Blog by David Roche, on behalf of Sivin, Miller & Roche LLP: Like every other institution and organization, the criminal courts of New York City are figuring out how to adapt and function in the drastically changed world of the Coronavirus pandemic. The criminal courts with which we have long been accustomed – with crowded courtrooms full of lawyers, court officers, clerks, and audience members – are dangerous breeding grounds for spread of the virus; and, needless to say, cramped holding pens and jail cells full of…
If someone gets behind the wheel of a car after drinking and ends up causing an accident, many people wonder if the bar that served the driver alcohol is partially responsible for the injuries and/or deaths resulting from that accident. Under New York dram shop laws, New York businesses are not allowed to serve alcohol to people who are visibly intoxicated, under the age of 21, or habitual drunkards. By violating state liquor laws, bars and restaurants can open themselves up to liability in cases involving drunk…
When a product is defective and causes injuries to yourself or others, you have every right to ask that the designer, manufacturer or seller is held responsible. For example, if you buy a bicycle from a local shop and are told it’s new, you would be shocked if the middle bars snapped from rust. You could be thrown, cut and badly injured by that kind of defect, and you would deserve the right to file a complaint and to seek compensation. No matter what kind of item…
Driving under the influence is an issue that continues to plague jurisdictions across the country, especially New York. Even if you have a clean driving and criminal record, the penalties are steep for a first-time DUI offender. You may already know about the consequences of a DUI, but if you get caught operating a vehicle while under the influence with minor passengers, you could face additional criminal charges in addition to a DUI. DUI cases that involve child passengers are more complex and can immediately change lives.…
One personal injury that is a shock to those who suffer from it is a broken hand. Broken hands can range from having a single broken bone to having several shattered bones throughout. Hand breaks usually do require a visit to the doctor or the hospital. In some cases, you may need surgery to secure the bones. In other cases, splints might be used to reduce the likelihood of further damage and movement. Hand injuries can be handicapping. There is a real potential that your hand may…
A false arrest is when a person claims that they have been held against their will without probable cause or court order. A false arrest can be a kind of police misconduct. For example, if an officer takes a person into custody only because they’re African American, then that person may claim to be a victim of a false arrest. Officers have a right to stop you and arrest you with probable cause. Police can arrest individuals without a warrant if they witness a misdemeanor or felony…
Injuries can happen anywhere, even when you go to a haunted house. Not surprisingly, Halloween is a fun time of year with lots of exciting haunted houses to go to in the Bronx and beyond. Unfortunately, they aren’t always safe. Take, for example, this case involving a mother from the Bronx who is now suing the New York Police Department after breaking her ankle in the precinct’s haunted house. It is her claim that an officer jumped out to scare her and knocked her down, leaving her…
New York is a hub of activity, and the roads often pay the price in terms of overloading and traffic. An accident is something that can sideline others aside from the crash victims. You may believe you know how to handle the aftermath of an accident. However, you need to watch out for injuries that may lurk below the surface. Familiarize yourself with these three major problems that may start as something much less. Internal bleedingA serious side effect of hitting something hard in the vehicle during…
People make mistakes. In fact, many people who are accused of crimes never planned to commit them. This is particularly true among minors. That’s why New York has been addressing the problem of having young, impressionable people in its prison system. Now, starting at the end of September, 17-year-old offenders will no longer be put through the adult criminal justice system. This is the final phase of the state’s Raise the Age legislation. To help address more serious offenses, a new Youth Part was added to the…
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