R-SQUARE, ESQ. PLLCR-SQUARE, ESQ. PLLC2024-03-20T12:33:54Zhttps://www.rsquareesq.com/feed/atom/WordPress/wp-content/uploads/sites/1302544/2022/01/cropped-Favicon-32x32.jpgOn Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2548092024-03-20T12:33:54Z2024-03-20T12:33:54ZCalm compliance is the key to personal protection
The first instinct of someone facing false arrest by a police officer might be to fight back. Someone may try arguing with an officer to explain that they did not break the law. Occasionally, that disagreement may lead to a physical confrontation.
Someone who otherwise did not break the law might end up accused of unlawfully resisting arrest or assaulting a police officer depending on what happens. Even though it can be frightening, those facing false arrest typically need to stay as calm as possible and comply with an officer's requests.
They may try inquiring about whether the officer has a warrant or what gives them probable cause to conduct an arrest. However, even verbally probing an officer's choices can worsen a situation. Anything they view as non-compliance can sometimes lead to officers becoming inappropriately aggressive.
The party facing arrest may need to listen instead of talking so that they can glean as much information as possible about the situation. As soon as they are able, they likely need to assert their rights to legal representation. Someone wrongly taken into state custody in New York can call a criminal defense attorney to help them address the situation.
Depending on what transpired, those falsely arrested and then falsely imprisoned may have grounds to take legal action. Reacting appropriately in a scenario involving a police department misconduct can help someone avoid injury and may help them hold a police officer or Police Department accountable later.
]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2548082024-01-23T14:58:40Z2024-01-23T14:58:40ZThere are many different potential charges and penalties
Prosecutors and judges consider many unique details when deciding what charges to pursue against someone for a drug offense and what penalties to impose. Factors that influence the severity of penalties include someone's prior criminal record, the types of drugs involved, the amount of drugs involved and whether the offense involves simple possessions or the distribution of those drugs to others.
Those accused of a low-level possession offense may face Class A misdemeanor charges. The penalties possible after a conviction or guilty plea for a 7th-degree possession offense could include up to a year in prison and $1,000 in fines.
More serious offenses, including possession of multiple grams of different drugs or precursors for the manufacturing of drugs like methamphetamine, can lead to felony charges. The most severe possession charge involves possession of eight ounces of a preparation containing a narcotic or 5,760 ounces of methadone is a Class A-I felony that could result in between eight and 20 years in prison and a shocking $100,000 in fines.
Selling or distributing controlled or prohibited drugs in New York usually results in felony charges. Even a 5th-degree offense for selling a controlled substance could lead to Class D felony charges that carry up to 2.5 years in prison and $5,000 in fines. A 1st-degree offense involving the transfer of at least two ounces of a preparation that contains a narcotic drug or 2,880 milligrams of methadone is a Class A-I felony with the same possible penalties outlined above.
Anyone accused of a New York drug offense needs to prepare a thorough strategy for responding to those accusations. Understanding possible penalties, and seeking legal guidance to avoid them if possible, may help people better manage the fallout of pending drug-related charges in New York.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2548052023-11-21T02:40:22Z2023-11-21T02:40:22ZCivil rights violation at a traffic stop
In the summer of 2019, two police officers made a traffic stop that went horribly wrong. The driver faced a false arrest after his vehicle was searched and he was thrown to the ground. He pleaded with the officers and explained that he wasn’t able to move his legs because he was disabled. They didn’t listen and subsequently beat and kicked him, aggravating a previous back injury and causing him chronic, severe pain.
After the man’s arrest, he testified about the problems he’d suffered since the incident. The police officers claimed that he resisted arrest and refused to obey their commands. However, the judge in the case ended up dismissing all charges against the man, which included possession of marijuana, disorderly conduct, resisting arrest, possession of a weapon and obstruction of governmental administration.
Settlement reached in the case
The victim filed a lawsuit against the city and the police department with the State Supreme Court, claiming police brutality and false arrest. Ultimately, a settlement of over $200,000 was recommended and approved. During the case, the police claimed that they went after the victim because his vehicle was stopped and blocking their path.
Counsel for the city requested that the court dismiss the lawsuit, claiming that the officers had probable cause to arrest the victim. However, those claims were countered due to the judge in the prior case asserting that the arrest was unlawful, and the man presented no threat to the police officers.
Even if you are legitimately arrested, police must treat you with respect. If you face brutality at their hands, you have a right to hold them accountable and preserve your civil rights.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2548032023-09-21T04:57:00Z2023-09-21T04:57:00ZUnderstanding police brutality
Some actions taken by the police can be deemed as acts of brutality. For example, if the police were to beat a suspect and continue to beat the person even after the individual became incapacitated, that would be considered excessive force on the part of the officers.
The way the police detain a suspect Can also be considered brutality. Situations exist where the police use a chokehold that causes fatalities. Other situations involve the police restraining someone to the point where the suspect suffers injuries. Improperly restraining and placing someone inside a police van might lead to injuries during transit.
The improper use of deadly force is an extreme example of police brutality. Discharging a weapon without cause can cost someone their life.
Legal actions for victims of police brutality
Victims of police brutality can have a civil case against officers who commit such actions. The victim may seek compensation for their financial losses derived from injuries and seek punitive awards to punish the police for their behavior.
Compelling evidence can help a police brutality lawsuit. Cell phone or security camera footage that recorded the incident might help prove the case. Also, medical records and expert testimony can prove that the police caused injuries by using excessive force. Providing such evidence in court can be crucial for having a successful outcome to a civil lawsuit.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547712023-07-25T23:29:45Z2023-07-25T23:29:45ZCharacteristics of a misdemeanor
A misdemeanor charge is generally classified as one that carries a sentence of less than a year in jail. However, depending on the factors in your case, you could spend many years in jail or prison after being convicted of a relatively minor offense. For instance, a criminal record may trigger mandatory minimum sentencing rules if convicted of DUI or possession of marijuana.
Characteristics of a felony
A felony is a serious offense such as murder, arson or rape. If convicted of a felony, you may be sentenced to prison. You may also be subject to fines of $10,000 or more as part of your sentence, which may be true even if you lack a criminal record. A felony conviction may also impede your right to own a gun or vote in an election.
Plea bargains may be available
A plea deal in your case could result in a felony charge being reduced to a misdemeanor. It's also possible that a plea deal could significantly reduce your sentence even if you are charged and convicted of a felony. Deals may be offered if you successfully have evidence suppressed as part of your criminal defense strategy or otherwise convince a prosecutor that one is warranted in your case.
A conviction on any charge may make it harder to find housing, go to school or find employment. You may also find it harder to retain custody of your kids or live a normal life. However, casting doubt upon the evidence introduced in your case may result in a plea deal or an acquittal.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547692023-05-19T17:44:11Z2023-05-19T17:44:11ZDrug possession penalties
If you are convicted of possessing more than eight grams of a narcotic substance, you can be sentenced to up to 20 years in prison. You will also pay a fine of up to $100,000. If you're convicted of marijuana possession, the penalties are a jail sentence of up to 15 days and a fine of no more than $250.
Elements of a drug possession charge
To obtain a conviction in a criminal case, a prosecutor must prove beyond a reasonable doubt that you have violated state law. To prove that you are guilty of drug possession, it must be shown that you knowingly possessed a prohibited substance. There are several arguments that you might be able to use as part of your criminal defense strategy that might create sufficient doubt to get the case dropped or the charge reduced.
Defenses against the charge
Defenses against this charge include a lack of intent to violate the law or knowledge about what was on your person. The law also allows defendants under 16 to use their age as a defense. Finally, it may be possible to argue that you legally possessed a controlled substance or didn't possess enough of it to violate state law.
If you are charged with a crime, it doesn't mean you did anything wrong. Casting doubt on the substance of the government's case might result in evidence being suppressed, which may result in your case being dismissed. It may also create leverage to negotiate a favorable plea deal.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547682023-03-22T01:41:03Z2023-03-22T01:41:03ZDetention
Detention for the purposes of a Miranda warning means that a suspect is not free to leave, which does not necessarily mean that an arrest has been made. However, the courts give police officers wide latitude in this area. Motorists who are pulled over are not free to leave, but admissions they made about behavior like drinking before an arrest is made would probably not be excluded under the Miranda rule. If you are ever pulled over and feel anxious about answering questions, you should remember that you have the right to remain silent even if the police officer has not read you a Miranda warning.
Interrogation and Miranda acknowledgments
The Fifth Amendment states that no person can be compelled to be a witness against themselves, but it does not give suspects the right to refuse all police questions. Police may demand answers to questions to establish identity, but they have to advise suspects about their rights to remain silent and speak with a criminal defense attorney before touching on subjects that could be incriminating. When police officers inform suspects about their rights, they usually ask them to sign a statement called a Miranda acknowledgment. Signing this document is a good idea because the U.S. Supreme Court has ruled that refusing to sign it amounts to waiving Miranda rights.
Take no chances
A police officer’s job in a criminal investigation is quite simple. They are tasked with identifying and apprehending the offender and then gathering as much evidence as possible for prosecutors. If you are ever taken into custody because police officers think you may have committed a crime, you should take no chances. You should answer questions that establish your identity but invoke your right to remain silent when asked about your alleged activities, and you should ask to speak with an attorney.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547672023-01-20T20:55:09Z2023-01-20T20:55:09ZObergefell v. Hodges. The landmark bill was signed into law on December 13, 2022, and this may have some implications for immigration in New York to be aware of.
Guaranteed federal and state-level recognition of same-sex marriage
This bill falls short of the precedent set by the Supreme Court in Obergefell, but it may serve as an important legal safety net if that ruling were to be struck down. One notable protection offered by this bill comes at both the state and federal levels. It's a requirement that same-sex marriages are recognized by state law and the federal government, and it doesn't matter what happens in the Supreme Court.
This is great news for same-sex couples who have immigrated to the United States. The bill may turn out to be vital to protect the validity of their union.
Now that the Respect for Marriage Act has been passed, it means that the Defense of Marriage Act or DOMA is now officially repealed. It was the bill that defined marriage as being only between a man and a woman, effectively barring the federal government from recognizing same-sex marriage.
The codification of same-sex marriage is good news for immigration
Now that this bill is passed, the recognition of same-sex marriage by the federal government has been codified. This is an important fact for over a thousand government benefits, which include immigration services along with taxes and social programs.
However, one caveat to keep in mind is that this bill does not require states to issue a same-sex couple their marriage license. There are over 30 states that have a ban on same-sex marriage written into their laws. If Obergefell were struck down, same-sex couples who live in one of those states would have to travel in order to get their marriage license.
In light of the Supreme Court overturning Roe v. Wade, lawmakers were concerned that the next casualty would be same-sex marriage. While the Respect for Marriage Act doesn't guarantee that same-sex couples will be able to get their marriage license in any state, it does protect the validity of their union throughout the country.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547662023-01-11T22:29:17Z2023-01-10T22:28:11ZConvicted of crimes they did not commit
When a crime is being investigated, witnesses are often urged to "come forward" with information. While their first-hand information is important, research has shown that choosing a suspect based on memory recollection and sight does not always lead to the correct outcome.
It may not be surprising that the majority of wrongful convictions and lengthy sentences are African American. Of the nearly 2000 cases that were overturned according to the The National Registry of Exonerations, Blacks made up nearly 47% of those exonerations.
The eyes don't lie, so they say
Recalling the events of a crime relies on the ability to remember details and visuals. Yet, researchers learned that a witness' recollection of events can change over time. It could be impacted by news of the event, fading details and a myriad of other factors that interfere with memory recollection.
Innocent people penalized for crimes they did not commit is a sign of an egregious failure in the criminal justice system. Stakeholders continue to study ways to improve the protocols in identifying criminals, but the point of perfection has not yet been reached.]]>On Behalf of R-SQUARE, ESQ. PLLChttps://www.rsquareesq.com/?p=2547652022-12-30T21:12:14Z2022-12-30T21:12:14ZIn hot water
Those allegations and charges did not stop him from engaging in actions that ultimately led to his arrest. He was charged with official misconduct and evidence tampering for recreating his alleged investigative actions during a traffic stop. Although he had a body camera during the stop, it did not disclose any gun or drugs during the initial vehicle search. Later, after his body camera was removed, a gun was allegedly found in a tennis shoe. So with the help of his partner and his body camera, he broke protocol and re-enacted the discovery.
Later, his then-partner revealed this information to the District Attorney's office in Queens, NY which, in turn, prompted an investigation by the Internal Affairs Bureau of NYPD. Although Officer Martin defended his actions, he was arrested in 2020 and charged.
On the wrong side of the law
Past charges against him include illegal stops and frisks and false arrests. He received so many civilian complaints that his department was monitoring him with “Level 2 Force Monitoring.” He even broke rank and received a charge of insubordination for disrespecting a lieutenant when told to decrease his overtime hours. His untoward actions have cost the taxpayers more than one million dollars to date.
Despite his promises to uphold the law and protect and serve, Officer Martin's actions paint a very different picture. Despite his claims of innocence regarding his current charges, he could get up to four years in prison, if convicted.]]>