New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
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…
Justice delayed is not justice denied
While it won’t make up for the many years lost in a New York maximum security prison, the $26 million settlement acknowledges the woeful injustice that was imposed upon two innocent men. When civil rights leader Malcolm X was killed, three men were convicted and sentenced to in 1966. Two of the men denied these charges, while one admitted to his role in the murder. The two defendants maintained their innocence and were, based upon the uncovering of evidence, exonerated of murder charges in 2021. Miscarriages of…
Police misconduct is a leading cause of wrongful convictions
Police misconduct is a leading cause of wrongful convictions in New York and across the country, according to a 2020 study. The research was conducted by the National Registry of Exonerations, a project that collects data on wrongful convictions to prevent future cases of injustice. Police misconduct For the study, researchers analyzed 2,400 convictions of defendants who were later exonerated over a period of three decades. They found that 35% of cases involved some sort of police misconduct, such as falsifying evidence, witness tampering or violent interrogations.…
Tax avoidance versus tax evasion: Is there a difference?
New York residents may not know that tax avoidance is legal and tax evasion is illegal. Whether you pay taxes as an individual or a business owner, the Internal Revenue Code permits you to avoid paying some taxes by following specific practices. For instance, the tax code allows companies deductions to mitigate the cost of operating a business. You as an individual are also permitted to set up 401(k) plans for employees so that you can delay paying taxes until a future date. Tax avoidance loopholes exist…
Who commits different types of Section 8 fraud
Section 8 is the program administered at the federal level by the U.S. Department of Housing and Urban Development. The program pays all or some of the rent for low-income people. This is a massive program that landlords rely on for income and tenants need for housing. With so much money on the table, the temptation to commit fraud can strike landlords, administrators or tenants. Bribery, false billing and side payments A property owner or administrator for Section 8 housing holds a position of power over people…
What are hate crimes, and how are they punished?
New York federal law enforcement officials take hate crimes seriously. A person who faces charges needs immediate help with their case as hate crimes are considered federal offenses and carry serious consequences. Understanding hate crimes Hate crimes are motivated by bias against a specific group of people who are considered protected. Crimes perpetrated against anyone for certain characteristics or perceived characteristics such as race, color, religion, gender, sexual orientation, disability or national origin are not taken lightly. As such, a person who commits a hate crime can…
Your rights while in prison
After being arrested and taken to jail in New York, you might think that you will have the bare minimum of supplies and poor conditions to get you through. However, there are certain rights that you have as an inmate so that you feel safe and so that you are as healthy as possible while awaiting trial or until your release date. Humane conditions One right that inmates have is humane conditions. You also have the right to not be treated as though you’re guilty before you…
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