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Criminal Law Blog

Monday, February 23, 2015

Former Murder Defendant Files Federal Lawsuit for False Arrest

Once criminal charges against me are dropped, do I have a case against the city? 

Alfonso Harrell has filed a federal lawsuit against the city, the detectives who arrested him and the Assistant District Attorney who prosecuted him, alleging false arrest and malicious prosecution. While on trial for a Crown Heights murder, Harrell had the charges against him dismissed. Harrell claims that he was wrongly imprisoned because the government relied upon a long-time cooperating witness and confidential witness who Harrell calls a professional snitch.

The murder took place in August 1993 at St. John's Playground across from the Albany Houses in Crown Heights. The victim was never identified, and the murder remains unsolved. While investigating the murder, the informant was interviewed four times and changed his story each time, according to Harrell's lawsuit.

After the informant testified before a grand jury in 2010, New York City detectives arrested Harrell in Pennsylvania. Harrell used to live in the neighborhood where the murder occurred; he maintained that he was at his aunt's house on the night of the murder. A witness said that a man known as Kato shot at the victim, and Harrell's family nickname was Kato, but the witness never identified Harrell as the shooter. An inmate from Green Haven Correctional Facility confessed to the crime but has never been charged.

Michael J. Redenburg, Esq. is an experienced criminal defense attorney who regularly represents victims of false arrest in lawsuits against The City of New York in federal court. Contact his office today at (212)240-9465 for a free case evaluation.


Tuesday, February 17, 2015

Manhattan NY DWI Lawyer Has All DUI Charges Levied Against Client Dismissed

In the criminal court matter of The State of New York v. L.K., Attorney Michael Redenburg was retained to defend the client against the allegations. The client was arrested on August 16, 2013 and the matter proceeded in Part E, Manhattan Criminal Court located at 100 Centre Street. However, because the NYPD officers that arrested the client alleged that he refused to submit to a chemical test as required by law, there was also a refusal hearing that took place in Lower Manhattan.

At the refusal hearing that took place on December 10, 2013, an NYPD Officer from the 6th Precinct testified and was also questioned by the judge. Attorney Redenburg also cross-examined the officer and testimony was taken from the client. At the conclusion of the hearing, the Honorable Marc Berger found that: On the 16th of August 2013 in the county of New York, the operator was accused of violating Section 1194 of the Vehicle and Traffic Law. The Judge then held: Close case. Refusal was not established. As a result of the Judge's rulings, the client did not lose his license for one year, which would have been the case had the judge found that the client had refused the chemical test. This was also very important to the client since he held a CDL license.

Meanwhile, the criminal court case proceeded in Part E of Manhattan Criminal Court. After twelve court appearances post arraignment, the People of the State of NY conceded speedy trial time as to all of the charges and the Honorable Judge Crane ordered the DWI case completely dismissed.


Thursday, February 12, 2015

Unlawful Arrest Lawyer Files Complaint on Behalf of Coney Island Woman
Coney Island woman, Alicia S., has filed her false arrest complaint in Brooklyn Federal Court and the Complaint includes numerous causes of action. Michael Redenburg represents Alicia and the case is 15-cv-743, which includes a demand for a jury trial.

Allegations Within Complaint

The Incident took place at or about 11:25PM on February 4, 2015, and within a NYCHA property known as The Coney Island Houses located in Brooklyn, NY. In the late evening of February 4, 2015, Alicia left her apartment located within The Coney Island Houses, and wason her way to the store to get milk and juice for her children for the next morning. As she went on her way, she noticed four (4) plainclothes officers and they stopped her, asking her for her identification. Alicia produced her Medicaid card as identification and the officers then explained that they would run a check to ensure she didn’t have any warrants; and would let her go if the warrant check came back negative. The warrant check run by the officers revealed that she did not have any outstanding warrants.

Next, the officers asked her for another form of identification. Although Alicia explained that she could go back to her apartment within the housing development where she was stopped, and where she lived, to get another form of identification, the officers told her that it would not be necessary and she was free to leave. She then decided to return to her apartment to get her NYS Driver’s License to carry on her person just to be safe. When she came back outside, the officers stopped her again and frisked her, searching her person. Alicia was then arrested and charged with three (3) counts of trespassing for being present within the housing complex where she resides. She was taken to a PSA Precinct for processing where she spent approximately ten (10) hours. Thereafter, she was transported to Brooklyn Central Booking to await arraignment. At arraignment, the criminal charges levied against Alicia were adjourned in contemplation of dismissal.

Michael Redenburg represents Alicia and regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court, and has successfully represented dozens of citizens who have been victimized by the NYPD in wrongful arrest & stop and frisk lawsuits.

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.

Wednesday, February 04, 2015

Street Dancer Arrested Outside City Hall Files Federal Lawsuit

I don't think the police had reason to arrest me. What can I do?

Street performers are a common sight throughout the city. One crowd that gathered to see some break dancing got quite a different show, however. Before the performance started, police tackled and arrested the performer. Defendant, who makes his living by street dancing, was charged with resisting arrest, obstructing governmental administration and disorderly conduct. All of those charges were later dismissed. Defendant was represented by Michael Redenburg.

Over the years, defendant had received summonses for not having a permit to play his stereo in public. On the day of his arrest, however, the stereo was out of batteries, according to defendant. Police cited the "sound reproduction device" as a reason for approaching defendant . He was taken aback by the police officers' actions when they wrestled him to the ground and handcuffed him.

Defendant filed a federal lawsuit against the police department and the city alleging that the officers arrested him without probable cause. As a regular performer near the Brooklyn Bridge-City Hall subway stop, defendant has shaken hands with many prominent politicians on their way into City Hall. He says he has never been arrested before and was surprised at how he was treated.

Michael J. Redenburg, Esq. is an experienced criminal defense attorney who regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court. Contact his office today at (212)240-9465 for a free case evaluation.


Thursday, January 29, 2015

Kareem C. Settles Case Alleging a Brooklyn Unlawful Arrest

Allegations Within Complaint, 14-cv-5228

On or about the late evening of August 23, 2014/early morning of August 24, 2014 and at or near Crooke Avenue, between St. Paul’s Place and Ocean Avenue, Brooklyn, NY, Kareem C. had been lawfully assembled with some friends after returning from Prospect Park. All of a sudden, an NYPD Sergeant approached Kareem C. and informed him that he must “disperse the area.” Next, an NYPD Sergeant shoved Kareem from behind informing him that hewas not moving fast enough. Kareem then tried to pick up his pace, but he was suddenly pummeled and tackled by numerous NYPD Officers, before being hit in the face by an NYPD Officer.

Once the NYPD Officers had Kareem, an unarmed African American man, on the ground, his head was slammed into the ground, while one of the officers placed their knee on his neck, causing him great pain. He was then handcuffed and although he pled with the officers to loosen the handcuffs because they were so tight, he was told to “shut up” and the handcuffs caused his wrists to swell and hurt. Kareem was then transported to the 70th Precinct where he spent approximately seven (7) hours being fingerprinted, photographed and processed. Thereafter, he was taken to Central Booking where he spent another nine and one-half (9 ½) hours before seeing a judge.

At Kareem’s Criminal Court arraignment, he learned that he had been charged with Disorderly Conduct and Resisting Arrest. Also at his arraignment, the matter was adjourned in contemplation of dismissal.

Michael Redenburg represented Kareem and is a lawyer representing unlawful arrest cases in NY.


Friday, January 23, 2015

Wrongful Arrest Offer of Judgment accepted by Brooklyn Man

Following an allegation of a wrongful arrest in East Flatbush, Brooklyn, Jeffrey D. has accepted the City of NY's offer of judgment to finally resolve his federal court complaint that alleged a false arrest and other claims. 

Statement of Facts as Plead Within Jeffrey's Amended Complaint

At or about 7PM on May 19, 2014, Jeffrey had been driving his 2011 Jeep Grand Cherokee in East Flatbush Brooklyn at or near Avenue D and Nostrand Avenue. Although he had not committed any traffic infractions or violations to warrant his being stopped, numerous NYPD officers started following him and signaled for him to pull over. Back-up was called and Jeffrey was told that the reason he was stopped was that the tint on his windows was too dark.

Subsequently, Jeffrey was arrested and transported to the 67th Precinct for processing. At the precinct, an NYPD officer explained to Jeffrey, "Now you're in my house," "You can't talk shit anymore," and "You're not going home." Therafter, he was transported to Central Booking to await his criminal court arraignment. At arraignment, Jeffrey learned that he had been charged with violating NY PL 195.05, Obstructing Governmental Administration in the third degree and an equipment violation of violating VTL 375.12, commonly referred to as tinted windows. The case was ACD, or adjourned in contemplation of dismissal at arraignment.

Following his release, Jeffrey retained the Law Firm of Michael J. Redenburg, Esq. PC to file a complaint in federal court on his behalf. Michael Redenburg represented Jeffrey and currently represents dozens of individuals in lawsuits against the City of NY in false arrest and stop and frisk lawsuits. 


Friday, January 16, 2015

Brooklyn Criminal Defense Attorney Has Assault Charges Against Client Completely Dismissed

The law firm of Michael J. Redenburg, Esq. PC successfully represented a client in Brooklyn Criminal Court who had been charged with multiple misdemeanor charges. In the matter of the State of NY v. MQ, the client was criminally charged with Violating NY PL 120.00, Assault in the Third Degree; NY PL 121.11(A), Criminal Obstruction of Breathing or Blood Circulation; NY PL 110/120.00(1), Attempted Assault in the Third Degree; NY PL 120.15, Menacing in the Third Degree; NY PL 240.26(1), Harassment in the Second Degree. On January 16, 2015, the People of the State of New York conceded that they had not met their burden to move forward with the criminal case and the matter was completely dismissed.

Michael Redenburg represented MQ and has successfully tried numerous cases to verdict, including felony jury trials venued in Richmond County and Kings County, NY, as well as bench trials in both Kings County and New York County. In 2010, Mr. Redenburg was successful in achieving a "not guilty" verdict in favor of his client who was charged with DWI and various other charges. In 2013, Attorney Redenburg obtained acquittals for two clients in a row - one in a Strangulation Case and the other in a Sex Abuse Case. Additionally, Mr. Redenburg is often successful in achieving favorable "plea bargains;" favorable pre-trial dispositions for his clients facing criminal charges, where appropriate. He has handled hundreds of criminal cases, including DWI, shoplifting, assault, drug crimes and domestic violence cases throughout Brooklyn, Manhattan, Bronx, Staten Island and Queens.

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.

Thursday, January 15, 2015

Bronx Wrongful Arrest Attorney Files Complaint on Behalf of Raphael P.

Alleging a false arrest in Bronx County, NYC, Raphael P. filed his lawsuit in the Southern District of NY on January 15, 2015, which includes multiple causes of action regarding the violation of his civil rights. The civil case number is 15-cv-00279 and complains of an Incident that took place on August 7, 2014.

Allegations Within the Complaint

At about 10:40 AM, Raphael was in the back seat of an automobile being driven by his brother's co-worker at or near the intersection of Grand Concourse and 188th Street, Bronx County, NY. A marked NYPD vehicle signaled for them to pull over and they complied. An officer then went to the front passenger side of the vehicle and told Raphael's brother to produce identification which he began to look for. Next, the officer called for "back-up" and when the other officers arrived, Raphael was arrested and charged with disorderly conduct. He was then taken to the 46th precinct where he was fingerprinted, photographed and processed.

Raphael spent about seven hours at the police precinct and then later spent about twenty-four hours at Central Booking. At his Criminal Court Arraignment he was released on his own recognizance ROR and then returned to court three more times before the case was completely dismissed.

Michael Redenburg represents Raphael and regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court, and has successfully represented dozens of citizens who have been victimized by the NYPD in wrongful arrest & stop and frisk lawsuits.

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide. 


Sunday, January 11, 2015

Brooklyn Wrongful Arrest Lawyer Files Amended Complaint on Behalf of Danyell S.

On January 9, 2015, Danyell S. amended his complaint filed in federal court to add the names of the individual NYPD officers who he alleged were involved in his April 4, 2013, false arrest. Danyell alleges that as he was parking his car in the vicinity of Jamaica Avenue and 88th Street, in Queens, NY, he was approached by an unknown man who turned out to be an NYPD officer. The plain clothes undercover officer began banging on Danyell's car window and then asked Danyell to step out of his automobile. A search of Danyell's person followed, which included rummaging through his automobile and throwing about his personal belongings. The impermissible search revealed that Danyell had a utility knife in his pocket, which he had been using to tape his bicycle. He was then arrested and placed under arrest.

Danyell was taken to the police precinct for processing and then transported to Central Booking to await arraignment. At arraignment, he learned he was being charged with violating NY PL 265.01 and VTL 1163c. After arraignment, he was taken to Riker's Island. After spending about twenty-four (24) hours at Riker's Island, he was taken to Elmhurst Hospital where he spent 2-3 days before being taken to Bellevue Hospital. On May 9, 2013, the criminal charge and VTL charge that had been levied against him were completely dismissed.

Michael Redenburg represents Danyell and regularly represents victims of wrongful arrest, stop and frisk and false arrest in lawsuits against The City of New York in federal court, and has successfully represented dozens of citizens from Queens, Bronx, Manhattan, Brooklyn and Harlem who have been victimized by the NYPD in wrongful arrest & stop and frisk lawsuits. 

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.           


Friday, January 09, 2015

Former HealthEx Driver From Orange County NY Files His Consent to Join Pending Class & Collective Action Lawsuit

A former driver of HealthEx Corp. from Orange County, NY has filed his Consent to Join in the pending Class and Collective Action lawsuit filed in the Eastern District of New York. In so doing, the former driver has affirmatively opted-in to the collective action and his statute of limitations has been tolled as to his federal claims. The case is 13-CV-2541 and the Second Amended Complaint was filed on July 9, 2014. 

Allegations Made by Drivers Within Their Second Amended Complaint Against HealthEx

The 3 named Plaintiffs and ten (10) current opt-in Plaintiffs are all former delivery drivers for HealthEx. The former drivers all allege that they were misclassified as independent contractors, when in fact, they were really employees of HealthEx. The practical consequence of this misclassification, the former drivers state, is that they were denied minimum wages and overtime pay as required under federal and state law. The drivers also assert that their compensation was subject to improper deductions that did not accrue to the drivers' benefit. 

The named Plaintiffs ask, among other things, that they be designated as representative plaintiffs of the putative representative action plaintiffs; and that their counsel of record, Osman & Smay, LLP and Michael J. Redenburg, Esq. PC be designated as Class Counsel of the putative members of the FLSA Collective Action and Rule 23 Class Action, if and when it is certified as such.

In reference to Mr. Redenburg's class action work, where he represents employees who are denied minimum wage and/or overtime pay, misclassified as exempt, or misclassified as independent contractors, Attorney Redenburg has handled such matters in the Eastern District of NY, Southern District of NY, Northern District of NY; and has also been admitted pro-hac vice to handle overtime pay class actions in NJ and Pennsylvania. Along with co-counsel, he has actually recovered for the more than one hundred clients he's represented, hundreds of thousands of dollars for hard working people. 

Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014 Michael Redenburg was named a SuperLawyer, 2014 NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Michael Redenburg has been named a 2015 Top 40 Under 40 attorney for the second year in a row by the American Society of Legal Advocates. Such selection is the culmination of an annual process in which ASLA's lawyers researched information on tens of thousands of lawyers and, in filling each Top 100 and Top 40 category, selected less than 1.5% of lawyers overall nationwide.  

To obtain more information about this pending lawsuit against HealthEx, current and former drivers may contact Michael J. Redenburg, Esq. at 212-240-9465. 


Wednesday, January 07, 2015

Protestor Arrested for Attacking Police Officer

How can protesting lead to criminal charges?


Amid the nationwide controversy over police conduct in the Michael Brown and Eric Garner cases many cities across the country have been the scene of protests.  While the right to peaceful protest is guaranteed by the United States Constitution, these demonstrations do not always go as planned.  Due to the large number of people and high emotions often involved, protests sometimes have the potential to turn violent.  When this happens, those implicated can face criminal charges.  A young New York City man has recently been arrested as a result of this type of situation.

After the grand jury decided not to indict the police officers involved in the Eric Garner case, a group came together on the Brooklyn Bridge to protest.  Officers claim that at some point, CUNY professor, Eric Linsker, attempted to throw a garbage can into traffic.  Police intervened and a physical altercation ensued.  The group allegedly began attacking the two police officers that had been monitoring the situation.  The officers suffered minor injuries including a broken nose.

One student, Jarrod Shanahan, is accused of assaulting the officers while wearing a ski mask.  Prosecutors allege that Shanahan wore the ski mask so that no one knew who he was.  His attorney argues that he was wearing the ski mask to keep warm as he was out on the Brooklyn Bridge in the cold December weather.  During the altercation, one of the officers grabbed the mask off Shanahan and it was used prove that he was the perpetrator using DNA analysis.  

Shanahan then turned himself in on New Year’s Day and was charged with assault in the second degree, resisting arrest and obstruction of governmental administration.  He remained in custody and his bail was set at $20,000 cash and $25,000 bond.

Assault is a serious crime and assaulting a police officer can lead to even more severe penalties.  Michael J. Redenburg, Esq. is an experienced criminal defense attorney and regularly represents individuals accused of assault.  If you have been accused of this type of crime, contact his office today at (212)240-9465. 

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