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Category: Civil Rights and Police Misconduct

May 14, 2019
NY Court of Appeals Set to Eye Alleged Withholding of Evidence in Murder Trial

By Michael H. Joseph

The New York Court of Appeals, the state’s highest court will hear arguments on whether a Brooklyn man convicted more than a decade ago of murdering a New Jersey college student, should be granted a new trial based on arguments that prosecutors withheld evidence. Our New York City malicious prosecution and police misconduct lawyers, know how unfair the criminal system can be to those accused of a crime and when prosecutors withhold evidence, that causes an injustice in an already flawed system. Attorneys for convicted man, have argued and continued to argue in a brief to the state Court of… Read More

May 4, 2019
New Law Allowing Reduction in Drug Sentences

By Michael H. Joseph

For years our New York City Criminal defense attorneys have known that the federal drug laws have draconian and excessive sentences. If a loved one is serving a long Federal sentence for a drug crime involving crack cocaine in New York, a new law may help get them out sooner. On April 22, 2019 a federal judge in Brooklyn became one of the first in the country on to use a new federal law to order the immediate release of a man who served more than a decade in prison for his role in a drug trafficking conspiracy. In this… Read More

April 6, 2019
Lawmakers to limit Civil Asset Forfeiture in NY Budget Proposal

By Michael H. Joseph

Contrary to the belief of most New York City Police officers it is not illegal to possess thousands of dolllars in cash and merely having cash does not mean that the person is engaged in criminal activity. Too often police have just taken the cash of innocent people and then those people who have had their money seized by the government have to jump through cumbersome hurdles to get their money back. Our New York City civil forfeiture Attorneys know that this is fundamentally unfair. To stop some of the abuses by law enforcement, there are three major proposals to… Read More

January 26, 2019
Police Officers must establish Particularized Suspicion before Plaintiff’s arrest and strip search

By Michael H. Joseph

Our New York City civil rights lawyers have handled cases where the police have wrongfully strip searches citizens.  All too often police in New York City abuse their authority and strip search arrestees based on flimsy justifications, sometimes just to humiliate the person who was arrested.  Too many police believe they can strip search anyone who is arrested for drugs. Our New York City  false arrest lawyers know that the Fourth Amendment prohibits ‘unreasonable’ searches and seizures, consequently, strip searches of arrestees charged with misdemeanors or other minor offenses violate the Fourth Amendment unless, based on the crime charged and… Read More

April 28, 2018
Arguments to Establish Identity Theft

By Michael H. Joseph

On March 22, 2018, the State’s Court of Appeals heard arguments on pair of cases concerning what evidence is necessary to establish identity theft.  It was argued that ‘assuming someone’s identity is a separate element that needs to be established in order to prove the crime of identity theft under the law. In People v. Roberts, the  New York Appellate Division, First Department in 2016 reversed an identity theft conviction against Kerri Roberts for insufficient evidence. Roberts was arrested after he attempted to use a forged credit card in 2011.  The card Roberts used had a valid account number but… Read More

April 28, 2018
Star Power does not Entitle Free Pass

By Michael H. Joseph

On March 28, 2018, DMX, the rapper also known as Earl Simmons, was sentenced to one-year prison term and $2.2 million in restitution for tax evasion along with three years of supervised release by the United States District Court. Attorneys who handle federal criminal defense cases in New York know how severe federal criminal penalties can be and even celebrities can fall into the sites of the Federal Government. Simmons, 47, was convicted of not paying $1.7 million in taxes between 2002 and 2005. Simmons pleaded not guilty after he was arrested. Simmons defense team relied upon the defense that the… Read More

January 26, 2017
This Month’s Personal Injury Wrap Up- January 2017

By Michael H. Joseph

Our New York City police brutality lawyers have handled numerous cases for inmates who were mistreated at Rikers Islands and suffered injuries, both by guards and other inmates. While cover ups and fabricated stories to justify guards behaviors are common place, Court papers this week exposed a new low.City investigators who were investigating an inmate’s sexual assault allegations on Rikers Island lost track of key biological evidence for four days before it surfaced with signs of tampering. The inmate claims a Rikers correction officer sexually abused her in May 2013 by forcing her to perform oral sex on him and says… Read More

January 21, 2017
An Eye Opening Investigation Into Chicago’s Police Department

By Michael H. Joseph

There is no question that the relationship between the community and police has deteriorated as a result of recent use of force cases.  Our New York police brutality lawyers know that whether the use of deadly force is deemed justified or unjustified, the gap between police and public seems to grow. Too often cases which are rules justified, really did cross the line and the failure to punish heavy handed officers sends the message that they are above the law and will not be punished, which in turn leads to more excessive force.  In Chicago, multiple excessive force complaints, coupled… Read More

October 24, 2014
Liability For Inmate Attacks Under New York Law

By Michael H. Joseph

A common question which our New York City police misconduct attorneys hear is when can a state prison such as downstate or Sing, Sing, Fishkill or a local correctional facility like the Westchester County jail or Rikers Island in New York City be held liable for personal injuries cased when one inmate assaults another. Another common question our Westchester police misconduct attorneys hear is what do I have to do to sue for an injury I got from an assault in jail. Technically, the prisons or correctional facilities are divisions of either the State or the local municipalities. For example,… Read More

October 23, 2014
Police Department Fails To Convince Judge That The So-Called “Self-Critical Analysis Privilege” Applies To An Internal Report, Highlighting The Pitfalls Of The Controversial Privilege

By Michael H. Joseph

Our White Plains civil rights lawyers keep on top of developments in the law concerning lawsuits against the government. The killing of Kenneth Chamberlain, Sr., occurred on November 19, 2011, in White Plains, New York. He was a 68-year-old African American, a former Marine and a 20-year veteran of the Westchester County Department of Corrections. After his Life Aid medical alert necklace was inadvertently triggered, White Plains police officers arrived at his home and demanded to be let in. Chamberlain, who wore the necklace for his chronic heart problem, tried to explain that he did not need help, and he… Read More

 
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