New York Civil Rights & Criminal Defense Lawyers
Criminal Defense
How Does No Win, No Fee Work With Lawyers?
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…
The drawbacks of forensic evidence
Forensic evidence plays a crucial role in New York criminal investigations, often determining guilt or innocence. However, the inherent flaws and potential biases that come with certain types of forensic evidence, from the misuse of techniques to issues surrounding subjective interpretation, can have far-reaching consequences on the criminal justice system. Subjectivity in analysis Fields such as fingerprint identification, bite mark analysis and hair microscopy heavily rely on the interpretation of individual examiners, leaving room for human error and bias. Experts may differ in their conclusions when presented…
The pitfalls of plea bargains: factors to consider
Sometimes, based on assessments made on a case-by-case basis, plea bargains make good legal sense for defendants in New York criminal courts. But taking a plea bargain deal is not always in a defendant’s best interests. Here, we’ll discuss some of the pitfalls of plea bargains and factors that defendants should consider before making a decision. What are plea bargains and why are they important? Plea bargains are among the many tools a criminal defense team has to produce the best result for their clients. A plea…
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…
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…
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…
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…
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