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Thursday, March 8, 2018

AVVO Rating

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Monday, February 12, 2018

Important New Policies For The Manhattan District Attorneys' Office

The Following Comes Directly from the Manhattan District Attorney’s Office:

I. NYC Subway Farebeats – Decline to Prosecute All Cases (with very limited exceptions) Effective 2/1/18

Penal Law § 165.15(3)

Effective Thursday, February 1, 2018, the Office will decline to prosecute all NYC subway farebeats (where there are no additional charges besides trespass) regardless of criminal history, unless the person poses a public safety concern: 1) any prior violent felony or A-I (non-drug) conviction, unless the sentence was completed more than 10 years ago; 2) any prior sex crimes conviction, felony or misdemeanor; 3) a CSU arrest alert for “Gang Alert” (any county), “City-wide Multi-Hit List,” or “Priority Felony Recidivist Alert;” or 4) if there is any additional information from the NYPD or from our Office that the individual is a driver of crime, and we agree with that assessment. We have given the NYPD advance notice of this new policy.


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Thursday, January 11, 2018

"New" Bail Rules In Manhattan For Misdemeanor Cases

The "New" Misdemeanor Bail Guidelines issued by the Manhattan DA's Office

As has been recently reported: the Manhattan (and Brooklyn) District Attorney's Office are claiming to end bail in non-felony cases - this is simply not true. As you will clearly see The numerous exceptions swallow the rule. And almost all of the numerous exceptions seem to have no real correlation to the only lawful purpose for bail in New York State: ensuring the defendant's return to court.


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Monday, November 6, 2017

Set Up By The Government


Can the Government Set Someone Up?

Yes.  The government regularly fabricates crimes.   One of the most common government created “crimes” employed by the Federal Government is a fabricated robbery of fictitious “stash houses.”  This is a trick that has been used by the Drug Enforcement Agency (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other law agencies with great success since the 1980s, despite that is constitute outrageous Government conduct.

What is a Stash House?

Virtually all stash house robberies have two common themes:

  1. a paid snitch seeks out vulnerable targets (usually poor, uneducated, minority men - many without any prior criminal record) with fairy-tale promises of great wealth and easy pickings to help rob a private, lightly-guarded home where huge stashes of drugs are being stored; and
  2. Once the marks arrive at the non-existent stash house they are immediately arrested by waiting Federal agents and charged with conspiracy to possess with intent to distribute a quantity of drugs that is always stipulated by the Government agents - and always in amounts to assure that the “crime” will trigger at least a 20-year mandatory minimum sentence.

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Tuesday, May 9, 2017

Lawsuit Filed Because of Off Duty Cops Road Rage


Lawsuit Brought Against City for Sergeant’s Road Rage

In a case where an off duty cop's road rage could have led to the death of a civilian, a civil rights lawsuit has been filed in Manhattan Federal Court by The Law Office of Jacob Z. Weinstein, PLLC.

In March of 2016, Mr. Arthur Berkovitz was traveling on the FDR when he was accosted by a Jeep with signs of road rage


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Monday, February 6, 2017

President Trump's Executive Orders - Some Guidance


The recent Executive Orders are evidence that you need a strong and dedicated attorney fighting for you, every step of the way.

The Executive Orders:

On January 25, 2017, President Trump signed two executive orders (EOs) on immigration policy. These orders directed the Department of Homeland Security (DHS) to enlarge the deportation dragnet and further militarize the southern border of the U.S. The administration expanded the group of people who will be priorities for deportation, specifically noting “removable” immigrants who have been accused or convicted of committing criminal offenses.
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Friday, January 27, 2017

Skin Tone Based Discrimination


In a recent and important civil rights decision, New York State’s highest court, the Court of Appeals, found a basis of discrimination relating to skin tone, irrespective of the person’s race or national origin.

How Does Skin Color / Tone Play a Part in Discrimination?

            The Decision, People v. Bridgforth, 2016 NY Slip Op 08586, addressed a Batson v. Kentucky challenge where the prosecutor has raised preemptory challenges, occurring during jury selection, against dark-skinned women.  The defendant is a dark-skinned male of African American decent.


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Tuesday, January 10, 2017

Guest Blogger: Inna Vernikov

As a guest blogger, this is attorney Inna Vernikov's blog and media:

http://vmlawnyc.com/media-blogs/


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Friday, January 6, 2017

Former NYPD Officer Sues NYC and DA's Office for Malicious Prosecution


NEW YORK, NY – January 6, 2017 -- A former New York City police officer has filed a $10 million federal law suit against New York City, Manhattan District Attorney Cyrus R. Vance, Jr., and five assistant district attorneys, including the Chief of the Rackets Bureau, alleging the retired officer’s civil rights were violated by the DA’s abuse of process and gross negligence, when they were wrongly accused in a Social Security disability scam in a frenzy for public attention.

Darlene Ilchert, a 53-year-old resident of Nassau County, was arrested in 2014 as part of an indictment of 106 defendants, many police and firefighters, for alleged massive fraud against the federal Social Security Disability Insurance Benefits program. Ilchert was charged with one count of Grand Larceny in the Second Degree and one count of Criminal Facilitation in the Fourth Degree.


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Wednesday, January 4, 2017

Retired Officers Sue NYC For Malicious Prosecution


Wrongly Accused in 9/11 Social Security Scam,

Three Former Cops Sue DA for $30 Million

NEW YORK, NY – January 4, 2017 -- Two former New York City police officers and a retired Nassau County cop have filed a $30 million federal law suit against New York City, Manhattan District Attorney Cyrus R. Vance, Jr., and five assistant district attorneys, including the Chief of the Rackets Bureau, alleging the retired officers’ civil rights were violated by the DA’s abuse of process and gross negligence, when they were wrongly accused in a Social Security disability scam in a frenzy for public attention.

The three, Philip Blessinger, 66, Scott Greco, 52, and John Byrne, 50, were arrested in 2014 as part of an indictment of 106 defendants, many police and firefighters, for alleged massive fraud against the federal Social Security Disability Insurance Benefits program. The three were each charged with one count of Grand Larceny in the Second Degree and one count of Criminal Facilitation in the Fourth Degree.


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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.