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42 U.S.C. Section 1983, also known as "Section 1983," is a federal  statute that allows individuals to sue state and local government  officials, including law enforcement officers, for violating their  constitutional rights. The statute provides a cause of action against  any person who, acting under color of state law, deprives another person  of any rights, privileges, or immunities secured by the Constitution  and laws of the United States. To establish a Section 1983 claim, a  plaintiff must prove that the defendant acted under color of state law,  deprived them of a constitutional right, caused the deprivation through  their actions, and that the plaintiff suffered damages as a result of  the deprivation. Section 1983 applies to a wide range of government  officials and entities, but does not apply to federal officials who are  subject to a separate statute. Defendants can assert several defenses,  including qualified immunity. 

Section 1983 is a vehicle  for bringing civil rights actions, and is not a cause of action in  itself.  It is a complicated area of the law that requires a thorough  working knowledge of the many pitfalls that exist in prosecuting these  cases.  A thorough understanding of the various defenses that are  available to defendants is of paramount importance when assessing the  viability of a claim.  Civil Rights actions are complex and require the  assistance of attorneys familiar with this area of the law. 

Our office is experienced in prosecuting Section 1983 cases, and we are always available for free consultations.

A supplemental needs trust, also known as a special needs trust or  “SNT” is an estate planning tool that enables individuals with  disabilities to receive financial support without negatively affecting  any government benefits they might be receiving, such as Medicaid or  Supplemental Security Income.  Because such government benefits have  income and asset limits, receiving financial gifts or assets could  reduce or eliminate eligibility. 

Setting up an SNT can be a complex process, but here are the general steps involved: 

1.  Determine the type of SNT you need: There are two main types of SNTs:  first-party and third-party trusts. A first-party trust is funded with  the beneficiary's own assets, such as a personal injury settlement or an  inheritance. A third-party trust is funded with assets belonging to  someone other than the beneficiary, such as a parent or grandparent. 

2.  Select a trustee: A trustee is responsible for managing the trust  assets and distributing funds according to the terms of the trust.  You  can choose an individual trustee, such as a family member or friend, or a  professional trustee, such as a bank or trust company. 

3.  Draft the trust document: The trust document should include the  specific terms of the trust, such as the beneficiary's name, the  trustee's name, the purpose of the trust, the type of trust, the funding  source, the distribution guidelines, and any special instructions. 

4.  Fund the trust: If you are setting up a first-party trust, you will  need to transfer the beneficiary's assets into the trust. If you are  setting up a third-party trust, you will need to transfer your own  assets into the trust. 

5. Obtain necessary approvals:  Depending on the type of SNT you are setting up and the state in which  you live, you may need to obtain court approval or approval from  government agencies such as the Social Security Administration or  Medicaid. 

6. Manage the trust: The trustee is responsible  for managing the trust assets and making distributions according to the  terms of the trust. The trustee should also keep accurate records and  file any necessary tax returns. 

It is important to work  with an attorney who is familiar with SNTs to ensure that the trust is  set up correctly and meets all legal requirements.  Our office has been  setting up SNTs for years, and we are always available for free  consultations.

New York State Executive Law 259-i outlines the process for the  Parole Board to make parole release decisions concerning inmates who are  eligible for release from state prison.  The law sets forth several  factors that must be considered by the Parole Board in making its  determination, including the nature of the offense, the inmate's  criminal history, institutional record, and release plans. 

The  law requires that the Parole Board consider the likelihood of the  inmate re-offending and the potential risk to public safety if the  inmate were to be released. The Board must also consider any statements  or reports from the victim, the sentencing judge, and the district  attorney. 

The law establishes a presumptive release date  for eligible inmates, but allows the Board to extend or deny parole  based on the factors listed above. If parole is denied, the inmate is  entitled to a written statement explaining the reasons for the decision.   Executive Law 259-i also provides for the review of parole decisions  by the Board, as well as the Governor's authority to overturn a parole  decision in certain circumstances.  Overall, the law establishes a  framework for making parole decisions in New York State that balances  the interests of the inmate, the victim, and public safety. 

Our  office has successfully represented many New York State inmates, both  in preparing for their parole hearings and, when necessary, in appealing  adverse decisions.  Our office is always available for free  consultations.

Article 81 of the New York Mental Hygiene Law provides for the  appointment of a guardian to manage the personal and financial affairs  of individuals who are incapable of doing so themselves due to an  intellectual or developmental disability, dementia, traumatic brain  injury, mental illness, or other similar condition.  Article 81  establishes a court-supervised process for appointing guardians, which  includes filing a petition with the court and obtaining medical and  other evidence of incapacity. The court then holds a hearing to  determine whether a guardian should be appointed and what specific  powers and duties the guardian will have. 

Additionally,  Article 81 establishes safeguards to protect the rights of incapacitated  individuals, such as requiring that the least restrictive form of  guardianship be utilized and that the incapacitated person be given  notice of the proceedings and an opportunity to be heard.  Overall,  Article 81 is designed to ensure that incapacitated individuals are  provided with appropriate and necessary support while also safeguarding  their rights and interests. 

A guardian appointed under  Article 81 has a great responsibility to act in the best interests of  the person they are appointed to represent. This includes making  decisions regarding their health care, finances, and living situation,  among other things. 

If you have a loved one who is unable  to manage their own affairs, whether due to a mental or physical  disability, it may be necessary to initiate an Article 81 guardianship  proceeding to ensure their needs are met and their rights protected.   

The  process of initiating an Article 81 guardianship proceeding can be  complex and time-consuming, and it is important to have the guidance and  support of an experienced attorney who is familiar with the intricacies  of this area of law.  Our office is committed to helping families  navigate this process with compassion and understanding.  

We  are also acutely aware the role family dynamics play in this process.   Accordingly,  our primary objective is to resolve issues without court  intervention. Our office has extensive experience in handling Article 81  guardianship proceedings, and we are always available for free  consultations.

New York Criminal Procedure Law (CPL) § 440.10 provides a mechanism  for defendants who have been convicted of a crime to challenge their  conviction or sentence. The law allows defendants to file a motion with  the court seeking to vacate the judgment of conviction or modify the  sentence. 

The grounds for filing a CPL § 440.10 motion  include newly discovered evidence that could not have been discovered  with due diligence at the time of trial, ineffective assistance of  counsel, or a constitutional violation that occurred during the trial or  sentencing phase.  Defendants must file their CPL § 440.10 motion  within a specified time frame, usually within one year of the entry of  the judgment of conviction or the denial of a previous motion to vacate  the judgment. 

Upon receipt of a CPL § 440.10 motion, the  court will hold a hearing to determine whether the defendant's claims  have merit.  If the court finds that the defendant's rights were  violated or that new evidence exists that would likely have affected the  outcome of the trial, the court may vacate the judgment of conviction  or modify the sentence. 

Overall, CPL 440.10 provides a  post-conviction remedy for defendants who believe that their conviction  or sentence was unjust. The law allows defendants to raise issues that  were not raised at trial or on direct appeal, and gives them an  opportunity to challenge their conviction or sentence based on new  evidence or certain legal errors. 

Our office can assist  criminal defendants who believe they may have grounds for challenging  their conviction or sentence, and we are available for free  consultations.