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January 19, 2019
Risk of Deportation Mandates Jury Trial for Noncitizens, NY Court of Appeals Rules

By Michael H. Joseph

Our New York criminal defense attorneys who represent immigrants know how draconian a criminal conviction can be. Recent cases in New York  agree that the severity of this risk warrants a jury trial, rather than a judge who may lean towards the prosecution. The risk for deportation of a non-U.S. citizen accused of a low-level crime is enough to guarantee that individual have a trial by jury rather than a bench trial, the New York Court of Appeals stated in a decision on November 28, 2018. The decision, over Sixth Amendment fair trial rights under the U.S. Constitution for persons… Read More

January 19, 2019
Long Island Rail Road safety lapses had role in train foreman’s death

By Michael H. Joseph

Our personal injury lawyers who represent injured workers know that worker fatalities are preventable. Long Island Rail Road (LIRR) management doesn’t encourage its workers to follow safety rules, and that contributed to the death of a train foreman last summer stated by federal investigators. The LIRR foreman and a group of workers were walking along tracks in Queens Village  as a train approached from behind.  A watchman warned them, but because the agency didn’t have a designated safety spot, the workers were unsure where to go, the National Transportation Safety Board (NTSB) found.  Most of the workers stayed put, but… Read More

January 6, 2019
Senate passes criminal justice reform bill, sends to House

By Michael H. Joseph

Our White Plains criminal defense lawyers know how unfair the criminal justice system can be. On December 18, 2018, the White House claimed a major legislative victory after the Senate overwhelmingly approved a bipartisan criminal justice reform bill backed by President Trump.  Lawmakers approved the bill 87-12, after defeating three amendments pushed by conservative Republicans.  The measure now goes to the House, where it is expected to be approved quickly. Our Westchester criminal defense attorneys consider this a step in the right direction. The vote marked a rare moment of bipartisanship, at a time when lawmakers and the Trump administration are… Read More

January 5, 2019
Federal court says New York state ban on nunchucks unconstitutional

By Michael H. Joseph

Just blame Bruce Lee. Back in 1974, New York state decided to ban the possession of nunchucks as lawmakers feared they were becoming enticing tools of violence among hooligan children and street criminals who were exposed to the weapons on TV. They were so dangerous, lawmakers believed, that not even karate teachers could keep them in a locker at home. But while being dangerous might have been a good enough reason then, it doesn’t cut it anymore, as a federal judge ruled on December 18th, 2018. Our White Plains criminal defense lawyers who regularly handle possession of weapons cases throughout… Read More

January 5, 2019
Our Industrial Accident Lawyers proved Bioler Malfunction Caused by Negligent Installation and Maintenance

By Michael H. Joseph

Our Westchester Industrial Accident  lawyers got past a motion to dismiss in a case where our client suffered personal injuries including thermal and chemical burns. The Rockland Supreme Court agrees that our workplace accident lawyers established enough evidence that Defendants were negligent and careless in the installation/addition of new boilers to the subject premises and negligent in failing to maintain, inspect, repair, and service the boiler and heating system in a safe manner. Our client a maintenance work Elser sustained these injuries when he was exposed to hot water and chemicals from the boiler system’s expansion tank when the pressure… Read More

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

 
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