Criminal Law Blog

Sunday, September 28, 2014

Queens Police Misconduct Lawyer Files False Arrest Complaint

Queens false arrest attorney, Michael Redenburg, filed a Complaint in the Eastern District of NY alleging numerous causes of action on behalf of his client Carlos. The filing is 14-cv-5670 and it contains numerous causes of action, including unlawful search and seizure, false arrest, failure to intervene and a Monell Claim against the City of NY. The City of New York and the yet to be named individual officers are named as defendants.

Allegations Within the Complaint
Carlos and his friend were in Far Rockaway, Queens NY and on their way to grab a bite to eat at a Subway when the Incident took place. Neither Carlos nor his friend did anything wrong when 3 undercover NYPD agents jumped out of a blue vehicle and instructed Carlos and his friend to stop. Next the plain clothes officers asked Carlos and his friend what they were doing. Soon thereafter, Carlos and his friend were handcuffed and placed under arrest.
Carlos was taken to a Queens precinct where he was processed before being transported to Central Booking. Once before the judge in Queens Central Booking, his publicly appointed lawyer advised him to accept an ACD, which the prosecutor offered. Carlos refused this offer though because he had done nothing wrong. After two court appearances, all of the criminal charges which had been levied against Carlos were dismissed in their entirety. The instant lawsuit followed.

Michael Redenburg represents Carlos and maintains an office in Lower-Manhattan. Attorney Redenburg appears in Federal Court on a regular basis representing victims of the NYPD. In 2014, Michael Redenburg was named a Rising Stars SuperLawyer by Thompson Reuters and no more than 2.5% of the lawyers in the New York Metro area are selected for this prestigious award, which is based on nomination and peer review. 

Friday, September 26, 2014

Daughter of Indian Diplomat Receives Settlement in False Arrest Case
False arrest can result from a number of circumstances.  Two of the most common situations are those where individuals are arrested based on their race, religion, sex or age or based on a mistaken identity.  When someone is falsely arrested, they might be entitled to compensation for their injuries.

In 2011, Krittika Biswas, daughter of an Indian diplomat, was attending John Browne High School in Queens.  During this time, someone sent sexually explicit and harassing emails to multiple teachers at the school.  The honor student was suspected of committing this crime.  She was arrested, booked and incarcerated for 28 hours based on these allegations.  While incarcerated, she was not allowed to see her family or the Indian diplomats that came to where she was being held.  She was eventually released and the New York City Police Department (NYPD) later discovered that another student was responsible for the emails.

Krittika brought a lawsuit in the United States District Court for the Southern District of New York against The City of New York, the NYPD and the Board of Education.  She sought compensation for false arrest, wrongful imprisonment, and disciplinary actions taken against her by the school.  She claimed that ethnic discrimination was the real reason she was suspected and arrested for the crime.  Her attorney later said that her arrest was based on mistaken identity.  

After a few years of litigation a settlement has been reached.  The City of New York has agreed to pay Krittika $225,000 to compensate her for all of her claims.  Her attorney has cited political concerns as inspiration for the settlement.  

False arrest can be a traumatizing experience and a knowledgeable attorney can help get you the compensation you deserve.  If you believe that you have been falsely arrested you should seek the advice of a qualified attorney.  Call New York City criminal defense attorney Michael J. Redenburg at (212)240-9465 for a consultation today.  

Thursday, September 25, 2014

Queens Stop & Frisk Lawyer Files Suit on Behalf of Man Assaulted By NYPD

Queens Stop and Frisk Attorney, Michael J. Redenburg, has filed a Complaint in the Eastern District of New York on behalf of a twenty-five (25) year old African American man who was unarmed at the time he was physically assaulted by the NYPD. The Complaint is civil action 14-cv-5638 and contains numerous causes of action to include false arrest, failure to intervene, unreasonable search and seizure, unreasonable force & assault and battery under New York State Law.

According to the allegations within the federal court filing, Torin R., who resides within the Woodside Houses, which are NYCHA residences located in Woodside, Queens, was lawfully gathered with some friends and sitting on a bench when he observed uniformed NYPD officers approaching. Like many young men of color living in the City of New York, Torin reports that he was, and indeed, still is, afraid of the police because, "they like to play rough," so he began to walk away. All of a sudden and without warning, Torin was tackled from behind by an NYPD agent and the "take down" caused Torin to hit his head on the ground, causing an abrasion. Once Torin was on the ground with his hands behind his back, and duly restrained, an NYPD officer punched him in his right eye with a closed fist, which caused Torin to bleed. Torin was then transported to the hospital so that his facial laceration could be tended to and he received three (3) sutures.

After his wounds were tended to by medical professionals at Elmhurst Hospital, Torin was transported to Queens Central Booking to await arraignment. Once before a criminal court judge, Torin learned that he had been criminally charged with criminal possession of marijuana and resisting arrest. At arraignment, the criminal case was adjourned in contemplation of dismissal and a lawsuit followed.

Tuesday, September 16, 2014

Driving School Scheme Leads to Criminal Charges
Crime comes in all shapes and sizes.  Some crimes happen out on the street, others in the home and some happen inside offices.  Crimes that happen in relation to someone’s occupation are often financially motivated and can cost those involved alarming amounts of money.  This type of crime is highlighted in a recent case involving a New York State employee and the employee of a driving school.

Two individuals, Keisha Relf Davis and Steven Washington, allegedly worked together to steal millions of dollars from the State of New York.  Davis worked for the New York State Department of Education as a job counselor.  Washington worked as a program director for a driving school that operated in the Bronx and Manhattan.  Individuals that wanted to learn how to drive would sign up for lessons with Washington and would pay up to $500 for the service.  Using the social security cards he demanded from customers, he would give Davis their information.  Davis would then forge an application for state sponsored driving lessons for persons with disabilities in the customer’s name, even though they suffered from no disability at all.  The state would then pay up to $5,000 for extended driving lessons that were not being used.

It is alleged that Davis and Washington divided the private and state payments accordingly and even cut in the owners of the driving school.  They are accused of stealing $2.5 million from the State of New York.  The pair was charged with multiple charges of bribery and larceny and the driving school owners plead guilty to related crimes last month.  Davis is being held on $100,000 bail set by a Bronx Judge.

Even if the crime you are accused of is non-violent and financially motivated, it can still be very serious and lead to harsh penalties.  It is in your best interest to contact a criminal defense attorney even if you are only suspected of a crime.  New York City attorney Michael J. Redenburg can help you.  Call (212)240-9465 for a consultation today.

Saturday, September 13, 2014

Queens False Arrest Lawyer Files Amended Complaint on Behalf of Client Britney R.

Britney R.'s Queens false arrest Amended Complaint was filed in the Eastern District of New York on September 13, 2014, and she has added the individually named defendant NYPD Officers as well as added a cause of action for First Amendment Retaliation. The filing is 14-cv-3260 and Britney R. has also demanded a trial by jury.

 Allegations Within the Amended Complaint

In the late afternoon of April 23, 2014, Britney R. was leaving her God-Mother's apartment located within The 41st Street Houses which are NYCHA residences located in Far Rockaway, Queens, NY. As she was on her way, she noticed 3 uniformed NYPD officers and they started following her. As she entered the elevator and pressed the elevator button to the floor of her destination, one of the NYPD officers began pressing the buttons to each and every floor available. Britney queried as to why he was doing so, and in response, the officer told her that, "If she didn't like it, she could get off the elevator." When Britney got off the elevator on the fifth floor, the officers followed her and she was then grabbed by the arm and told she was under arrest. Next, she was thrown against the wall although she had no weapons or contraband on her person and hardly posed a threat to the officers.

Britney was subsequently arrested and charged with violating NY Penal Law Sections 195.05, 140.10 and 205.30 - Obstructing Governmental Administration in the 2nd Degree, Criminal Trespass in the Third Degree and Resisting Arrest. At her Criminal Court Arraignment, Britney's case was adjourned in contemplation of dismissal.

Michael Redenburg represents Britney and represents dozens of other victims of NYPD misconduct as well.

Wednesday, September 10, 2014

NYC Assault Lawyer Obtains Favorable Result for Client

NYC Assault Lawyer Michael J. Redenburg, obtained a very favorable result for a young Brooklyn man who was facing two open criminal cases in Kings County Criminal Court. The first case involved an allegation that the firm's client, CK, assaulted a relative in the family home. That allegation, made by the relative, resulted in him being arrested and charged with Assault in the Third Degree, Endangering the Welfare of a Child, Attempted Assault in the Third Degree, Menacing in the Third Degree and Harassment in the Second Degree. Only days later, the same family member called the police and alleged that CK violated an order of protection that had been issued in her favor as against the firm's client at the arraignment in the first case. That allegation resulted in CK being arrested again and charged with two counts of criminal contempt in the second degree.

In light of the false allegations made against the firm's client, it was decided that a criminal court trial was going to be necessary to vindicate the client and we pushed forward in that respect. However, during a scheduled court appearance in September, 2014, the prosecution and the judge offered that both cases be resolved with an ACD (adjournment in contemplation of dismissal) with the order of protection expiring in November, 2014. As such, two misdemeanor cases were resolved without any criminal record for the client and the family can move forward.

Michael J. Redenburg regularly represents individuals being charged with criminal offenses including assault, DWI and domestic violence throughout the NYC area.

Saturday, September 06, 2014

Brooklyn False Arrest Attorney Files Action in Federal Court

Brooklyn False Arrest Attorney Michael J. Redenburg, Esq. has filed a Complaint in Federal Court on behalf of his client, Kareem Clark and the Case Number is 14-CV-5228. Within his pleading, Kareem includes causes of action of unlawful search and seizure, false arrest, failure to intervene, unreasonable force and a claim against the City of NY.

Allegations Within the Complaint

On or about August 24, 2014, Mr. Clark had been lawfully and peacefully gathered with some friends in Brooklyn after a day of relaxing in Prospect Park. All of a sudden, an NYPD sergeant approached Mr. Clark and informed him that he must "disperse the area." Next, the NYPD sergeant shoved Mr. Clark explaining that Mr. Clark was not moving fast enough. Although Mr. Clark then tried to start moving faster, he was pummeled and tackled by numerous NYPD officers, before being hit in the face by an NYPD Officer.

After receiving a beating by the NYPD agents, Mr. Clark was placed in excessively tight handcuffs and he asked the officers to loosen the handcuffs, but his request was denied. Thereafter, he was transported to the 70th precinct to be fingerprinted, photographed and processed. Next, Mr. Clark was taken to Brooklyn Central Booking to await arraignment before a Criminal Court Judge. At his arraignment, Mr. Clark learned that he was being charged with Disorderly Conduct and Resisting Arrest. At arraignment, the matter was adjourned in contemplation of dismissal.

Michael J. Redenburg, Esq. represents Mr. Clark and represents dozens of other victims as well.


Wednesday, August 27, 2014

False Arrest Suit Against NYPD Brought By Diabetic Teen

After a non-deadly shooting at a Foot Locker in Bushwick, Brooklyn, the NYPD arrested 14 year old diabetic and special needs youth, Richard Gonzalez, on suspicion ofattempted murder.  Another youth, Isaiah Martinez was shot in the foot over a pair of sneakers designed by rapper Kanye West.  The police suspected Gonzalez because eyewitnesses claimed that the shooter’s name was Richie and because Martinez and Gonzalez were Facebook friends.  Gonzalez consistently denied all allegations against him.  

Allegedly, the police confronted Gonzalez alone in the bathroom of the precinct and tried to scare him into confessing to the shooting.  When this didn’t work, the police disconnected his insulin pump, which he is dependent on for an hourly dose of medication to control his blood sugar levels.  After they removed the pump, Gonzalez became ill.  The police threatened to eject Gonzalez’s mother from the precinct when she objected to the questioning of her son outside of her presence.  She was eventually allowed to bring her son food and test his blood sugar levels prior to him being charged, but was not allowed to see him after that.  Without his insulin pump, the young man became ill and was stomach sick and weak when he appeared in court to be arraigned.

Gonzalez was held on $75,000 bail.  When he could not make bail he was confined to a juvenile detention center and was later sent to two different hospitals, without his parent’s knowledge, as his blood sugar levels rose.  There, he was allegedly handcuffed to his bed.  The charges against Gonzalez were eventually dropped.

Gonzalez has now brought suit against the NYPD for false arrest, malicious prosecution, endangering a teenager’s health and negligence.  He is seeking compensatory and punitive damages for his claims.  The NYPD has yet to respond to the suit.

False arrest is a serious matter.  If you have been falsely arrested you may be entitled to compensation.  Call NYC criminal defense attorney Michael J. Redenburg at (212)240-9465 today for a consultation.

Friday, August 22, 2014

Brooklyn Man Who Was Arrested For 'Walking While Black' Accepts Five-Figure Settlement

The firm's client, Trevor L., today accepted the City of NY's five-figure settlement offer to finally resolve his Complaint that he was arrested in Brooklyn on February 28, 2014 for 'Walking While Black.' Earlier this year, Trevor had been on his way home from work and in the vicinity of Livingston Street, between Smith and Hoyt Streets when the Incident took place. Trevor maintained that NYPD Officers stopped him for no reason and asked him where he was going. Trevor then politely queried of the officers why he was being stopped and this apparently agitated the NYPD agents. Next, the NYPD officers twisted Trevor's arm behind his back and then charged him with disorderly conduct and obstructing governmental administration for screaming in pain.

When the officers frisked Trevor, their frisk and impermissible search revealed that Trevor had on his person: keys, $99 in cash and a debit card. Trevor was then taken to the 84th Precinct where he was processed and denied his right to make a phone call. At his criminal court arraignment, Trevor learned that he was also charged with jay walking, although he maintained that he was walking and crossing the street inside the crosswalk and with the crossing light for him to do so lit green to cross. At arraignment, the matter was adjourned in contemplation of dismissal and Trevor subsequently retained Michael J. Redenburg, Esq. to represent him in his civil action against the City of NY.

Prior to settlement, the City maintained that Trevor in fact did not have a green light to cross the street and therefore, the NYPD agents were justified in stopping him and subsequently arresting him. However, during a telephonic settlement conference with the Court, the parties agreed that a settlement was in the best interest of all parties, to resolve the case without the need for protracted litigation.

False arrests and stop and frisks continue to be a pervasive problem in the City of New York and victims can seek redress by filing lawsuits to redress their grievances.  

Tuesday, August 19, 2014

$2.75 Million Settlement in Riker's Island Inmate Death

The death of a 52 year old man who was being held at Riker's Island resulted in a $2.75 million dollar settlement, following a lawsuit and it is one of the largest such settlements as of late. The city medical examiner's office had determined that the inmate, Ronald Spear, died as the result of blunt force trauma to the head while being detained at Riker's. Alarmingly, a recent NY Times column reported that in 2013, one hundred twenty nine cases of inmates being seriously injured were found.

There is evidence to indicate that Mr. Spear suffered from chronic kidney disease and was denied medical treatment, which left him exceedingly vulnerable. One of the lawyers representing the family has been quoted as saying, "No amount of money adequately compensates for the loss of life," but also added that the settlement "seems to reflect a recognition on the part of the city that something terribly wrong happened here." The City of New York also made a statement, by and through one of it's senior attorneys: "This was a tragic incident. It is hoped that this resolution brings some small measure of closure for the family."

The lawsuit also alleged that as a result of Mr. Spear's contacting a legalaid, corrections officers at Riker's retaliated against him; and he died two weeks after. Although the Bronx County District Attorney's Office investigated the allegations that corrections officers beat Mr. Spear to death, the DA's Office ultimately chose not to bring formal charges against any correction officers reasoning that they could not prove criminality as against COs beyond a reasonable doubt. Reports indicate that Mr. Bharara's Office will be conducting a civil rights investigation.

Sunday, August 17, 2014

Jury Awards $150,000.00 to Brooklyn Man Falsely Arrested

On August 13, 2014, a federal jury awarded a Brooklyn man $150,000.00 to compensate him for his 2007 false arrest at the hands of the NYPD. The jury found that the Plaintiff, Robert Graham, had proven by a preponderance of the evidence that NYPD Officer William Glenn falsely arrested him on June 8, 2007. The jury further determined that another NYPD Officer, Andrew Ugbomah, had failed to intervene in Mr. Graham's false arrest.

The incident of Mr. Graham's false arrest unfolded on a busy Brooklyn street. Robert Graham was on the side of the road in his automobile when a marked NYPD cruiser pulled-up behind his automobile. The credible evidence showed that the officers were on their way to respond to an emergency call when they pulled-up behind Mr. Graham and activated their siren to have Mr. Graham move his car. However, NYC traffic as it is, Mr. Graham had no where to go. This apparently angered the NYPD agents and they got out of their cruiser, approaching Mr. Graham. Next, they directed Mr. Graham to exit the car. Mr. Graham was then handcuffed and left in the car along with Mr. Graham's son, who was four (4) years old at the time.

When the officers returned shortly thereafter from their emergency call, Mr. Graham was written a summons for disorderly conduct and released. However, the summons was either not properly handled or disappeared, and the violation charge of disorderly conduct against Mr. Graham was dismissed. It is undisputed that Mr. Graham's entire detention was less than one (1) hour.



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