New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
Mental health challenges of recently released prisoners
The process of reintegration into society can be overwhelming for those who have recently been released from a New York prison. Along with the logistical and practical challenges of finding a job and securing housing, they often face significant mental health challenges as well. Sense of isolation One of the most significant mental health challenges facing recently released prisoners is the sense of isolation and alienation that they often experience. After spending months or years in prison, they may feel disconnected from their families, friends and communities.…
Understanding police brutality in New York
New York has a difficult history when it comes to police misconduct. Although there has been some progress in the relationship between police and community members, many issues still need to be resolved. What is police brutality? Police brutality could be defined as unlawfully using excessive force or violating a citizen’s civil rights when dealing with the public. Under New York law, this includes activities like: Causing physical or psychological harm Tampering with or mishandling evidence Using coercion False imprisonment or arrest Falsifying police reports Sexual misconduct…
Are NYC’s aggressive defense tactics enabling police brutality?
New York City spent approximately $121 million to settle police misconduct cases in 2022, and between $4 million and $6 million of that money was paid to 300 people who were boxed in and violently arrested while protesting in the Bronx in 2020. The amount the city is paying to police misconduct victims has raised questions about the way these cases are being handled by the Law Department’s Special Federal Litigation Department. The Law Department is tasked with defending the city and all of its agencies, but…
Can we train the police to avoid violence?
According to a report published by Mapping Police Violence, 1,123 died at the hands of the police in 2022. That number forces residents of New York to ask themselves several hard questions, including the viability of changing the way police officers receive training. Is there a way to train police officers to turn away from violence? Current police training As things currently stand, the United States offers no uniform training model for police departments across the nation. Based on national averages, officers receive around three months of…
Court rules that warning about police activity is free speech
A federal appeals court has ruled that warning others about police activity is a form of speech and protected by the First Amendment. The civil rights case involved a Connecticut man who was arrested in 2018 for holding up a sign that warned motorists about a nearby police checkpoint. The misdemeanor interference charge against the man was later dropped. The U.S. Court of Appeals for the Second Circuit ruled that the man’s arrest and the confiscation of his sign and cellphone violated rights protected by the First…
The pitfalls of plea bargains: factors to consider
Sometimes, based on assessments made on a case-by-case basis, plea bargains make good legal sense for defendants in New York criminal courts. But taking a plea bargain deal is not always in a defendant’s best interests. Here, we’ll discuss some of the pitfalls of plea bargains and factors that defendants should consider before making a decision. What are plea bargains and why are they important? Plea bargains are among the many tools a criminal defense team has to produce the best result for their clients. A plea…
The cost of police misconduct and lack of accountability
Police misconduct has been a pressing issue in New York, with cases ranging from excessive use of force to racial profiling and even sexual assault. While these incidents can devastate the victims and their families, they also have a hefty price tag for cities and taxpayers. Police misconduct costs cities millions of dollars yearly in legal fees, settlements and judgments. Legal fees One of the primary costs of police misconduct is legal fees. When a citizen files a lawsuit against the police department, the city is responsible…
What happens when a pregnant prisoner is shackled?
Although it has been established that it is inhumane and dangerous to shackle a pregnant woman or girl, it is still a routine practice in U.S. jails, prisons and youth detention centers. New York is one of the few states with legislation against this degrading and hazardous practice. Added risk for the mother and fetus If a pregnant prisoner is restrained at any point, there’s a greater chance that she’ll accidentally fall or trip. This presents a danger both to the pregnant woman and her fetus and…
New York exoneration bill stalls in the State Senate
According to the National Registry of Convictions, more than 3,000 of the people exonerated since 1989 pleaded guilty to the charges against them even though they were innocent to avoid what prosecutors call the “trial penalty.” New York has one of the highest wrongful conviction rates in the country, but few of the innocent people incarcerated in the Empire State are ever exonerated and released. This is because the current laws in New York only allows people who plead guilty to seek exoneration when DNA evidence emerges…
Congress passes bipartisan police reform bill
The New York City Police Department has been involved in more than its fair share of brutality and excessive force scandals over the years, but none of them prompted the same kind of national outrage as the killing of George Floyd by a Minneapolis police officer in May 2020. That incident sparked a nationwide wave of protests, and it also gave lawmakers the political capital they needed to push a police reform bill through a divided Congress. De-escalation training The bipartisan bill was passed by the House…
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