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March 16, 2019
Supreme Court again takes no action on DACA, leaving policy in effect for now

By Michael H. Joseph

On February 18, 2019, the Supreme Court once again did not act on the Trump administration’s effort to end the Deferred Action for Childhood Arrivals program, leaving protections for nearly 700,000 undocumented immigrants who came to the US as children in place for at least the next several months.  The court’s inaction is a loss for the Trump administration that had asked for the justices to take up the issue this fall and comes as the President has tried to exchange protections in exchange for a border wall. Some Supreme Court Analyst and Professors were quoted saying that ‘the justices’… Read More

February 16, 2019
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 for tax evasion along with three years of supervised release.  U.S. District Judge Jed Rakoff imposed no fines for Simmons, but imposed $2.2 million in restitution. 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 said that his client had relied on hired hands to take care of his tax obligations while he focused on his work in music and film. However, Simmons later changed… Read More

February 16, 2019
The Benefits Of Filing Police Misconduct Cases In New York State Court

By Michael H. Joseph

The question of whether to file a police misconduct case in Federal or State Court requires a balance of different factors and the applicable rules of procedure. If you are in a more conservative jurdiction, the more restrictive voir dire procedures are a major obstacle in Federal Court. In Federal Court, the voir dire is usually conducted by the Judge or a law clerk, and the prospective jurors are often stiff and somewhat reluctant to open up. In state court the lawyers handle the voir dire, which usually leads to jurors opening up more, which in turn lets you know… Read More

February 9, 2019
News Flash on Immigration Law Update

By Michael H. Joseph

Trump had said ‘DACA is dead,’ but his administration has approved 55,000 applications The most recent flashpoint on immigration has been the Deferred Action for Childhood Arrivals (“DACA”) program, which was established by the Obama Administration in 2012 to allow some people who were brought to the United States illegally as minors to receive a work permit and temporary protection from deportation. The Trump administration rescinded the program in early September, 2017, but delayed implementation for six months to encourage Congress to address the issue. Since then, there has been indication that a compromise between the President and Senate Democrats… Read More

February 9, 2019
No Immigration arrest by by local cops, NY Appeals Court Rules

By Michael H. Joseph

Immigration (ICE) showing up to the courthouse to pick up undocumented immigrants on their court dates has become a common occurrence recently as all criminal defense lawyers who practice I. Westchester know. In a case originating in Suffolk County, a court ruled on November 14, 2018 that state and local law enforcement have no authority to arrest and detain people on behalf of the federal Immigration and Customs Enforcement agency for deportation purposes. Normally, individuals suspected of entering the U.S. illegally can be arrested by local or federal law enforcement before being transferred to U.S. Immigration and Customs Enforcement custody.… Read More

February 9, 2019
New York Gun Laws to be reviewed in Supreme Court

By Michael H. Joseph

Our criminal defense lawyers who defend gun charges know that despite the clear language in the Second Amendment, New York continues to have some of the most draconian and restrictive gun laws in the nation. On January 22, 2019, the Supreme Court said that it would review a New York City gun law that limits residents from transporting their guns outside their homes. It’s a first Second Amendment case in nearly a decade and a test of the court’s approach to gun rights after the arrival of Justice Brett M. Kavanaugh in October 2018. Justice Kavanaugh, who replaced the more… Read More

February 9, 2019
2nd Circuit Revives Federal Wrongful Conviction Challenge

By Michael H. Joseph

Our New York police misconduct lawyers know that police sometimes bend the rules and manipulate if  it create fabricated evidence. When this happens innocent people are wrongfully convicted and their lives are shattered. One such case was Kareem Bellamy who was convicted in 1995 of murdering James Abbott in Far Rockaway on the morning of April 9, 1994, based largely on the evidence of two witnesses, and a statement police claimed Bellamy made in the squad car upon arrest.  After serving 14 years of a 25-years-to-life sentence for a depraved indifference murder and weapon possession conviction, Bellamy’s habeas petition was… Read More

February 3, 2019
Brooklyn rapper Tekashi 6ix9ine arrested on racketeering, firearm charges

By Michael H. Joseph

The dictionary definition of racketeering is dishonest and fraudulent business dealings.  A racket is a planned or organized criminal act, usually in business, to extort money illegally. Most commonly associated with gangs and criminal organizations such as the Mafia, the popular example is a “protection racket” promising to protect the target business from dangerous individuals in the neighborhood. The legal definition involves operating an enterprise through a pattern of racketeering. Our New York criminal attorneys who defend federal cases know that a pattern of racketeering means two or more crimes that are operated through an organization as part of a pattern… Read More

January 26, 2019
Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment

By Michael H. Joseph

The Court of Appeals has made it easier for personal injury lawyers in New York to win their cases by filing a motion as opposed to waiting years for a trial. This is a major change to the standards for when a Plaintiff can obtain summary judgement. Our Westchester personal injury lawyers have been leaders in pushing for Plaintiffs getting summary judgement and streamlining our personal injury cases. Under this new ruling, Plaintiffs can win summary judgement by proving that the defendant was at fault or negligent, even if the Plaintiff was partially at fault. Before 1975, New York followed… Read More

January 26, 2019
ICE Hit With Proposed Class Action Over Lengthy Detention Spells for Immigrants

By Michael H. Joseph

Our Westchester Immigration and Deportation lawyers know that the Immigration Court backlog keeps rising. As of end of April 2017, the number of cases waiting for a decision had reached an all-time high of 585, 930 in a report published.  On  average individuals have currently been waiting 670 days, and may have to wait much longer before their cases will be heard. Those waiting for decisions include applicants for asylum, cancel of deportation and cancellation of removal as well as DACA and TPS. The Immigration Court in San Francisco has nearly 42,000 backlogged cases has some individuals waiting for more… Read More

 
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