Criminal Law Blog

Thursday, October 23, 2014

Alleging a Wrongful Detention and Physical Injuries at the Hands of the NYPD, Willie Files Suit

Michael J. Redenburg has filed suit on behalf of his client, Willie, who alleges he was wrongfully detained by NYPD officers and then suffered physical injuries at the hands of the police. The case is 14-cv-6230 and numerous causes of action are set forth in the Complaint, including false arrest, excessive force and assault & battery.

Allegations Within the Complaint

On the morning of July 6, 2013, Willie was lawfully assembled in a public place and playing a game of chess with another adult individual. Willie testified at his 50-h Hearing that the man who he was playing chess with set up a table and some crates at a corner in Brooklyn, and would "take on all comers" in a game of chess.

All of a sudden, and without warning, Willie noticed numerous NYPD officers exit a marked NYPD cruiser. The officers then began asking Willie where he was coming from and where he was going. After responding to the officer's questions, an officer grabbed Willie by the arm and twisted his arm behind his back. Willie was then handcuffed and he begged the officers to loosen the handcuffs because they were so tight and hurting him, but the officers told him to "shut up." Next, another NYPD agent, a sergeant, grabbed Willie's handcuffed hands and pushed down squeezing them even tighter, causing Willie so much pain that it brought tears to his eyes. 

After a 40 minute to 1 hour detention, Willie was released. He went home, but the next morning he went to Brookdale Hospital because his left hand was "swollen like a catcher's mitt." He was prescribed physical therapy for the injury to his left hand that resulted from the excessively tight handcuffing and rough treatment by the NYPD Officers. Indeed, Willie engaged in physical therapy as prescribed but after about 3 days, he had to stop the physical therapy because it was simply too painful. Thereafter, medical professionals prescribed Willie a special brace for his left hand which he still wears. Willie may need surgery to his left hand.

Finally the Complaint alleges that Willie suffered an unlawful detention, loss of liberty, severe physical injuries, emotional distress, fear, anxiety, humiliation, embarrassment and damage to his reputation.  




Tuesday, October 21, 2014

NYC DWI Attorney Announces Favorable Result for Client in Manhattan Criminal Court

The firm's client, Jorge, was charged with an NYC DWI and more specifically with violating NY VTL Sections 1192.2, 1192.3, 1192 (2-a) and VTL 1192.1. Three of the charges were misdemeanor offenses which would have resulted in the client having a criminal record. Allegations within the Misdemeanor Complaint included that the firm's client was in the vicinity of 334 West Houston Street on March 8th, at or about 2:20AM and at the time of his stop, had a .18 of one per centum and more by weight of alcohol in his blood as shown by chemical analysis.

Because a person who provides a test sample that reveals .08 of alcohol is guilty of DWI, an allegation of a .18 blow is more than double the DWI limit and so plea bargaining to a non-criminal offense in Manhattan Criminal Court is at least, very difficult. However, in this case we moved forward and decided to hold the government to its burden in reference to speedy trial time. Because the People had announced "not ready" on numerous occasions when the defense was in fact ready, 30.30 (speedy trial) time continued to accrue against the prosecution and on October 21, 2014 the government conceded 30.30 as to the misdemeanor counts.  

As such, the client was able to plea to the non criminal offense of 1192.1, which is DWAI, a traffic infraction and not a crime. The client will avoid a criminal record and will also avoid the requirement of installing an Ignition Interlock Device (IIED) on any automobile in the household where he resides. In NY, an individual who is found guilty of or pleads guilty to a misdemeanor alcohol related offense must install an IIED in their automobile for a prescribed period of time and this is mandated by statute.

Successful resolutions of NYC DWI Charges are possible in NY and all options should be discussed with counsel to ensure the most favorable resolution possible.  

Wednesday, October 15, 2014

New York City School Teacher Charged With DWI
Nothing makes headlines like when those in public service get into trouble.  Whether they are politicians, police officers, teachers or others, these people are held to a higher standard and when they make a mistake or are implicated in a crime, people want to know all the details.  Maybe it is the position of power or the responsibility over others, but cases such as a recent one where a New York City school teacher was charged with her second DWI are considered controversial.

The teacher was charged with her second DWI after hitting a parked truck in Queens.  The 29 year old recently obtained a position at P.S. 72, The Manhattan Occupational Training Center, in downtown New York City and began work in September.  She was traveling down the Queens Boulevard service road at around 9am when the accident happened.  After police responded, they became immediately suspicious that the young woman was drunk.  The police allegedly smelled alcohol and observed that she had red, watered eyes and slurred speech.  They also found a beer bottle in her vehicle.  She was arrested and her blood alcohol content was found to be .31 which is nearly quadruple the allowed limit.  She was subsequently charged with DWI and aggravated driving under the influence of alcohol due to her criminal history.  Approximately three years ago she was charged with DWI after being involved in an accident on Union Turnpike.  Details about this incident are not available as the record was sealed. 

While being charged with a crime is always a serious matter, when the crime is not your first offense, you can face dire consequences.  Crimes such as DWI can have a serious affect on your finances, job and insurance premiums and it is therefore important to consult with an experienced criminal defense attorney.  New York City lawyer Michael J. Redenburg can help you.  Call (212) 240-9465 for a consultation today.

Tuesday, October 14, 2014

Former HealthEx Driver From Pennsylvania Files His Consent to Join in Pending Class Action

A former driver of HealthEx Corp. from Pennsylvania 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 6 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. 

Count 1 of the Second Amended Complaint is brought under the FLSA and as an "opt-in" collective action and Count 2 of the Second Amended Complaint is brought under the New York Labor Law ("NYLL") as a traditional class action under Rule 23 of the Federal Rules of Civil Procedure. The NYLL is governed by a 6 year statute of limitations. 

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. 

For more information about these employment law claims, current or former HealthEx drivers can call Michael J. Redenburg at 212-240-9465. 



Monday, October 13, 2014

Queens Stop & Frisk Lawyer Announces Client's Acceptance of Settlement

In the case of Britney R. v City, 14-cv-3260, Attorney Redenburg's client alleged a wrongful stop and frisk in Queens, NY after she had been visiting her God-mother. The Incident Britney complained of took place within a New York City Housing Authority ("NYCHA") property known as the 41st Street Houses in Far Rockaway, Queens, NY. 

Allegations Contained Within Britney's False Arrest Complaint

While visiting a family member on April 23, 2014, Britney noticed three uniformed NYPD officers who began following her and followed her onto the elevator. Once the NYPD agents were on the elevator, they started pressing the buttons to each and every floor. As such, Britney queried of the officers why they were doing so and the officers responded that, "If she didn't like it, she could get off the elevator." As she got off the elevator, one of the officers grabbed her by the arm and explained that she was under arrest. Britney screamed in fear as she was accosted by the NYPD officers, and a concerned neighbor who heard the commotion came out to object to the manner in which the officers were behaving. In response, the officers explained to the concerned neighbor that if she didn't "back-up," she'd be getting arrested too. Britney was then placed in excessively tight handcuffs and taken to the precinct for processing. 

Following a twenty-two hour detention, and once before a criminal court judge at her arraignment, Britney came to learn that she had been criminally charged with violating NY PL195.05, 140.10 & 205.30 - Obstructing Governmental Administration in the 2nd Degree, Criminal Trespass in the Third Degree and Resisting Arrest. The matter was then adjourned in contemplation of dismissal and she thereafter filed a false arrest lawsuit.

 Michael J. Redenburg, who was named a 2014 ​SuperLawyer ​by Thomson Reuters represented Britney and has represented dozens of other victims of the NYPD as well.  

Saturday, October 04, 2014

Brooklyn False Arrest Lawyer Announces Client's Acceptance of Offer of Judgment

Brooklyn false arrest lawyer, Michael Redenburg, who was bestowed the honour of 2014 NY Metro Rising Stars Superlawyer by Thomson Reuters, is happy to announce his client's acceptance of the City's five-figure offer of judgment, plus reasonable attorneys' fees and costs. In accepting the City's offer, Sherief P. will be compensated for an Incident involving the NYPD which took place on May 10, 2014 in the County of Kings, City and State of New York.

According to the Complaint that Sherief filed in the Eastern District of New York on May 19, 2014, he was in the vicinity of the Albany Houses, which are HYCHA residences in Brooklyn, when the police misconduct happened, which necessitated the lawsuit. Sherief had been visiting his friend Dayshawn (phonetic) and was getting off the elevator when he was stopped by NYPD agents. Once stopped by the NYPD Officers he was subjected to a humiliating frisk which revealed that Sherief had on his person - fifty cents ($.50) and two Metro Cards. The officers next informed Sherief that they would run a warrant check and if Sherief didn't have any warrants, they would let him go. The police ran the warrant check which revealed that Sherief did not have any open warrants, but they arrested him anyway and charged him with violating NY PL 140.10, Criminal Trespass in the 3rd Degree. At his criminal court arraignment, the case was ACD, or adjourned in contemplation of dismissal.

Within his Complaint, Sherief had brought multiple causes of action to include unreasonable search and seizure, false arrest, failure to intervene and a claim against the City of NY. It is important to note that in making the offer of judgment, the City of NY does not admit any liability concerning the Incident that Sherief complained of in his lawsuit.


Thursday, October 02, 2014

Exotic Dancers Demand Minimum Wages
Former Scandals Strippers Sue for Unpaid Minimum Wages
PRLog - Oct. 2, 2014 - NEW YORK -- "The biggest scandal at this LIC jiggle joint is the club's failure to pay its exotic dancers minimum wages in accordance with state and federal law," says Attorney Michael Redenburg.

Allegations Within the Class & Collective Action Complaint
Within the Complaint filed in federal court on October 2, 2014, the lead Plaintiff seeks to represent a class of exotic dancers at popular LIC strip club, Scandals. The Complaint also alleges that Scandals seeks to minimize its labor costs by misclassifying its dancers as independent contractors and failing to properly compensate the dancers for the hours they work. According to the named Plaintiff, the club required the dancers to pay a fee/fine if they did not work certain holidays; purchase uniforms from a House Mom employed by Scandals and pay house fees - among other things.

Further, the strip club prohibited its dancers from wearing certain types of clothing during certain shifts; using glitter or carrying drinks while walking through the club. Allegations also include that the club required the dancers to pay fees to the House Mom and the featured DJ, in addition to late fees and fines. The dancers did not receive any hourly wages whatsoever, earning only what customers chose to leave as tips.

Michael Redenburg, along with his co-counsel, has represented dozens of employees in actions against their employers seeking overtime wages and minimum wages; and has recovered hundreds of thousands of dollars for those employees who include mortgage loan officers, restaurant workers and pharmaceutical company workers.  


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 Thomson 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.

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