New York Civil Rights & Criminal Defense Lawyers
Prisoner’s Rights
Can You Sue if Someone Dies in Jail?
When a loved one is incarcerated, their safety and well-being become a constant concern for family members. The tragic reality is that deaths in custody do occur, often under circumstances that raise serious questions about the care and treatment of inmates. For those left behind, the pain of loss is compounded by confusion about their legal rights and options. This blog post explores a critical question: Can you sue if someone dies while in jail? As experienced civil rights attorneys handling police misconduct and prisoner rights cases,…
Mental health challenges of recently released prisoners
The process of reintegration into society can be overwhelming for those who have recently been released from a New York prison. Along with the logistical and practical challenges of finding a job and securing housing, they often face significant mental health challenges as well. Sense of isolation One of the most significant mental health challenges facing recently released prisoners is the sense of isolation and alienation that they often experience. After spending months or years in prison, they may feel disconnected from their families, friends and communities.…
What happens when a pregnant prisoner is shackled?
Although it has been established that it is inhumane and dangerous to shackle a pregnant woman or girl, it is still a routine practice in U.S. jails, prisons and youth detention centers. New York is one of the few states with legislation against this degrading and hazardous practice. Added risk for the mother and fetus If a pregnant prisoner is restrained at any point, there’s a greater chance that she’ll accidentally fall or trip. This presents a danger both to the pregnant woman and her fetus and…
New York exoneration bill stalls in the State Senate
According to the National Registry of Convictions, more than 3,000 of the people exonerated since 1989 pleaded guilty to the charges against them even though they were innocent to avoid what prosecutors call the “trial penalty.” New York has one of the highest wrongful conviction rates in the country, but few of the innocent people incarcerated in the Empire State are ever exonerated and released. This is because the current laws in New York only allows people who plead guilty to seek exoneration when DNA evidence emerges…
Compensation for wrongful convictions
Being wrongfully convicted of a crime in New York can have a devastating impact on a person’s life. The trauma of being falsely accused, the stress of going through a trial, and the loss of freedom can all affect a person’s physical, emotional, and financial well-being. For those who have been wrongfully convicted, compensation can be a vital step in rebuilding their lives. However, the process of obtaining compensation can be complex, and the amount of compensation varies depending on the jurisdiction and the specific circumstances of…
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…
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…
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…
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…
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…
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