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May 16, 2019
New York Makes a Major Change in Requiring Disclosure of Evidence to Defense in Criminals Cases

By Michael H. Joseph

For decades, the rules governing criminal trials in New York have been tougher on defendants and more favorable to prosecutors than those in most other states. Our White Plains Criminal defense attorneys know that the criminal system for years has been one of unfair surprise where the evidence and witnesses against our client were disclosed for the first time on the day of trial. This severely limits the ability of a criminal defense attorney to properly investigate the case and the credibility of the prosecution’s evidence and witnesses. The New York State Legislature passed a law last month that will… Read More

April 22, 2019
Westchester Car Accident Lawyers Prove Defendant is at Fault

By Michael H. Joseph

In a recent our White Plains Car accident lawyers won another case for our injured client by making an early summary judgment motion. Our Westchester car crash lawyers proved that our client was a passenger in a car that was proceeding through an intersection  in Greenburgh, New York, with the green light in his favor when a vehicle operated by defendant made a sudden left turn in front of our client’s vehicle, causing the driver of plaintiff’s vehicle to severe left to avoid a collision, upon which it struck a street sign and a large steel guard pole. Based upon… Read More

April 22, 2019
New Rules Limit ICE’s Arrest Ability in New York State Courts

By Michael H. Joseph

On April 17, 2019 the New York state’s Office of Court Administration issued a memo that bars ICE agents from making arrests on state court property, including New York’s Criminal courthouses, absent a warrant issued by a federal judge. Immigration advocates hailed the new policy as a check on Immigration and Customs Enforcement agents’ ability to make arrests inside New York state courthouses, just a week after a new, 80-page report detailed the impact of federal immigration officials making arrests in the state courthouses. Chief Administrative Judge Lawrence Marks concluded that this report provides us with a sufficient basis to… Read More

April 13, 2019
Victory Overcoming Summary Judgement In Westchester Construction Accident Case- Plaintiff establishes Labor Law violations

By Michael H. Joseph

Our White Plains construction accident attorneys won a major victory in the Westchester Supreme Court by overcoming the defendants’ motion for summary judgment. Our Westchester construction accident attorneys filed a complaint against a home owner who self managed a roofing project in Dobbs Ferry by hiring day laborers without insurance. While the Dobbs Ferry property was a two-family home, which are usually excluded under the Labor Laws,  the Westchester Supreme Court found that our White Plains construction accident attorneys proved that an exception applies because the homeowner self managed the project and acted as his own general contractor.  The injured… Read More

April 6, 2019
‘Forbidden’ Instruction Forces Retrial, 2nd Circuit Rules

By Michael H. Joseph

U.S. District Judge Thomas McAvoy’s actions in an immigration and marriage fraud trial potentially tainted the jury, requiring the convictions be overturned and the case remanded, the appellate panel found. A guilty verdict in a marriage and immigration fraud trial out of the Northern District of New York has been vacated by the U.S. Court of Appeals for the Second Circuit, after the panel found the trial judge’s ex parte communications with jurors and instructions ahead of deliberations raised too many concerns about the fairness of the proceedings. Obviously jurors look up to the Judge and when a Judge implies… Read More

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 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

 
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