Being arrested for a crime you didn’t commit is one of the biggest nightmares for any New Yorker. It’s even worse if you end up wrongfully convicted and receive a prison sentence. There are many psychological effects of false imprisonment that could plague you. Mental...
During an arrest in New York, law enforcement officers must tell people being taken into custody that they have a right to an attorney. This right comes from the Fifth and Sixth Amendments of the U.S. Constitution. Beyond mentioning the right, police do not take any...
The legal principle of presumed innocent until proven guilty relies on the criminal justice system trying people on the basis of legally obtained evidence. The exclusionary rule has the potential to protect you from criminal charges if police obtained evidence through...
New York City prisoners have certain rights. If those rights are violated, an inmate has the right to file a complaint. Rights against cruel and unusual punishment Even the most hardened criminals have certain civil rights while in prison. Under the Eighth Amendment,...
Spending time behind bars is a challenging experience. There are, however, rules in place to protect the rights of prisoners throughout New York and the rest of the nation. With that in mind, here's a closer look at the Religious Land Use and Institutionalized Persons...
The term "police misconduct" includes any variety of illegal actions that a law enforcement offer takes against civilians in New York or anywhere else in the country. These actions often violate the victim's Constitutional civil rights. Victims often report being...
If you're stopped by a police officer while driving in New York, you should know that there are protections that are afforded regarding searching your vehicle under the Fourth Amendment. However, there are some circumstances that could arise that would warrant a legal...
If you happen to be questioned or arrested by law enforcement in New York, there are certain rights that you have, which are called your Miranda Rights. These are read before an officer begins questioning you about the crime that you're suspected of committing. If...
New York prosecutors file charges against defendants after reviewing the evidence. When evidence points to guilt, a prosecutor might have a strong case. However, the defense could bring up questions about the evidence’s admissibility in court. Law enforcement...
New Yorkers expect the police to be helpful and courteous. Unfortunately, some officers abuse their power, leaving victims dealing with unfair treatment. Police misconduct costs billions of dollars each year nationwide. What is police misconduct? Police misconduct...