New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
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…
5 Common Types of Cyber Crime
You likely are aware of what cybercrime means in general. Did you know there are different types of cybercrimes? They fall under individual, property, and government categories, and are increasingly common in New York. Botnets Networks from compromised computers that remote hackers externally control are called botnets. These hackers take control and will often attack other computers in the network or send spam. Botnets may act as malware to perform harmful tasks. DDoS Attacks This attack is used to disable the availability of an online service and…
The basics of malicious prosecution and civil rights
If you believe that you have been the victim of malicious prosecution in terms of your civil rights, there are several ways that you can seek remedy in New York. Proving malice One way to seek remedy is by filing a lawsuit against the individual or entity that is alleged to have wrongfully initiated the prosecution. In this lawsuit, you must prove that the prosecution was pursued without probable cause and with malice. If you can prove this, the individual or entity could be liable for damages.…
Compensation for wrongful convictions
Being wrongfully convicted of a crime in New York can have a devastating impact on a person’s life. The trauma of being falsely accused, the stress of going through a trial, and the loss of freedom can all affect a person’s physical, emotional, and financial well-being. For those who have been wrongfully convicted, compensation can be a vital step in rebuilding their lives. However, the process of obtaining compensation can be complex, and the amount of compensation varies depending on the jurisdiction and the specific circumstances of…
Can prisoners in New York receive Social Security benefits?
Prisoners in the US aren’t able to collect Social Security benefits until they are out of prison. The No Social Security Benefits for Prisoners Act of 2009 is the legislation that made prisoners as well as those who violate parole ineligible for Social Security. Prisoner’s rights Prisoners have rights in the US, such as freedom from cruel and unusual punishment. They also have the right to medical care, freedom of speech and freedom of religion. Prisoner’s rights don’t include Social Security payments. Retroactive benefits The No Social…
How drugs can complicate DWI charges
Driving while intoxicated, or DWI charges in New York, typically refer to getting behind the wheel with a blood alcohol level over the legal limit. However, DWI can also refer to many substances that can impair your ability to operate a motor vehicle. Driving under the influence of drugs, including prescription drugs, can result in DWI charges. Measuring drug impairment While all 50 states have a definitive standard for DWI charges when alcohol is involved, that is not so when it comes to drugs. Various drugs have…
Lack of mental health treatment for prisoners is unconstitutional
The lack of mental health treatment in New York prisons has been described as “cruel and unusual punishment.” A 2017 report by the Department of Justice found that mentally ill prisoners are more likely to be held in solitary confinement and they are likely to be victimized by other prisoners and prison staff. Inadequate mental health treatment in prisons The shortage of mental health treatment to meet the need of prisoner’s rights is a human rights issue. It is universally considered to be inhumane to detain people…
The signs of racial profiling in New York
Police racial profiling is a controversial topic, with both advocates for and against the practice. There is no universally accepted definition of racial profiling, but it does seem to refer to any action taken by law enforcement that disproportionately affects an individual’s race. Sometimes, this can result in an individual being stopped or searched in New York City because they are minorities. In other cases, it can be due to more general policing practices targeting one race over another. Here are a few potential signs: 1. Open…
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