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Tuesday, March 31, 2015

Bronx False Arrest Lawsuit filed in Federal Court

Following a 2015 Bronx false arrest, Joel B. retains Michael Redenburg to represent him in a civil rights action against the City of NY.

The Incident which is the subject of the Complaint took place at approximately 5:00 p.m. on or near 168th Street between Ogden Avenue and Nelson Avenue, in Bronx County on January 20, 2015. Joel was in the front passenger seat of his friend’s car when a marked NYPD signaled for them to pull over to the side of the road. Two uniformed NYPD officers then exited the marked NYPD car; one approached the driver’s side of the vehicle and the other approached the passenger side of the vehicle where Joel was. The officers then instructed that the car windows be rolled down and the driver of the vehicle complied with the Officer’s instructions, lowering the car windows. Next the Officers explained that the reason they stopped the vehicle was for tinted windows.

One of the NYPD officers then instructed Joel to unfasten his seatbelt and exit the vehicle. As he was complying with the officer’s instructions, the officer unlocked the car door, grabbed Joel’s right hand and causing his phone to fall to the ground. Joel had been trying to record the unfolding Incident with his cell phone which had been in his left hand. Next, an NYPD officer pushed Plaintiff against the police car and searched him. The officer’s search of Joel’s person did not reveal any weapons, drugs or contraband. Nevertheless, the officer handcuffed him and led him to the police vehicle. The NYPD Officer then slammed him against the police vehicle, kneed him in the groin and transported him to the 44th Precinct.

He was held at the 44th Precinct for about two (2) hours and then released with a pink ticket, charging him with Disorderly Conduct. As such, he retained private criminal defense counsel at his own expense to represent him in criminal court. At the first court appearance on March 23, 2015, the matter was completely dismissed in the entirety. As a result of the foregoing, Joel alleges that he suffered an unlawful detention, loss of liberty, emotional distress, fear, anxiety, humiliation, degradation, pain and incurred attorneys fees – all to his detriment and loss.


Thursday, March 19, 2015

Brooklyn Man Settles Wrongful Prosecution Case for $7.5 Million

What happens if someone serves prison time for a murder he did not commit?

A Brooklyn man who spent 26 years in prison for a murder he did not commit has settled his wrongful prosecution lawsuit for $7.5 million. In 1980, and again at a retrial in 1990, Dewey Bozella was convicted of the 1977 murder of a 92-year-old woman in Poughkeepsie. He was sentenced to life in prison but always maintained his innocence.

Bozella was released from prison in 2009 after a state Supreme Court judge found he was wrongly convicted. Bozella sued Dutchess County for wrongful prosecution, and before a jury was chosen, the parties agreed to a settlement.

The lawsuit alleged that prosecutors and police officers withheld evidence from the defense that showed another man committed the murder. It was determined that prosecutors failed to provide evidence including a neighbor's statement regarding hearing noise in an alleyway near a window where police found a fingerprint of Donald Wise, who had a prior conviction of killing an elderly woman in a fashion similar to the murder Bozella was charged with. The prosecutors had claimed that Bozella walked through the building's front door. Prosecutors also relied on the testimony of two men who changed their stories and sought more favorable treatment for their own crimes; the judge found this tainted the case.

The Dutchess County Legislature agreed to authorize paying $7.5 million to Bozella (his lawsuit claimed $25 million in restitution). As part of the settlement, the county denies any fault or liability. The county will issue bonds that will be paid back by county taxpayers over five years.

If you or a loved one has been falsely arrested or wrongly convicted, Michael J. Redenburg, Esq. is an experienced New York City criminal defense attorney. Call his office today at (212)240-9465 for a free case evaluation.


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." Thereafter, 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.           


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