The controversial stop-and-frisk practices of the NYPD show no signs of slowing. According to the N.Y. Times, the department released data outlining the number of stops so far this year, and the numbers are up significantly from last year.

About 203,500 stops were made during the first three months of 2012, up from 183,326 during the same period last year. And despite criticism from citizens and people across the country, the department stands by its practice of stopping and frisking anyone they please.

“I would submit that our strategies are saving lives,” said Police Commissioner Raymond W. Kelly in the face of criticism. Kelly went on to suggest the disproportionate stopping of minorities was saving the lives of minorities, in a sort-of “this is for your own good,” justification.

Though young black and Hispanic men represent just 4.7% of the population of NYC, they accounted for 41.6% of the stops in 2011.

On Saturday, the City Council speaker, Christine C. Quinn, said the “dramatic increase” in stops underscored her calls for reform.

“While the N.Y.P.D. should continue to have the ability to stop and frisk people where there is a reasonable suspicion of criminal activity, I remain convinced that with better monitoring, supervision and accountability we can avoid the corrosive impact of a poorly targeted program,” Ms. Quinn said in a statement. “We cannot continue to stop, question and frisk nearly 700,000 New Yorkers in this way without doing harm to the relationship between police officers and the people they are protecting, particularly in communities of color.”

The continued overuse of these stop-and-frisk practices is only worsening the relationship between the police and the people they are said to be “protecting.” While no one is saying the police shouldn’t be able to stop and frisk someone where there is evidence of a crime, randomly choosing people because of where they live or how they look is not effective law enforcement.

Among those stopped so far in 2012, only 5% led to arrests and about 5% led to summonses, more common in minor misdemeanor cases or violations. So, do these arrests and criminal summonses justify the rights of hundreds-of-thousands of New Yorkers being violated every year? Not hardly.

When you live in the city, and particularly if you are a young minority male, you know that the chances of you being bothered by the police are pretty great. But, when you are actually arrested and charged with a crime, you may begin to wonder if you can find anyone on your side.

If you are facing criminal charges, contact our offices today. When it feels like no one cares about your side of the story, our attorneys can be there to help.

City council members and journalists are among those behind a federal lawsuit filed this week against the New York City Police Department (NYPD). They are asking for federal oversight of the NYPD in regards to the department’s alleged violations of 1^st Amendment rights, according to the Reporters Committee For Freedom of the Press (RCFP).

The suit lists Mayor Michael Bloomberg, a number of individual officers, and Police Commissioner Raymond Kelly. It alleges that the city, through the department, has allowed police to infringe upon the 1^st Amendment rights of the people.

Plaintiffs on the suit currently number a dozen, though more may be added. Among those are four city council members and journalists. One council member was beaten by the police during the Occupy protests at Zucotti Park, this, he says, despite his compliance with their orders.

In addition to federal oversight, the suit seeks monetary damages.

To the objection of Mayor Bloomberg, in the past, the City Council has tried to get oversight of the police department. The Mayor and a N.Y. appellate court believed this would undercut the mayor’s authority over the NYPD.

The plaintiffs in the suit believe litigation is necessary to solve the problem and to get an outside and objective control on what they see as obvious constitutional violations that are currently going unchecked.

The NYPD is no stranger to controversy. One merely has to look through this blog to find several examples of police and the department being embroiled in hot-button issues. The Occupy movement brought several issues within the department and specific officers’ behaviors to light.

Officers weren’t only accused of stifling peoples’ rights to speak and protest, but of excessive force and general mistreatment, this as they doled out disorderly conduct charges left and right.

In scenarios like the Occupy protests, where there are hundreds and even thousands of people exercising their rights in one place, it’s probably a little understandable that the police would feel overwhelmed. However, feeling overwhelmed and acting on the feeling by cuffing anyone who makes a misstep across a protest line or calls an officer a name seems a little excessive and evidence that they have lost control of their own level-headedness.

Your constitutional rights can only be taken away in extreme circumstances, and even when they are lawfully removed, you still maintain many of them. (For instance, you could be incarcerated but you still enjoy the protection against cruel and unusual punishment).

It is your defense lawyers job to help ensure your constitutional rights are protected when you are within the criminal justice system. If the police infringed upon your rights during the arrest stage, your entire case could be thrown out.

If you are charged with a crime after an encounter with the NYPD and you have questions about your options and your rights, contact us today.

The Conviction Review Board, created by New York State attorney general Eric T. Schneidermann marks the first law enforcement effort at examining questionable convictions in the state. According to the NY Times, the new board will address possible wrongful convictions, working on the leads of several senior lawyers lead by one assistance attorney general.

The board comes at a time when many officials are calling for safeguards to ensure wrongful convictions are avoided at all costs. New eyewitness identification procedures and the videotaping of interrogations are just a few of the changes being called for.

Cases in need of review will be determined by working with district attorneys from across the state, a group that is notorious for questioning the validity of their own work. But, Schneidermann is said to be confident of the cooperation of the district attorneys, already receiving support from several prominent DA’s across the state.

“If a district attorney’s office chooses to refer the case to the attorney general, then the attorney general’s office will have jurisdiction to reinvestigate the case and handle the subsequent legal proceedings.” But, if the board requires these district attorneys to refer their own cases, the number and quality of cases turned over to the board could be minimal. Not many prosecutors will question their own (or fellow prosecutor’s) judgment in the prosecution of a crime.

The board won’t only be dealing with the criminal aspect of these cases, however; they will also decide how to handle the civil aspect, when offenders seek compensation after a wrongful conviction and period of incarceration.

This could present additional trouble as the very same attorney general’s office has been criticized for their reluctance to compensate those who have been wrongly convicted. In one case, they denied responsibility for a wrongful conviction because the offender ultimately confessed to a crime he didn’t commit, nevermind the confession likely came after lengthy interrogations and a potentially sweet sounding plea deal.

The Innocence Project estimates about 25% of DNA exoneration cases involved a confession or incriminating statements. Because it seems to be such a common factor in wrongful convictions, the board might be benefitted by looking at why the offender confessed. They would likely find an element, even if not deliberate, of coercion and pressure.

Taking steps to reduce the number of people wrongly convicted and to remedy those already serving sentences is commendable. But unless it’s done in the right manner, it seems to be little more than symbolic in nature.

Discussing your case with a criminal defense lawyer is crucial in ensuring you are treated fairly in court, by the prosecutor and everyone else present. If you are accused of a crime that you didn’t do, contact us today.

The independent agency known as the Civilian Complaint Review Board (CCRB) now has expanded powers thanks to an agreement reached on Tuesday. Now the board’s attorneys can prosecute cops accused of misconduct, a move that could increase accountability in the department.

From 2002 to 2010, the CCRB recommended officers be given the most serious penalties in 2,078 cases. That recommendation was only followed by the department in 151 cases. The CCRB is hoping this will change with the new procedures.

Up until now, the board could only make recommendations to the department, and the decision to prosecute a police officer rested with the police agency itself. The process has long been called secretive and ineffective, but some are hoping this new change will bring about more transparency.

Christine Quinn, speaker of the City Council, said that until now, “C.C.R.B. felt like a toothless tiger,” where people would make complaints and then never know the outcome of the case they began.

Now, the C.C.R.B. will act as prosecutor in the misconduct cases that are deemed serious enough to go to trial. A police agency employee will still serve as judge, however, in these cases.

Police Commissioner Raymond W. Kelly will still retain the power to accept or reject the judge’s recommendation. But now, he will be required to inform the board in writing when he decides to deviate from the judge’s recommendation. The board then has the opportunity to appeal his ruling.

“And all of this can be reported publicly,” said Ms. Quinn, according to the N.Y. Times. In a process that was formerly kept out of the public’s eyes, this is a move towards true transparency and one that could encourage better relations between the department and the people they serve.

Of course, the Patrolmen’s Benevolent Association is not confident in the ability of the CCRB to handle the investigations and subsequent prosecutions. Patrick Lynch, the president of the union, complained that the board has inexperienced investigators and a predisposition that the “police officers are always wrong.” He referred to upcoming potential trials, with CCRB prosecutors, as “kangaroo trials.”

When the police have such wide power in a city, and especially when a department is plagued with controversy as much as the NYPD, accountability is crucial. If the CCRB doesn’t have any actual power, but can only make recommendations, it is seen as little more than a symbolic board and serves no real purpose in holding cops accountable. By giving them the power to actually do something, the department can hope to regain trust of those people who may be wronged.

The NYPD is no stranger to complaints. Many people who are ultimately charged with a crime have allegations of mistreatment. It’s important to note that the police are legally required to act within certain procedures and protocol when initiating an arrest, conducting a search, and even executing a warrant. If they violate these procedures, it could jeopardize the state’s case against the suspect.

If you are facing criminal charges and have questions about how you were treated by police, contact our offices today.

The New York Supreme Court this week ruled that judges in the state can no longer require a defendant to pay a cash-only bail, and that they must provide other alternatives for defendants to post bail.

This decision marks a high point in the equal administration of justice. Prior to it, judges could require a defendant to post a high-cash bail or simply wait in jail until trial. Obviously, this left a disproportionate amount of poor people in jail, while those with means could simply post the case.

Now, the court ruled, judges must give defendants another alternative, like using a bail bondsman. Bondsmen typically agree to pay someone’s bail after they receive 10% down and possibly some collateral posted.

Civil liberty supporters and the defense bar both see the ruling as a victory. Jerome E. McElroy, the executive director of the New York Criminal Justice Agency, says “I’m not much in favor of money bail, period.”

His opinion is shared by many who believe the current bail practices favor those with money and unfairly punish those without.

According to the New York Times, 44% of NYC defendants who are offered bail, are unable to post it and instead wait in jail for their court dates.

The ruling came as a result of a criminal court case in which the defendant pointed out state law which states, “a court may direct that the bail be posted in any one of two or more of the forms.” While the prosecutor in this case said that the law simply gave judge’s discretion, the defendant interpreted it as mandating at least two options for bail.

Judges can find a way around this, if they are set on keeping someone in jail by setting a bail too high for them to meet. They can simply require the bail to be higher, and allow them access to a bondsman. In other words, a $20,000 cash-only bail is the same as a $200,000 bail where a bondsman and 10% assurity are allowed.

Bail is something that is used to ensure to the court that defendants will return for court dates. If you are required to put up thousands of dollars, there is a good chance you will come to court in order to resolve the pending charges.

Not all cases are given the privilege of bail, though most nonviolent crimes are. If you are facing charges and have questions about bail or if you are under investigation for a crime and want to discuss possible defense strategies for when the charges come down, contact our attorneys today.

Violent crime in NYC is down to “historic lows”, according to NPR. But the suburbs outside of the city are experiencing a different trend. Towns like Middletown and Newburgh are experiencing higher than average violent crime rates, and it’s due—at least in part—to gang activity.

“These aren’t the drug addicted street urchins who are being swept up there for statistical purposes,” says Orange County District Attorney Frank Phillips. “These are the real movers and shakers behind the level of violence that’s being committed upon our citizens throughout the county.”

Many of the gang members said to be moving upstate are those who spent some time in prison and see the smaller towns as a place to lay low, and subsequently a place to set up shop.

Last month a task force swept down on Middletown, 90 minutes north of the city, to arrest more than 24 suspected Bloods gang members. They stand accused of drug trafficking, conspiracy, and racketeering after bringing cocaine, marijuana and heroin into the smaller town.

Citizens in these communities are used to leaving their doors unlocked and not worrying about walking alone after dark. But that’s all changing. Ruben Rivera has lived here for more than 20 years and has raised 9 children in the town. Things have changed, he says. He was mugged at knife point a few years back and now keeps his youngest child in the house after dark.

According to local police, the gang members aren’t too quiet about their affiliations either. “Whereas in the past it was somewhat, I guess you could say underground, now they’re a little more open, more willing to display colors and things of that nature,” says Lt. Greg Metakes with the Middletown Police Department.

The small towns have collaborated with federal law enforcement to develop task forces in hopes of stopping the gangs in their tracks. They’ve been using wiretaps and cameras mounted on telephone poles. Many of the people they are after have served time, opening them up to far lengthier prison sentences if arrested and convicted again.

Sometimes, in these gang sweeps that occur across the country, innocent parties are swept up. Someone who is friends with one gang member or even has family in a gang can easily be caught up and charged along with those who are actually guilty of criminal offenses.

Not everyone who is arrested and accused of being involved in a gang is, in fact, a gang member. If you are accused of a drug crime or weapons offense and you need assistance proving your case, contact our offices today.

Who you associate with shouldn’t cause you to be labeled as a criminal.

Pharmacy robberies have climbed all across the country, and in Long Island alone, two such robberies resulted in six deaths.  The drugs of choice are narcotic pain killers, like oxycodone. They are highly addictive, and some addicts are willing to do just about anything to keep their supply coming.

Local pharmacies have taken to bolstering their security measures in light of the growing robberies. Installing panic buttons, cameras, and bullet proof glass are just some of the ways that pharmacists are fighting back and hoping to deter would-be robbers.

Some have even stopped carrying the pain killers that robbers would go after, opting to turn away some people with legitimate needs and pain management issues rather than run the risk of attracting armed criminals.

On June 19^th, a clerk, pharmacist, and two customers were killed as a man stole thousands of pain pills from Haven Drugs in Medford. On New Year’s Eve, a federal agent who was picking up his father’s medication was killed when he tried to stop a robbery in progress. The robber, a retired police lieutenant who had recently been released from prison, was also killed.

Last year, on Long Island, there were at least a dozen of these robberies. In New York State, between 2006 and 2010, the number of pharmacy robberies jumped from 4 to 30. Nationally, we saw a jump of 79% during that same time period.

The growth in these robberies is directly related to the growing prescription drug addiction problem in this country. Prescription pain killers, like oxycodone, are highly addictive and have become the drug of choice for many. But when the doctor stops refilling your prescription or when your supplier dries up, where do you turn?

Many pain clinics, or pill mills, sprouted up across the country as a way to unethically issue prescriptions to addicts. They were simply getting their piece of the pie, making money off of the addiction. But lawmakers are cracking down on these clinics, which are more populous in southern states like Florida and Georgia.

Those people robbing pharmacies are likely addicted to the pills themselves, though they could also be dealers looking to replenish their supply. These pills can bring a hefty price on the street.

Pharmacists are being more vigilant, wiping counters throughout the day in hopes of collecting prints if a robbery does go down, installing better cameras and alarm systems, and simply being more alert to their clientele.

When you have an addiction, you can sometimes be motivated to commit offenses you wouldn’t otherwise. Sometimes, if caught, this presents a chance for you to get help. If you are charged with a criminal offense, whether its drug related or not, we may be able to help. Contact our offices today to discuss the details of your case and what can be done.

Radiation scanners mounted on squad cars seems like a scene out of a futuristic science fiction movie. But, if the NYPD and Police Commissioner Raymond Kelly have their way, it will be a reality sooner than you might think. The agency is working to develop a system of scanners that will identify people on the street who might be strapped with a firearm. While it’s all done in the name of public safety, one has to wonder if the end justifies the means.

The technology is said to work similarly to infrared imaging. The scanners will detect radiation that is emitted from the human body. Because this energy cannot travel through metal, it will be able to identify if that person is carrying a gun, theoretically. Of course, it could raise red flags if they are carrying an iPod, a smart phone, or anything else made with metal.

“This technology has shown a great deal of promise as a way of detecting weapons without a physical search,” says Commissioner Kelly according to the New York Post, who revealed the program in his State of the NYPD address.

Kelly would like to see the technology installed on cop cars in the near future. But, the technology still needs some work.

Currently, the scanners only work from a distance of three to four feet. The department would like to see them work for up to 25 meters, scanning in every which direction from within the comfort of a squad car.

As civil liberties lawyer Norman Siegel points out, “It will make an already aggressive policy of stop, question and frisk seem tame.”

The NYPD are already notorious for stopping and frisking disproportionate numbers of minorities, all on the premise that the neighborhoods in which they are found make them more likely to be involved in criminal activity. If a scientifically “sound” device now tells them when someone is carrying a metal object, they could use this potential weapon as justification for treating such innocent citizens as being armed and dangerous.

Photos shown of the new technology do indicate that it does little more than provide a blurry outline of whatever metal object is detected. It’s easy to see how an iPhone, for example, could be mistaken for a small firearm.

Chances are we have not heard the last of this imaging technology, and opposition to it will likely grow as it becomes closer to reality.

When you are searched, the officer should have good cause to have stopped you and have evidence that they could find something on you indicating a criminal offense. Understanding the laws regarding searches and seizures is something your defense attorney can assist you with.

If you’re facing criminal charges, contact us today for a consultation on your case and to see how we might be able to help.

Currently, if you are convicted of a felony or one of 37 misdemeanors in the state of New York, you must submit to a DNA screening and have your genetic code entered into a database. But the volume of this database could be significantly increased if Governor Andrew Cuomo has his way.

Supporters of the Governor’s measure say that the DNA database already helps to catch criminals and prevent future crimes, and that by expanding the database it will only be more effective.

Opponents, on the other hand, claim there are not enough safeguards in place to ensure people’s civil liberties are protected and the value of the database has not been completely quantified..

The New York’s division of the American Civil Liberties Union (NYCLU) is calling for an independent task force to study the outcomes of investigations using DNA and whether people’s rights remain protected in those processed. They are also asking that the state Commission on Forensic Sciences become a independent body with “expanded regulatory oversight authority,” according to WGRZ Channel 2.

The database was started in 1996 and has been expanded three times since, in 1996, 2004, and 2006. In that time, there have reportedly been 10,200 matches, helping law enforcement to solve numerous crimes and resulting in convictions in 189 homicides, 591 sexual assaults, 1,344 burglaries, and 320 robberies. It has also led to 27 exonerations.

By matching the evidence at a crime scene, for example, with someone already entered in the DNA database, police can more quickly identify and eliminate suspects. Similarly, they can prevent wrongful convictions and cases of mistaken identity.

“By expanding the databank, we will give law enforcement one more tool to bring criminals to justice, clear those who have been wrongly accused, and prevent more New Yorkers from becoming future victims of horrible crimes,” says Senator Jeffrey Klein (D-Bronx) expressing his support.

Of course law enforcement and similar organizations support the move to expand the database. The expansion would add another 200 misdemeanor crimes to the list of those in which DNA is collected.

The NYCLU is concerned about both due process and about the fallibility of DNA evidence. The legislative director of the organization says that research has shown “a surprisingly high incidence of error, fraud and abuse in the handling, analysis and presentation of evidence.”

Senator Klein has sponsored the legislation that would make the expansion possible.

DNA collection is only one of the many consequences of a criminal conviction. Many of these consequences can impact your life long into the future. If you are accused of committing a criminal offense, contact our offices today to discuss how we might be able to help.

Within the last two months of the Occupy Wall Street movement, we’ve seen people getting shoved around and pepper-sprayed by the police. But those being subjected to force aren’t just the protestors of the 99%, they are the reporters covering the movement. This week in a New York Times editorial, we hear from one such journalist who brings up some interesting points about the occurences and the handling of the “allegations” by the police.

A mayoral aide, Stu Loeser, sent out an email to reporters in NYC. In that email he “said that he heard of journalists ‘supposedly’ wearing police press badges who ‘allegedly encountered problems on the streets of New York.” Michael Powel, a reporter and writer of the NYT editorial says all of this “alleged” behavior was witnessed first hand by reporters and cops alike and was done in a manner in blatant disregard of the rights of the press.

“Over several days, New York cops have arrested, punched, whacked, shoved to the ground and tossed a barrier at reporters and photographers.” When the city was asked if there was some change in policy regarding the treatment of the press, they were brushed off as if the recent behaviors had never happened and that suggesting there was some sort of shift in policy would be an admittance of wrongdoings that simply didn’t occur (in the eyes of the city).

Of course, the police want people to know that they do not allow members of the press to break the law in order to gather the news. But circumstances over the past few months show again and again that members of the press were doing little more than snapping photos, asking questions, and taking notes.

One photographer, who attempted to snap pictures of a bloodied protestor being carried off by police, was charged by officers who lifted a barrier and struck the photographer in the chest, knees, and shins while informing him he was not allowed to photograph on the sidewalk. Other reporters have faced disorderly conduct arrest for doing nothing more than documenting the Occupy movement.

The city of New York gives out police press passes, these passes are worn around the neck and seem to be the city’s way of okaying some members of the press for covering police actions while others are not. But these passes don’t necessarily do any good, particularly because the city is so stingy in granted them and even renewing them.

The passes did save some holders from arrest during the Zuccotti Park eviction last week. Police took those press members to a “pen”, secluded from the park, while those without were lumped in with the other protestors. Pass-carrying press members could only hear shouts from their pen, unable to witness the eviction and what it all entailed.

Horrifying images of police abuse nationwide are becoming disturbingly commonplace, from the pepper-spraying of UC Davis students, to DC police violently pulling a handicapped man out of his wheelchair.

It is our hope that these incidents can ultimately result in real reforms in how the police are ordered to handle peaceful and lawful protests in the Occupy movement and beyond.