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Weinstein Law Blog

Friday, July 22, 2016

Aggressive Change

Perhaps now, more than ever, a revitalization and zeal regarding our Civil Rights is needed.  This week alone, multiple clients contacted me regarding egregious and wrongful police conduct.  Moreover, none of these wrongs will make the news.  They are simply too small in scale because, no one was killed or shot.  At this point, to be news worthy, a black man must be shot while laying down on his back with his hands in the air.


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Friday, July 15, 2016

Damages Are Key


When considering a civil case, of any sort, damages are extremely important.  In truth, an experienced attorney is the one who is best suited to determine damages.  Without a proper evaluation, your case will not hold water in the end.  It is possible that you may win a case on liability – meaning that the other side did a wrong to you – yet, there are no damages and thus no value at the end.  There are myriad of different kinds of damages, some examples are:

  • Injury
  • Loss of earnings
  • Specific performance
  • Compensation for a loss

When you have suffered and wish to be made complete again – that is where the damage evaluation comes into play.
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Thursday, July 7, 2016

Standing Up


This week has been insane and it is only Thursday.  People are and should be screaming from the streets.  But this is more than injustice and wrongful police conduct. 

Lawyers are in a unique position to protect and represent others.


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Thursday, June 30, 2016

The Feds on the Street


Expansion of the Hobbs Act

In Taylor v. U.S., the Supreme Court of the United States significantly expanded the bounds of federal jurisdiction over robberies.  Under the Hobbs Act, it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction.


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Wednesday, June 22, 2016

A Corrosion of Our Civil Liberties


AFTER UTAH V. STREIFF, WHAT NOW?

On Monday, June 20, 2016, the United States Supreme Court came down with a striking and transformative ruling regarding the Fourth Amendment – the right to be free from unreasonable searches and seizures.

In short, the Court held that when the Police conduct an illegal stop without flagrant police misconduct, and a valid warrant is found, the police may search the individual stopped.  Moreover, the evidence recovered may be used against the person stopped. This is a significant and far reaching blow the fruit of the poisonous tree doctrine within Fourth Amendment Jurisprudence.
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Friday, June 17, 2016

Supreme Court Further Defines Fraud Under the False Claims Act


Defining Fraud in Cases of Misrepresentation by Omission and the Importance of Materiality

The Supreme Court of the United States has further clarified the definition of fraud under the False Claims Act.  


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Thursday, June 9, 2016

Contacted by Police

Most of us were raised to trust the police.  We naturally believe that if an officer, detective or agent is calling us about an “investigation,” that we should “cooperate.” For most of us, it would not even cross our minds that in most cases, the result of the investigation have already been decided.

What do I mean?  I am talking about one of the most confusing and simplistic police tactics out there: making direct contact with the soon to be defendant and simply telling them “we need to talk at the precinct.”  It is no fault of law enforcement that they do this.


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Thursday, April 28, 2016

Welcome

Welcome to my new website and blog.  Please check back regularly for new information and updates.


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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.