior liability: the decision’s “so egregious” standard. In its 4-3 decision, the Court concluded that the actions of three corrections officers—actions which resulted in permanent and serious injuries to an inmate—fell outside the scope of their employment, thus shielding New York State from liability. The majority reached...

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