New York Civil Rights & Criminal Defense Lawyers
New York Civil Rights And Criminal Law Blog
Juvenile incarceration and Raise-the-Age: What to know
The issue of juvenile justice is one of the most difficult that courts have to face. They have to decide how to punish individuals who are not held responsible for their actions in a wide variety of situations. In the state of New York, legislation has changed the operations of juvenile incarceration in recent years. As a result of the Raise-the-Age legislation in New York, New York, a certain class of older juvenile offenders will be able to take advantage of the juvenile justice system. This new…
Understanding wrongful convictions in New York
When you’re arrested for a crime, you’re presumed innocent until proven guilty. But sometimes, the justice system doesn’t work properly. Innocent people can be convicted, and it happens more often than you might think. There are a number of reasons why wrongful convictions occur. Eyewitness mistakes Usually, when someone is convicted of a crime, it’s because there’s eyewitness testimony against them. But eyewitnesses can be wrong. Unfortunately, human memory is often fallible, and people can misidentify a suspect, especially if they’re under stress or if the perpetrator…
Section 1983 and filing a civil rights claim based on it
All New Yorkers deserve to be treated with respect. In spite of laws requiring police to be respectful even when arresting someone, violations occur. This is where Section 1983 comes in to protect people. What is Section 1983? Section 1983 is part of the Civil Rights Act of 1871, a federal law that allows people to sue if their civil rights are violated. Under local or state law, this applies when someone acting under color of law deprives a person of their civil rights. In most cases,…
Exonerated inmate pushes Challenging Wrongful Convictions Act
In the 1990s, the courts sentenced a man to 25-years-to-life for a murder he didn’t commit. The legal system denied his ten post-conviction notices. After 21 years of his sentence, the board paroled him in 2014, and the courts exonerated him in 2015. He wants to fight to protect people who plead guilty in New York, New York. The reason for the new act False arrest or false imprisonment is more common in prison than people think. Many people plead guilty to crimes they didn’t commit because…
Disturbing allegations of abuse at prison shock camps
For many who were incarcerated in New York and looking for a way of shortening their prison sentence, a shock camp program sounded like a great opportunity. In many cases, these imprisoned individuals were trying to get back to their families and loved ones, desperate to refill the gaping void that they left behind. That’s the deal that some prison inmates were offered, and it was deceptively inticing. The program was referred to as a shock camp, was said to last for six months, and was being…
Rights that you have while in prison
In the event that you’re arrested and have to spend time in jail in New York, the U.S.C Constitution grants you certain rights that you have. If you feel that you haven’t been provided those rights, then you could contact an attorney to file a claim or a complaint. Humane conditions Even though you’ve committed a crime, it doesn’t mean that you should have to live in conditions that are inhumane. As part of your prisoner’s rights, you are entitled to clean facilities, working sinks and toilets,…
Can you sue a New York police officer for false arrest?
If you have ever been falsely arrested by an officer of the law, then you know that it can be a humiliating experience. However, you have civil rights guaranteed by law, so you may be able to sue the arresting officer for a false arrest. How do you sue for a false arrest? In order to prove that an officer violated your civil rights, you must show that the officer acted with malice or reckless indifference to your civil rights. Malice means that the officer knowingly and…
Man imprisoned for 23 years for a crime he did not commit
A 23-year-long nightmare for a wrongly convicted New York man is over. With no DNA evidence, video footage, confession, phone records or fingerprints, the man was charged with murder on the basis of eyewitness testimony. For more than two decades, he sat in a prison cell for a crime he did not commit. He maintained his innocence through all those years, and after a thorough re-investigation, the Richmond County District Attorney’s office agreed. Details of the original case On April 5, 1996, a young man was gunned…
4 reasons to refuse a field sobriety test
A police officer must have a good reason to pull you over. Perhaps you made an illegal turn, you drove through a stop sign or your car’s headlight is out. In any of these cases, the officer will likely check your driver’s license and registration, give you a citation or a warning, and let you go on your way. On the other hand, if the police officer asks if you have been drinking, you have every reason to be concerned. Police do not usually ask this question…
Are police looking for you using facial recognition?
If you live in New York, you may have even more reason to wear your face mask these days. Despite growing concerns over the untrustworthiness of the technology and outcry over its misuse, law enforcement agencies continue to use facial recognition software to identify and track those suspected of committing crimes. Unfortunately, the flaws in the technology too often lead to mistakes, wrongful arrests and violations of civil rights. Many cities in other states have banned the use of facial recognition, and others have placed restrictions of…
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