In the realm of law, malicious prosecution is a term that strikes fear into the hearts of many. It involves the misuse of legal proceedings without probable cause, often resulting in severe financial and emotional consequences for the innocent party involved. Understanding what malicious prosecution entails and how to protect yourself against it is crucial in today's legal landscape. What is a False Arrest? False arrest occurs when an individual is detained or arrested without legal justification. This wrongful action can be committed by law enforcement officers…
In recent years, the issue of excessive police use of force has garnered significant attention in the media and the public eye. Understanding what constitutes excessive force is essential for both citizens and law enforcement officers to ensure accountability and uphold the rule of law. This blog aims to shed light on the definition of excessive force, the legal standards that govern it, and the recourse available to victims of such misconduct. What is Excessive Use of Force By Police? Excessive use of force by police occurs…
Racial profiling by police is a pervasive and deeply troubling issue that undermines the principles of justice and equality. It involves law enforcement officers disproportionately targeting individuals based on race, ethnicity, or national origin, rather than on evidence of criminal activity. This practice not only fosters distrust between communities and law enforcement but also perpetuates racial discrimination and social inequality. For many minority communities, the fear and reality of being unfairly singled out by police are part of their daily lives, highlighting the urgent need for awareness,…
No win, no fee arrangements can be a lifeline for those in need of legal assistance but are concerned about the financial implications. At Sivin, Miller & Roche LLP, we strive to provide clarity and transparency on how this process works to ensure that our clients can access the legal representation they deserve without the added stress of financial burden. Let's delve into how the no win, no fee model operates and how it can benefit you. What Is a No Win, No Fee (Contingency Fee)? A…
Civil rights are fundamental in ensuring fair treatment and legal protection against discrimination for every individual. However, recognizing when these rights have been violated can be challenging. At Sivin, Miller & Roche, LLP, we believe in empowering our clients and readers with the knowledge to identify potential civil rights violations. Here's a guide to help you understand if your civil rights may have been compromised. If you believe your civil rights have been violated, contact our experienced civil rights lawyers today. What Are Civil Rights? Civil rights…
Navigating the intricate landscape of civil rights and criminal defense requires experience, passion, and an unwavering commitment to justice. At Sivin, Miller & Roche LLP, a premier New York law firm, we are dedicated to these principles, ensuring that every individual we represent is afforded the rights and liberties they are entitled to. In this blog post, we explore the pivotal role of a civil rights lawyer, drawing insights from our extensive experience in the field. What is a Civil Rights Lawyer? A NYC Civil Rights Lawyer…
When you get hurt because of a police shooting and there is no reason to think you are a serious threat, it is called unjustified deadly force. Law enforcement officers may only use such force when faced with a genuine and immediate threat. This threat must pose a significant danger to their own safety or the safety of others. In these situations, you or your family can legally ask for compensation to make up for the harm and losses you suffered. Legal avenues for victims There are…
Emerging technologies such as aerial drones with facial recognition software and gunshot detection systems have revolutionized law enforcement in New York over the past few years. They can help keep track of fleeing suspects, observe protesters and access areas that would be impossible for police officers to reach. However, growing concerns exist about how they may undermine citizens’ civil rights. Understanding your civil rights The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This means that law enforcement must have probable…
The killing of George Floyd by a police officer in 2020 sparked a wave of racial injustice protests across America. Many people took part in these demonstrations to speak against the brutal actions of police officers. In response, cities deployed law enforcement to quell these protests. But some of these officers engaged in the very violence denounced by the protests through unlawful arrests and beatings. However, justice was served last week when New York City agreed to pay over $13 million to settle a civil rights class…
Getting arrested is a frightening experience, but getting detained for no reason is aggravating. Even though humanity has advanced in many ways, there are still occasions when police arrest someone based on their appearance. A person may be able to sue for wrongful arrest if law enforcement restrains them without probable cause. When does wrongful arrest happen? Police cannot arrest you on mere suspicion. They must first have a warrant or probable cause, at the very least, to make an arrest. Probable cause is sufficient evidence that…
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