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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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Thursday, December 8, 2016

RECORDING THE POLICE


In a disturbing opinion, that has far reaching implications, District Judge Kearney of the Federal District Court for the Eastern District of Pennsylvania held that citizens have no First Amendment right to record police activities absent a “stated purpose of being critical of the government.” The decision is Fields v. City of Philadelphia, 166 F.Supp.3d 528 (E.
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Friday, November 25, 2016

Chemical Tests and the Fourth Amendment


Birchfield v. North Dakota

579 U.S. __ (2016)

Decided June 23, 2016

In a recent U.S.


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Friday, November 11, 2016

WAIVING YOUR CIVIL RIGHTS


What is A Civil Right?

              Generally, a Civil Right is one that has been established and guaranteed by the first ten Amendments to the United States Constitution (known as the Bill of Rights), as well as those rights enumerated under the Civil Rights Act of 1964.  The Civil Rights Act was a landmark piece of civil rights and US labor law legislation that bans discrimination based on race, color, religion, sex, or national origin.  However, the courts have significantly expanded the definitions within the Civil Rights Act and those under the Bill of Rights.

What is a Waiver?

              To waive something simply means to give-up or pass over something which you would have otherwise been entitled to.

Can You Waive A Civil Right?

              Absolutely.
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Friday, November 4, 2016

CLIENT FIRST


              The legal system is an adversarial one.  The parties to any legal action are, by very definition, opposed to one another.  The plaintiff/prosecution and the defense have the responsibility for finding and presenting evidence.  No one is holding the other’s hand.  Each side is advocating for their own interest.
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Friday, October 28, 2016

SUING NEW YORK CITY


I Want to Sue The City

              If you wish to bring a lawsuit against New York City or other such municipality, there is an initial hurdle everyone must walk through – the Notice of Claim.

What is a Notice of Claim?

              In New York, the law provides that within 90 calendar days of the incident which is the basis for the lawsuit, you must give notice to the municipality.  Then, after such notice, the municipality has a right to conduct a hearing within a period of time.  The Notice of Claim works as a pre-litigation tool allowing for offers of settlement prior to going to court. 

              Once you bring a Notice of Claim, you have one-year and ninety-days to sue in court.


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Friday, October 21, 2016

MISSING COURT

            What Happens If I Miss My Court Date?

              It is always important to make all of your court dates.  However, sometimes you miss a date.  In a Criminal Court Case, if you miss a day you are to appear in front of the judge, it is highly likely that you will have a Bench Warrant issued for your arrest.

            What is a Bench Warrant?

              A Bench Warrant is an order, issued from a sitting judge stating that you have a warrant for your arrest and that after such arrest you are to be produced to that court from which the warrant issued.

            What Happens If I Get A Warrant?

              Once a Bench Warrant is ordered, the police will have access to it.


Read more . . .


Friday, October 14, 2016

WORKPLACE BULLYING


In an era where many of us spent most of our time at work, the workplace has literally become a second home.  Often, we spend more hours in the office during a calendar year then at home.  It is extremely important that the workplace be one that conveys the same sense of safety and security as we have at home.  Yet, frequently that is not the case.  A hostile work environment, resulting from workplace bullying, is unacceptable.
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The Law Office of Jacob Z. Weinstein, PLLC serves clients throughout Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Nassau County.



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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.