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November 8, 2018
The US Opioid Crisis: Current Federal and State Legal Issues.

By Michael H. Joseph

Drug overdose deaths involving prescription opioid pain relievers have increased dramatically since 1999. Concerted federal and state efforts have been made to curb this epidemic. In 2011, the White House released an interagency strategy for Responding to America’s Prescription Drug Crisis. Enacting this strategy, federal agencies have worked with states to educate providers, pharmacists, patients, parents, and youth about the dangers of prescription drug abuse and the need for proper prescribing, dispensing, use, and disposal; to implement effective prescription drug monitoring programs; to facilitate proper medication disposal through prescription take-back initiatives; and to support aggressive enforcement to address doctor shopping and… Read More

November 8, 2018
Suit Alleges Manhattan DA Is Hiding List of Police Officers With Compromised Credibility

By Michael H. Joseph

The Manhattan District Attorney’s Office is keeping a list of police officers who have credibility problems as witnesses on the stand but is refusing to make it public, an attorney alleges in a challenge to the DA’s refusal to provide the list under the Freedom of Information Law (FOIL). Criminal defense attorneys are absolutely entitle to discover when the main witness in a criminal action has a credibility issue. This is a well established right under the confrontation clause because when a person is charged with a crime, they have the right to confront their accuser. In a suit filed in Manhattan… Read More

November 8, 2018
Federal Judge Halts Family Deportations For Now

By Michael H. Joseph

With a wave of aggressive deporation activity by the Federal Government, Courts are beginning to strictly enforce Due Process rights and some Immigration Court Judges have begun to dismiss cases where the proper steps were not followed and when mmigration authorities have been found to skip steps in the process of deporting people, the Courts have strated to deny deportation requests. Courts have noticed that often, when Immigration Customes and Enforcement served notices to appear in court, they routinely left the court date blank. Because of that omission and a recent Supreme Court decision, tens of thousands of deportation cases… Read More

September 7, 2018
Supreme Court ruling requiring warrant for cellphone searches could lead to a flood of lawsuits

By Michael H. Joseph

Carpenter v. United States is one of many cases involving the privacy of your cell phone data. In this case, police were able to obtain location data from a suspect’s wireless provider using the lower standards of the Stored Communications Act (SCA) without the finding of “probable cause” required to issue a search warrant. The debate over what constitutes a reasonable expectation of privacy is shifting because today’s technology can tie so much sensitive data together. On June 22, 2018, the Supreme Court ruled  in a 5-4 that the historical cell phone location data used to convict Timothy Carpenter of… Read More

September 7, 2018
NYC Sanctioned for Not Turning Over Interview With Alleged Victim

By Michael H. Joseph

Our New York City criminal defense and police misconduct lawyers routinely engage in discovery disputes and fight the efforts of various municipalities who try to stonewall our attroneys from getting information, which helps our cases. New York City has been hit with sanctions for failing to turn over evidence related to a civil lawsuit alleging several police officers used excessive force during a 2014 arrest. On June 28, 2018, U.S. District Judge Kiyo Matsumoto of the Eastern District of New York granted plaintiff Allen Brown’s motion seeking sanctions after the city failed to timely turn over an audio recording taken… Read More

September 7, 2018
Pizza Delivery Man Detained by ICE Is Freed by Judge

By Michael H. Joseph

The New York news media brought to light the story of a hard working pizza delivery man who was detained for delivering a pizza to an army base, at their request. The plight of a worker who shows up to work to do honest work and suddenly finds themselves in deportation proceedings. Villavicencio, an Ecuadorean immigrant  who was held for deportation after delivering pizza to a Brooklyn Army installation walked out of an immigration detention center house hours on July 24,2018 after U.S. District Judge Paul Crotty ordered his immediate release.   The decision came from a Judge, who was the… Read More

September 7, 2018
Business immigration strengthens nation’s economy

By Michael H. Joseph

Some of the nation’s top business leaders have made it clear that they believe business immigration strengthens individual enterprises and the economy as a whole. Our New York immigration attorneys support continued immigration and recognize that the current labor shortage means that businesses need immigrants to meet their labor demands. There has been a strong support for permitting more immigration as per the recent survey conducted by the Chicago Council on Global Affairs, a panel of 500 business leaders answered questions regarding their stance on immigration reform issues. More than three out of four respondents – 77 percent – agreed that it… Read More

September 7, 2018
New York has New Rules for Identifications in Criminal Cases

By Michael H. Joseph

Witness tampering, coaching  and suggestive  photo arrays by police officers and detectives in New York has become a major problem and a contributing cause to several wrongful convictions in New York. The New York  legislature has taken steps in an attempt to combat this problem. Too often, when detectives have  a suspect in mind, they can say things and give hints who the suspect is. In one recent case, that our office handled, a detective told a witness who said a suspect looked familiar, told the witness, that is right, that’s who did it. Our Westchester criminal defense lawyers have… Read More

June 29, 2018
U.S. launching office to track down Citizenship Cheaters

By Michael H. Joseph

The U.S. government agency that oversees immigration applications is launching an office that will focus on identifying Americans who are suspected of cheating to get their citizenship and seek to strip them of it.  U.S. Citizenship and Immigration Services (“USCIS”) Director L. Francis Cissna told The Associated Press in an interview that his agency is hiring several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization. Cissna said the cases would be referred to the Department of Justice, whose attorneys could then seek to remove… Read More

June 29, 2018
Employment-Based Immigration News Update in June 2018

By Michael H. Joseph

What are our Westchester Immigration Attorneys reviews/highlights for the immigration news in June 2018? USCIS Publishes Report on FY17 H1B Petition Filings The U.S. Citizenship and Immigration Services (USCIS) has published the annual report for fiscal year (FY) 2017 that details characteristics of H1B Petitions. FY17 ran from October 1, 2016 through September 30, 2017. The report provides data related to H1B Petitions filed during FY17, including the number of petitions filed and the number of approvals issued. The report indicates that there were 403,675 H1B petitions filed in FY17, which increased by 1.24 percent from FY16.  Interestingly, the report… Read More

 
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