Monday, July 29, 2024

Understanding Police Brutality Cases and Legal Support From Law Firms in Queens

Communities and families can be destroyed when law enforcement officials misuse their authority. There are many such incidents of police brutality reported in Queens and other parts of NY. Thankfully, victims are aware of their right to justice since there are legal practices that focus on resolving situations involving police misconduct. Let's learn more about police brutality and how to choose one of the most qualified and reliable Brutality Law Firms in Queens

Brutality Law Firms Queens

What Exactly is Police Brutality?


Police brutality is the excessive force being used by police- rigging someone during an arrest and misusing a firearm are two examples of this. Not only physical violence but intimidation and verbal abuse are also prohibited. When necessary, police are allowed to use reasonable force, but violence is considered illegal.


Some common police misconduct examples that can be seen commonly may include:

  • Beating someone up during an arrest.

  • Using pepper spray or Tasers for no good reason.

  • Shouting threats or racist words.

  • Stopping and searching people just because of their race.

  • Barging into homes without a warrant.

  • Arresting people without cause.


The effects can be devastating. Victims might end up with serious injuries, emotional scars, substantial medical bills, and a complete loss of trust in the police.


How to search for the right brutality lawyer in Queens


Always keep these things in mind while hiring a Brutality Law Firm in Queens:


Resources: Investigations into cases of police brutality can cost a lot of money. Ensure that the firm has sufficient resources to call experts during the project. Determine if they have good relations with civil rights associations that may greatly help.


Specialization: Choose a law firm specializing in civil rights and police brutality rather than hiring a general practice attorney. They ought to be aware of all the relevant legislation. To find out how knowledgeable they are, you can find out how many NYPD brutality cases they have handled annually. In these situations, it is also essential to consider their win-loss ratio.


Reputation: Search for any news or articles where the lawyer or firm may have been mentioned in any media, especially if the information you seek is not readily available on their website or online reviews. If possible, obtain references from those with previous experience with the firm. It also becomes essential to check their membership or affiliation with the New York State Bar Association.


Communication: Communication habits are also relevant when considering this decision. Select an attorney who does not use legal terms that are hard to understand when explaining the law. Ensure they are willing to take their time and respond to all your questions patiently. Check whether they are polite and receptive in general when communicating through phone calls or emails.


Size: When deciding between the two law firms, your screening procedure should consider their sizes. That's correct—efficiency is not based on size. Some small law firms are supposed to have more extensive resources and can also provide a particular degree of care that larger firms find difficult to match. Find out who in the firm will handle your case by asking more detailed questions. When selecting a big firm, it is essential to find out if a seasoned expert will handle and concentrate on your case alone or with the support of junior attorneys.


Fees: Significantly, several attorneys specializing in police brutality work on a contingency fee basis. Make sure you understand precisely how much of any settlement or award they would get and the expenses you would subsequently be responsible for paying. When feasible, steer clear of oral talks about fees, prices, and expenses. Additionally, be sure that any fee agreements are outlined in writing before signing a retainer.

How Police Brutality Law Firms in Queens Can Help?

These specialist solicitors play a critical role in the pursuit of justice. Usually, they will:

1. Consider your case to see whether it is worthwhile to pursue.

2. Compile proof, such as witness accounts, police records, and any video recordings.

3. Act as your legal representative.

4. Bargaining with insurance providers and municipal authorities

5. If a settlement cannot be reached, proceed with your case to trial.

The good ones know their stuff - they understand the local legal scene and the hurdles involved in suing the NYPD.

The Challenges You Might Face


These cases aren't easy. Here's why:


1. There's something called "qualified immunity" that can protect officers in some situations

2. Other cops might not want to speak up against their colleagues

3. Juries often believe cops over regular people

4. It can be tough to get important evidence, like body cam footage

5. There are strict time limits for filing these cases


What to Expect When You Take The Legal Action?


Here is a general outline of what will happen if you choose to consult with a Queens police brutality attorney:


1. You will talk with the lawyer about what happened.

2. They will interview witnesses and gather evidence as part of a case investigation. 

3. They will file a notice of claim within ninety days if you are suing the NYPD or any other municipal agency.

4. If you are unable to settle, your lawyer will legally file a complaint in court.

5. Both parties shall exchange case-related information.

6. Your lawyer will try to present a deal to settle the case.

7. Should it not work, you will proceed with a trial.

8. After the trial, any party may submit an appeal if there is a good reason.


What You Can Do As A Part of Community?


While holding bad officers accountable is crucial, we must also fight to prevent similar situations from occurring. Here's what we can do.


1. Know your rights when dealing with the police

2. Report and document any misconduct you see

3. Support efforts to improve police neglect

4. Push for policies as a society that change the police

5. Get involved in programs that bring the community and police together


Wrapping It Up


Police brutality is a serious problem that requires knowledgeable legal assistance to resolve. There are many leading Brutality Law Firms in Queens that focus on these complex situations. You should take immediate action if you believe you’re a victim of such a case and need justice. Recall that there are deadlines for submitting claims and that evidence might vanish rapidly.


Ultimately, legal action isn't the only way to address police abuse. It is about uniting as a community to advocate for change. By addressing issues from all fronts—legal action, community participation, and system-wide improvements, you can make Queens a more secure and equitable environment for all.

Tuesday, June 18, 2024

Seeking Justice: The Role of a Wrongful Conviction Attorney in New York

 In the realm of criminal justice, few injustices are as profound as wrongful convictions. Each case represents a tragic miscarriage of justice, where an innocent individual suffers imprisonment for a crime they did not commit. Wrongful conviction attorneys in New York play a crucial role in uncovering these injustices, advocating for the wrongfully convicted, and working tirelessly to restore their freedom and dignity. This blog explores the vital work of wrongful conviction attorneys, their impact on the legal landscape, and highlights Cohen And Fitch's commitment to justice in such cases.



Understanding Wrongful Convictions

A wrongful conviction occurs when an individual is found guilty of a crime but is later exonerated due to new evidence proving their innocence or flaws in the original trial process. Causes of wrongful convictions can include mistaken eyewitness identification, false confessions, ineffective legal representation, prosecutorial misconduct, and inadequate forensic evidence.

Such cases not only rob innocent individuals of their freedom but also erode public trust in the justice system. The aftermath of a wrongful conviction can be devastating, affecting the individual's reputation, relationships, and mental well-being long after their release.

The Role of a Wrongful Conviction Attorney

Wrongful conviction attorneys specialize in representing individuals who have been unjustly convicted of crimes. They possess a deep understanding of criminal law, post-conviction procedures, and the complexities involved in challenging convictions. Their primary goal is to secure justice for their clients by:

  1. Investigating Cases: Wrongful conviction attorneys conduct thorough investigations to uncover new evidence, revisit witness testimonies, and identify procedural errors that may have contributed to the wrongful conviction.

  2. Filing Appeals: They file appeals on behalf of their clients, arguing for convictions to be overturned based on new evidence or legal errors during the trial.

  3. Advocating for Reforms: They advocate for policy changes and reforms to prevent future wrongful convictions, such as improving police practices, enhancing forensic techniques, and ensuring fair trial procedures.

  4. Securing Compensation: In cases where individuals have been wrongfully incarcerated, attorneys work to secure compensation for the time and opportunities lost due to the wrongful conviction.

Challenges and Impact

Challenges faced by wrongful conviction attorneys include navigating complex legal procedures, overcoming institutional resistance to admitting errors, and combating public skepticism. Despite these challenges, their work has a profound impact on individuals and society. Each exoneration not only restores the freedom of the wrongfully convicted but also exposes flaws in the criminal justice system and prompts reforms to prevent similar injustices.

Cohen And Fitch: Leading the Fight for Justice

At Cohen And Fitch, we understand the devastating impact of wrongful convictions on individuals and their families. Our team of dedicated wrongful conviction attorneys in New York is committed to fighting for justice and holding accountable those responsible for miscarriages of justice. We believe in the importance of thorough investigation, relentless advocacy, and compassionate representation to ensure that every wrongful conviction is rectified and every innocent person is exonerated.

Conclusion

In conclusion, wrongful conviction attorneys in New York play a critical role in rectifying miscarriages of justice and advocating for the wrongfully convicted. Their unwavering dedication to uncovering truth and securing justice not only transforms individual lives but also contributes to a more fair and equitable legal system. If you or someone you know has been wrongfully convicted, Cohen And Fitch are here to provide the expert legal representation needed to navigate these challenging circumstances and fight for justice.

Contact Cohen And Fitch today to learn more about our commitment to justice and how we can help in cases of wrongful convictions. Together, we can work towards a future where justice prevails and wrongful convictions are a thing of the past.

Thursday, July 20, 2023

Why Should You Hire a Termination Retaliation Lawyer?

 Losing a job is always stressful, but it may be more distressing if your employer fires you for unjust reasons. In such a case, various individuals choose to take the matter to the legal system, usually by requesting compensation claims from their former employer. Regardless of your circumstances, hiring a termination retaliation lawyer in New York can make the difference between walking away empty-handed and receiving maximum compensation.



However, choosing a qualified lawyer is essential to obtain the best deal possible. There are many reasons why you should consider hiring a termination retaliation lawyer.

To help you comprehend your entitlements and legal rights -

A majority of businesses avoid accountability for illegally terminating employees. One primary reason is that employees need more awareness of their legal entitlements and rights. Many workers, for example, need to be made aware that just a few statutory clauses in their respective state's employment legislation allow for uninformed employment dismissal. Moreover, the legislation requires companies to provide their employees advance notice of dismissal. If an employer violates the statutory limits, he is liable under common law. An experienced termination retaliation lawyer in New York will help you understand your rights and ensure that they are protected.

Harassment and discrimination –        

Employees are frequently subjected to discrimination and harassment. It can include discrimination based on handicap, color, religion, age, or gender, among other factors. In this case, a termination retaliation lawyer can investigate the matter and assess the effects of the discrimination on your promotions, hiring process, salaries, or job assignments. In the instance of sexual harassment or assault, having a lawyer can also be beneficial. It all comes down to having the correct legal professional who understands corporate policies, the harasser in question, and the HR manager at your place of employment.

Violation of public policy –

Under US law and other legislation, employees can't be fired for various reasons. When an employer fires an employee, the reasons must not be contrary to public policy. For instance, an employee cannot be let go because she is pregnant. This law is outlined in the Family Medical Leave Act. According to the same act, an employee can't be fired for having a baby or caring for a sick loved one. Other examples include being unable to fire an employee because they must attend jury duty or have served in the military.

Hostile workplace –

One of the tasks employers are expected to fulfill is keeping the workplace hostile-free. However, there are various situations when even management can contribute to making the workplace unpleasant or even dangerous to work in.

Extreme nepotism, public humiliation, and nonverbal and verbal acts of hostility indicate a hostile workplace. Speaking with an experienced termination retaliation lawyer in New York may illuminate whether the workplace is legally hostile and, if so, what steps must be taken to repair the issue. They can take action to make the workplace safer or seek compensation in the event of targeted hostility.

To hold your employer accountable for illegal discrimination –

It is illegal to terminate an employee because of his nationality, creed, caste, ethnicity, gender, or sexual orientation. Discrimination against workers based on their identification is prohibited and punishable under domestic and international law. However, this racial practice is relatively common in the business world. Employers would frequently give irrational reasons to cover up racial prejudice. When you contact an experienced termination retaliation lawyer, he will delve deeper into your case to determine why you were fired. If aspects of discrimination are discovered, a termination retaliation attorney will hold the corporation accountable for this unjust on your behalf.

Hiring a Termination Retaliation Lawyer-

Are the circumstances under which you were terminated from your job questionable? If you require an experienced termination retaliation lawyer in New York to handle your case, look no further than Cohen & Fitch LLP. Their team comprises highly skilled and knowledgeable attorneys specializing in this field, providing strong representation in New York City. To discuss your case and discover how they can help you, contact (212) 374-9115 and speak with their experienced attorneys.


Monday, December 5, 2022

Why Should You Hire the Finest Gender Discrimination Lawyer in New York?

 What Is Gender Discrimination?

The term "gender discrimination" is used to describe situations in which one person treats another differently just because of their gender at birth. In numerous contexts outside of the workplace, people experience unfair treatment.


If you have been the victim of gender discrimination in New York, the emotional and mental pain will undoubtedly last for months or years. If the situation is serious enough, such as a pay disparity or unfair treatment from upper management, you need to find the finest gender discrimination attorney in New York who has handled similar cases in the past and will return the favor by assisting you in challenging the unfavorable decision made by your side. Continue reading this blog to find out when you should employ a gender discrimination lawyer and how they can assist you in your case.



  1. You believe your gender was a factor in not being hired.

You may have tried applying for jobs and being turned down by companies because of your gender. If this has happened to you, it is likely because gender discrimination is alive and well in the job market. You are not alone in thinking that you will never be able to get a good job if you are female. But there are things that can be done to ensure you get hired when you apply for work.


  1. You feel like your gender plays a role in how you're treated at work.

If you believe that your gender or sexual orientation has affected how you have been treated at work, you should consider hiring the finest gender discrimination attorney in New York. This is due to the fact that a legal complaint can ensure that your rights are safeguarded and that your employer will never again be able to get away with unfair treatment.



How Can A Gender Discrimination Attorney Help You?


  1. Equal Pay and Equal Opportunity

Equal pay for equal work is a form of discrimination that is sometimes viewed as a covert form of sexism. The purpose of the law is to ensure that all employees, regardless of gender, sexual orientation, or race, are paid the same amount for the same work. Multiple court cases have been won on this specific issue, resulting in more diverse workplaces and greater equality overall.


The Equal Pay Act provides safeguards for a variety of forms of payment, such as:


  • Bonuses

  • Commissions

  • Stock options

  • Salary pay

  • Vacation and holiday pay

  • Benefits

  • Profit-sharing

  • Overtime


  1. Decision-Making In Employment And Promotion

Many people, primarily women, are denied employment opportunities even when they are competent. Several examples relate to this unlawful hiring practice. For instance, some qualified women are passed over for opportunities because the business or its clientele prefers dealing with men. Another discriminatory practice is firing women when a corporation downsizes rather than males who are less competent for the position.


Promotions are probably the most famous instance of gender discrimination in the workplace. Female employees who work hard and achieve success frequently miss out on well-deserved promotions due to their gender. As a result, even highly decorated employees struggle to advance, while frequently less qualified or successful male colleagues succeed more easily and receive more pay.


  1. Employee Perks

Healthcare and life insurance benefits offered to employees are common examples of gender discrimination. When it comes to healthcare and life insurance, the corporate charter of many businesses favors male employees. Some organizations, for instance, do not provide healthcare coverage for male spouses of female employees because it is assumed that the male spouse has his own health insurance. This may be an instance of discrimination when male employees of an employer are permitted to seek healthcare coverage for their wives.


  1. Pregnancy Discrimination

Another instance of gender discrimination in the workplace that can be particularly challenging and painful to cope with is pregnancy discrimination. Numerous safeguards against discrimination based on pregnancy, childbirth, and other associated situations are provided under the Pregnancy Discrimination Act. Hiring conditions, maternity leave, temporary disability, health insurance, and perks are a few areas where pregnancy discrimination is connected.


Employers cannot reject an application from a woman who is pregnant or who intends to become pregnant. Before the Pregnancy Discrimination Act, it was common for employers to reject hiring women because a woman might become pregnant in the future, and providing for a pregnant employee's healthcare would incur additional expenses that the firm did not want to incur. Unfortunately, numerous pregnant women still experience discrimination in the workplace.


Conclusion


Are you tired of feeling as if your management gives you different duties and responsibilities? 

Or if you feel that other employees treat you differently because of your gender?

If so, please contact Cohen & Fitch LLP. Unfortunately, your matter will not be rectified until you take quick action and contact them. Their finest gender discrimination attorneys in New York will handle everything on your behalf. Visit the
website for additional details!

Tuesday, July 26, 2022

How to get the best criminal defense lawyer for your case? Here are some pointers!


Choosing a criminal defense lawyer for your case can be quite tricky, but it is also imperative that you have the best defense in your case. Finding the right criminal defense lawyer after being accused of a crime is one of the most challenging aspects preceding case filing.

Here are some of the tips that can help you select the best criminal defense attorney. Please have a look!

Hire a criminal defense attorney that specializes in the area of defense you require!

Simply hiring any criminal defense lawyer is not going to be beneficial. In many areas, such as family law, civil law, criminal law, etc., various lawyers specialize. Therefore, you must hire a lawyer specializing in a particular area of criminal defense such as DUI, murder offenses, sex, drug offenses, etc.

  • Look for prior experience of the lawyer

    If you are facing any criminal charges in New York, you must hire New York criminal defense attorneys with prior criminal defense experience. A criminal lawyer may represent a business client with a DWI charge or a minor misdemeanor.

    Only a criminal lawyer understands how to build a defense and prepare for a criminal trial. When looking for a criminal law attorney in New York City, it's crucial to be particular in your online searches, references, and brochures.

  • Ask questions and discuss your case with a criminal lawyer

    In most cases, the initial consultation plays a significant role in deciding whether they want to go ahead with the case or not. Ask questions like who will be working on your case, the attorney’s experience level, how much time the attorney will be putting into your case, and so on.

    That should be good if you are comfortable talking to them and have received satisfactory answers. Apart from this, you also need to discuss your case with the specialist and get their viewpoints on it.

  • An attorney needs to be responsive

    When you are facing any criminal charge, time is of the essence. Time lost means case lost. In other words, you'll need New York criminal defense attorneys who are ready to get to work as soon as your case is filed. When you contact a lawyer, they should respond to you quickly.

    Their legal team should be quick enough to arrange a meeting with you within one day. If they are quick to answer your phone call or email, they will probably be equally on the ball when defending your case.

So, these are some of the tips that can help you select the best criminal defense lawyer. If you are also searching for the best attorney in NY, consult our team at (212) 374-9115 for expert guidance!


Monday, February 28, 2022

How to Best Support a Victim of Police Misconduct?


With the rising cases of police brutality amongst people of color in the United States, the law enforcement system is under constant scrutiny. Excessive force used by police officers during routine questing, arrest, etc., is increasingly becoming the cause of stress and anxiety, especially for the minorities. During these unfortunate events, if a loved one or an acquaintance of yours is a victim of police brutality, support and compassion are what they need from you, followed by guidance by experienced police misconduct attorneys in New York. Outlined below are some of the best ways to help by offering personal support to a survivor of police misconduct:

  • Sharing the Experience- Acknowledging the traumatic incident in its raw, brutal form may be difficult for many; however, sharing the incident by narration can be a good start. For this, they need a safe space among family, friends, and their civil rights attorneys in Manhattan to go through the incident in detail. Some may find it easy to acknowledge the misconduct and be ready to take the next step towards healing, while others may have first dealt with denial and minimization of the issue. In both cases, the survivor must feel safe at all times as they are encouraged to confide in their trusted group.
  • Dealing with Negative Emotions- Reflecting back to the rising incidents of police misconduct against minorities, the victims soon become aware of this factor and suffer a myriad of self-deprecating emotions. Shame, self-blame, and internalized racism are some of the self-destructive attacks that the survivor deals with on a daily basis. The struggle intensifies as the victim will have to face these emotions in real-time over and over again, as they face the abuser and fight for their civil rights and attain justice in court.
  • Coping with Anger- it has been seen by experienced civil rights attorneys in Manhattan and trauma counselors that when processing any form of trauma, self-blame and internalized devaluation often stem to make sense of the causal factors. For example, victims of police brutality may experience their ethnicity or race as a reason why they were abused, and this self-blame soon manifests itself into anger or rage in an unhealthy way of coping. Therefore, experts recommend that all trauma survivors seek professional care to help them diverge onto healthy and sustainable coping strategies, identify and validate their feelings, and channel them in healthy ways to prevent self-destructive behavior.

Survivors of misconduct at the hands of law enforcers can be a challenging experience as the victim fights for justice in court and also internally deals with the emotional aftermath of the trauma. Seeking guidance and counseling from a compassionate and experienced team of police brutality attorneys in New York is a great first start towards a healing process.


Wednesday, February 2, 2022

3 Vital Question To Ask Your False Arrest Lawyer.

False arrest is the act of detaining an individual on false accusations, restraining his liberty. It is an abuse of power that severely harms the victim is often considered the same as kidnapping. Most often, a false arrest is attempted by a law enforcer, i.e., the police. Alternatively, civilians also have some rights to detain a suspected person, however, only with genuine cause. Some false arrests are also attempted by security guards who, although responsible for security, constitute a false arrest if the victim poses no real threat. Thus, if you find yourself in a similar unfortunate situation, here are some crucial questions to ask your false arrest lawyers practicing law in Brooklyn:

Q. How much expertise do you have in criminal law?

A. The experience and knowledge of your lawyer can be the difference between you serving a sentence for something you didn’t do or you walking free of all false convictions. Hence, this is the most important question to ask, so you get to know your potential lawyers’ expertise and track record in similar cases to yours. Always choose lawyers who are dedicated their practice to criminal law as they are your best bet to victory.

Q. Should I talk to the police?

A. While the general recommendation is always to make a statement with the police with your lawyer present, your situation due to being already arrested could be different. Nevertheless, once you’ve hired false imprisonment attorneys from Staten Island, it’s best not to make new or alter the previously recorded statements unless your lawyer suggests so. In addition, it’s is important that any false accusations that led to your arrest aren’t fortified with your confusing statement. So, refrain from saying anything without your lawyer present.

Q. Who will take charge of my case when it proceeds towards court?

A. Many large law firms have a huge number of active cases, which is why most new cases are initially attended to by a junior associate and get handed over to a senior attorney or a case manager when the court date approaches. Hence, enquire about the procedure that is practiced by your hired team of lawyers. Additionally, it is important to maintain transparency with your false arrest lawyers so that you don’t miss any deadlines for documentation or miss any loopholes.

An experienced team of false imprisonment attorneys from Staten Island, NY are key players in ensuring that your case is strong and you get the justice you deserve. Thus, choose your team carefully!


Monday, December 20, 2021

Have You Been Caught Driving with a Suspended License? Seek Legal Assistance!

If you drive a car or drive professionally for work, it is essential to renew your license promptly. However, if you fail to renew your license or get your license suspended due to a violation of traffic laws, DUI, or any other reason, you can get in a lot of trouble. When a person gets caught driving with a suspended license, they may get severe penalties such as extended license suspension, monetary fine, and even time in jail. You may also face trouble in getting your license reinstated. Thus, it is best not to ignore the consequences of driving with a suspended license. It is recommended to consult with a criminal defense attorney in NYC for legal assistance if you get in trouble for driving without a valid license.

Criminal Defense Attorney NYC

Whether you or your loved one made a mistake and now facing criminal charges, you should consider getting legal assistance from a criminal defense attorney. Criminal defense lawyers provide invaluable legal advice and help you build a solid defense to avoid spending a long time in prison. Therefore, if you get in trouble for a minor DUI or get your license suspended, it is best to find a criminal defense lawyer who can guide you navigate the legal proceedings. 

When your driver’s license has been revoked in New York, criminal defense attorneys can help you get the license reinstated after a specific time and guide you about the next steps to avoid further consequences. They will also help you ensure that all the legal requirements are met. Also, if you have a valid reason for the violation, the criminal defense attorneys in NYC can help you get a reduced sentence. 

Getting your license reinstated can be challenging as each state has unique traffic laws. However, criminal defense lawyers are well-versed and equipped with all the resources needed to build a strong defense case to get approval from your local state’s DMV, provided you don’t have any other outstanding fines. So, if you have been in trouble for DUI or driving with a suspended license, get in touch with our experienced team of criminal defense attorneys in NYC for expert assistance!


Tuesday, October 12, 2021

What To Do If You Witness Police Brutality!!

Since that fateful day when George Floyd was brutally murdered by a Minneapolis police officer, the debate regarding the bystanders’ power and powerlessness both has been aflame. If it weren't for a witness who filmed the entire incident, the case would have probably never seen the light of the day. Therefore, as the world came forward in support and agitation against the racial discrimination and increased incidents of police misconduct, brutality lawyers in Brooklyn take a stand to advise witnesses and how to react.

Being a victim of police misconduct can be unimaginable. But, if you are a bystander, the feeling of powerlessness can be crippling as there seems to be nothing one can do. Fortunately, there are some ways that you can be of help to a victim of police brutality.

Police Misconduct Attorneys New York

According to expert police misconduct attorneys in New York, a citizen can legally make an arrest. Hence, can also intervene to stop a police officer from harming a fellow citizen. However, it may not always be safe. So, you can do the following things in your power to fight against the abuse of power by police personnel.

  • Maintain a safe distance and record what is happening. The urge to intervene and save a life can overpower anyone. However, you may be arrested for doing so and might even be killed if you are a person of color. Therefore, the best thing to do is keep a safe distance pull out your phone, and fill the entire incident. Most importantly, do not let anyone tell you that you can't use your rights of recording a public incident. In fact, narrate what happens simultaneously as it can benefit the victim’s case in front of a jury.
  • Details matter. As you record or narrate the incident, try to focus on the details like the arresting officer’s name or badge number, etc. Even if you are at a distance, try to note the description of the offender if you are comfortable as this may be vital in proving your stand in front of a jury.
  • Call the police on a police officer. Yes, this may sound absurd, but not all police officers are the same. Hence, call another officer if you witness a police officer abusing his or her power. So, call 911 dispatch and report the incident immediately as this can help dissipate the situation and save the victim’s life.
  • Wait before you post the video. Your instinct may be to live stream the whole incident to the world but it may not be safe for you as you may bear the brunt of the whole world for recording the incident instead of helping the victim. So, to avoid being subjected to cyber harassment and trolling like the minor who filmed the George Floyd incident faced, take the video to the victim’s attorney as substantial evidence rather than sharing it with the world instantly.

Therefore, the power of a witness may seem cloaked in the heat of the incident. However, you can still be of help to a victim if you remain calm. So, if you ever witness any such incident, whether it is against a stranger or someone you know, take the information to Cohen & Fitch LLP to help the victim get the justice they deserve. Contact our team to know about the legal proceedings of filing a report against police brutality.

Tuesday, September 7, 2021

What Happens During A False Arrest

The fourth amendment law gives a citizen the right to be free of search and seizure without a court-issued warrant. Without a legal warrant of a search or arrest, law enforcers cannot search a person, their vehicle, or enter the house without their permission. Doing so is a clear violation of their right and the victim of such treatment can press charges or raise a complaint with the police department.

A false arrest is similar to false imprisonment in some respects. According to false arrest attorneys, if a false arrest is committed by police authorities and the person has suffered physical harm, emotional distress, or other damages due to the false imprisonment, they can file an intentional tort personal injury claim against those responsible. The only legal difference between false arrest and false imprisonment is that an arrest may start out legal but may turn into false imprisonment due to the behavior, evidence produced, or other laws violated at the hands of police authorities.

False Arrest Attorneys

Under legal definitions, an arrest can be termed as false when the police obtain a warrant with incorrect information, whether by negligence or deliberately, and then act on the warrant unlawfully to:

  1.  Arrest,
  2.  Detain,
  3.  search the person, their home or car, etc.,
  4.  Attempt to prosecute the person in the court of law,

Your false imprisonment attorney can contest the case and prove that the circumstances of the evidence collected presented at the time of arrest are circumstantial, incorrect or unlawfully obtained, making you eligible for compensation for the damages suffered by you. 

How to handle a false arrest?

As ruled by the law, a person being arrested first must be informed that he or she is being arrested. Whether it is the law enforcers or a private citizen making the arrest, they are under the obligation to announce their standing, the cause of arrest, and administer the Miranda Rights to the suspect. 

Thus, in the event that you are faced with such a circumstance, here are 3 things to do that will make your case stronger:

  • Do not resist the arrest. Even if you are fully confident of your innocence, or feel that you are being framed; under no circumstances should you try to escape an arrest. It will help your case later if you follow the instructions laid out by the arresting authority and do not fight back in any verbal or physical manner.
  • Your right to remain silent. When the Miranda Rights are administered, by the arresting authority, follow it by staying silent for it can and will be used against you in the court of law.
  • Your right to an attorney. Once the arrest has been made and you are brought to the police station, you do not have to indulge in any interrogation without the presence of your lawyer. Even if your fourth amendment has been violated, with a false arrest, you can still demand a lawyer to be appointed to you or call your own false arrest attorney to handle your case further.

False imprisonment can be a stressful time for anyone. Hence, it’s crucial to stay calm and work to prove your innocence with an experienced false arrest and imprisonment attorney. Cohen & Fitch LLP is a team of highly reputable lawyers with multiple wins under their belts ready to represent you. So, call our offices to discuss your case at the earliest.

Sunday, July 25, 2021

What You Need to Know About Wrongful Police Shootings in the U.S.

Among all the incidents of civil rights violations at the hands of law enforcement personnel, wrongful police shootings are possibly the most tragic ones. Increasing numbers of wrongful shootings are claiming the lives of hundreds of innocents and leaving many more with life-long disabilities. However, with the guidance of experienced police shooting attorneys, families of victims are coming forward to fight the system which was meant to protect their loved ones.

What constitutes wrongful shooting?

The use of lethal force by law enforcement, more than reasonably necessary, is termed as wrongful shooting. The police force can justify using firearms only if:

  • There is an imminent risk to their life or the safety of others;
  • The suspect is a former convict and is posing a threat;
  • The suspect in question opened fire on being asked to surrender.

Apart from these situations, all shootings constitute misconduct by the police force and a violation of the citizen’s civil rights and the Constitution.

National cases like Michael Brown, Tamir Rice, and Philando Castile opened the problem of police shootings to the worldview. A survey conducted to study similar wrongful deaths reported that African-Americans are more likely to get fatally shot, although they were statistically less likely to be carrying illegal items.

Know your rights.

As a citizen of the U.S., you enjoy equal civil rights irrespective of your race, color, gender, or religion. And if your rights were violated on unjustified grounds, you are entitled to compensation. Furthermore, in case of death after shooting, the victims’ families are eligible to file a lawsuit.

The unfortunate reality of the issue is very grim. Research conducted by BGSU reported that in the cases where an officer has been convicted, it is often for a lesser offense. Only four officers have been convicted of murder (there were four officers whose murder convictions were overturned, but the officers were later convicted of federal crimes arising out of the same incident). 

However, wrongful police shooting lawyers in NYC like Cohen & Fitch LLP can represent your case to the state, contesting your violated rights and demand compensation. In such cases, your attorneys will prove that the officers in question knew they were dealing with someone who did not pose a threat to themselves and others, but the officers opened fire anyway. If and when proven, you will be compensated for damages, lost companionship, pain, and suffering.

So, schedule an appointment with Cohen & Fitch to get proper guidance for your case.

Wednesday, June 2, 2021

How to Take Legal Action Against Police Brutality?

Every day new cases of police brutality are emerging in the U.S. The recent increase in police brutality necessitated the government to make stricter laws to prevent police brutality. Although police officers are supposed to protect and make people feel safe, some police officers still constantly engage in police misconduct. As per federal laws, it is unlawful for state or local police officers to continually misuse their position and violate a person’s legal rights by using brute force, harassment, false arrests, unlawful stops, searches, or arrests.  So, if you or your loved one has been a victim of police brutality, you can consult with New York City Police Brutality Attorneys for legal guidance. 

Following are the legal actions you can take against police brutality:

  • Filling an internal complaint

Police stations have a system in place for dealing with police officers who misuse their power. So, if you encounter police misconduct, you may notify the police station authorities by filing an internal complaint. Initially, the department will internally investigate the complaint, which may lead to the police officer’s suspension, termination, or a warning, but it does not provide any compensation for the victim.

  • Filling a criminal complaint

If the police misconduct includes excessive use of unreasonable force, i.e., police brutality, sexual assault, false arrest, or even results in physical injuries to the victim, it could be considered as grounds for taking the case to legal trial against the assaulting officer. However, before filing a criminal complaint, you will need to look for experienced Brutality Law Firms in Queens, NY, to get valuable legal guidance and an attorney who can represent you in the court of law.

  •  Find a brutality lawyer

If you have damning evidence of the police misconduct and brutality against the assaulting officer, it is crucial to find an experienced police brutality lawyer to file a legal claim. A legal claim can help the victims collect monetary compensation for their suffering and subjects the accused to legal repercussions.

If you have been a victim of police brutality, consult with experienced New York City Police Brutality Attorneys for expert legal assistance. Get in touch with our team to schedule a consultation.

Understanding Police Brutality Cases and Legal Support From Law Firms in Queens

Communities and families can be destroyed when law enforcement officials misuse their authority. There are many such incidents of police bru...