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Weinstein Law Blog

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.


Read more . . .


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.
Read more . . .


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

Ex-Nassau County Police Officer to Sue New York City for $10M After False Charges


The Law Office of Jacob Z. Weinstein, PLLC is bringing suite against the City of New York, and others, involved in the unlawful and grossly improper arrest of a former police officer.  Below is a link to an article about the matter.

http://www.nydailynews.


Read more . . .


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.
Read more . . .


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.
Read more . . .


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.


Read more . . .


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.
Read more . . .


Friday, October 7, 2016

PRIVATE COMPLEX CIVIL FRAUD


              A specific aspect of my practice focusses on private complex civil fraud.  Think a Madoff-ish case.  These cases are extremely taxing and interesting. 

What is a “Typical” Case?

              The typical case is where individual(s) claims to be collecting money for a larger company.  Often, these individual’s pray on their own ethnic groups, taking advantage of the implicate trust in such relationships.
Read more . . .


Friday, September 30, 2016

EXPERIENCE IS KEY


I regularly go up against large corporations and municipalities.  As such, I am fighting some of the largest and well established law firms for my clients.  Amazingly, I find many of these firms do not live up to their name.

Generally, an associate attorney, who may have come from a big-name law school, is the true lead attorney on the case.  The extremely important task of Motion Practice is primarily in the newer attorney’s lap.
Read more . . .


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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.