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Superheroes and the Real-World Legal System

Wed, 15 Oct 2025 20:56:00 GMT

The idea of a masked hero fighting crime makes for great fiction - but not so much for the real world

Though many people feel like things would be better if our country had a more straightforward approach to criminal justice, the truth is the framers of the Constitution imposed several safeguards to protect the populace from abuses of the formidable power of government. The idea that a person could have formidable enough power themselves - whether it be inhuman strength or speed, or advanced technological capability - to fight crime is a continuation of ancient archetypes of good triumphing over evil without the complications and tedium of a carefully measured legal process. But would Superhero vigilantes actually work under our laws?

Fourth Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."

Civilians are not bound by the Fourth Amendment, until they work in conjunction with law enforcement or at the command of law enforcement. Then they become "an agent of the state" and evidence they gain must be obtained within the boundaries of the law, as if they themselves were a police officer. Many superheroes are known to work very closely with law enforcement, and at that point they are no longer mere civilians that can skirt the law to obtain evidence of wrongdoing.

Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury... nor be deprived of life, liberty, or property, without due process of law..."

Eighth Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

There are certainly instances of immediate danger where civilians and law enforcement can act with force. However, when that level of response is implemented, those actions are heavily scrutinized, often by a Jury. While a civilian is not bound to these the way that the government is, circumvention of these concepts in the pursuit of justice often means acting on the wrong side of the law. A costumed vigilante would find themselves defending their own actions in court, and in many stories they are considered outlaws for what they do.

Speaking of the hero becoming the defendant, there is another kind of setting where a hero may find themselves explaining to a jury that their actions were justified: a civil lawsuit. Personal injury liability would be extraordinary for the masked crime fighter. Unlike law enforcement, they have no qualified immunity so any injury they cause in the course of their actions could have them facing a civil jury.

Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury...[and] to be confronted with the witnesses against him."

The Sixth Amendment represents the biggest barrier to the concept of a superhero fighting crime while maintaining a secret identity. There are steps that Courts can take to protect witnesses, but the law depends on verifiable witnesses giving testimony. If the hypothetical masked hero insists upon keeping their identity secret, they could not testify in court. In the real world, when the key witness refuses to testify and there is little independent evidence or that evidence can't be connected to the alleged crime without the testimony of said witness, the case falls apart and gets dismissed.

The Constitution contemplates a system of justice built upon restraint of the formidable power of the government. Superheroes, antiheroes, and masked vigilantes are a modern imagining of ancient archetypes which speak to a shared desire to see good triumph over evil. The kind of Justice the framers of the Constitution imagined, however, depends on transparency, due process, and the law -- not capes and shadows.

Driving While Intoxicated

Fri, 23 May 2025 14:12:28 GMT

Drunk Driving laws in New York

It’s one of the offenses that I call an “any man” crime; it can happen to any man. It’s certainly not the kind of offense that someone wakes up and decides to commit; it’s a crime of recklessness and poor judgement, but it is unfortunately all too common and carries severe consequences.

If you drive while intoxicated – whether by alcohol, marijuana, or worse - you are risking not only your own driving privilege and safety, but the safety and the lives of everyone else. On top of all that, if you are not a citizen, you also risk legal residence in this country.

Consider further: you may be able to accept your own death because of a mistake you made, but could you accept taking the life of another, an innocent person whom you did not intend to hurt? All too often, the ones who die in collisions involving drunk drivers are not the drunk drivers themselves. On top of the other repercussions, they often have to live with the knowledge that they killed someone.

What are some common consequences of DWI?

You could have your license suspended, or even revoked. You could do time in prison. You could be fined. You could be required to install an ignition interlock device or be mandated to attend counseling sessions and victim impact programs. Your insurance will probably increase, and if you end up with a criminal record from it, you could face long-term employment barriers.

What happens if I get a DWI as a non-citizen?

In all likelihood, you wouldn’t be able to renew DACA even under the lowest penalty level, and you could be rendered inadmissible at the higher penalty levels – in these scenarios, you will need to reach out to an immigration attorney (and we have a few in our network) because the government is very likely to initiate removal proceedings.

Isn’t it better to refuse a breath test than to create evidence that can be used as evidence against me?

In fact, this is the one situation which is quite the opposite. The law says that anyone who operates a motor vehicle in New York State "shall be deemed to have given consent" to a chemical test for alcohol and/or drug content. Refusal to submit to a lawful breath/chemical test is, by itself and regardless of the outcome of any other charges - an automatic 1 year license revocation and a $500 fine… for a first offense. It’s therefore better to take the test and then hire an experienced attorney who can negotiate or litigate the charges to achieve a better outcome.

What are the different offense levels for DWI in New York?

Traffic infraction:

Driving while ability impaired is considered a traffic infraction rather than a crime. However, the penalty can include a fine of 300-500 dollars and a jail stay of up to 15 days (that potential jail sentence triggers immigration problems even though this is not considered a crime in New York State).

Misdemeanor DWI:

Driving while intoxicated, Aggravated driving while intoxicated*, driving while ability impaired by drugs, and driving while impaired by a combination of alcohol and drugs (or two+ different drugs).

-These are only misdemeanor offenses for a first offense, with no prior convictions of a vehicular vehicular assault, or homicide within ten years. These are punishable by a $500 fine and/or one year imprisonment.

*Aggravated driving while intoxicated falls into two different scenarios: the first is a BAC of 0.18% or greater. This is a misdemeanor under the same conditions as above, but the maximum fine is $1,000.

Felony DWI:

Any of the above offenses with a prior conviction of the same within ten years, or a prior conviction of a vehicle-based assault or homicide within ten years, or a first offense of the second scenario of aggravated driving while intoxicated is an E Felony, with a fine between $1,000 and $5,000 and/or a possible prison sentence of up to 4 years.

-The second scenario of Aggravated driving while intoxicated is when there is a minor in the vehicle.

If there are two such prior offenses within ten years, or three within fifteen years, the new offense is then a D Felony; $2,000 to $10,000 fine and/or imprisonment up to seven years.

This is merely an introduction to the extensive legal framework for driving while intoxicated in New York State. These offenses have additional provisions regarding for-hire vehicles, buses, commercial trucks, and for drivers under the age of 21. The best way to protect yourself is to never drive after drinking, especially if you are not an American citizen. But the second-best way to protect yourself is to hire an attorney if you are charged with doing just that.

What should I do if I've been charged with drunk driving?

Because of this tiered structure, as with many criminal offenses, an attorney can advocate and negotiate for a reduced or alternative conviction in the end. This can mitigate some of the long-term repercussions of making what may be the worst mistake of your life.

When can police search you?

Wed, 23 Apr 2025 20:35:07 GMT

Know your rights: the Constitution prohibits unreasonable searches and seizures

While the Fourth Amendment to the Constitution prohibits unreasonable searches and seizures, the public interest is balanced against that right in the course of enforcing the law. There are three main ways law enforcement can search you, your vehicle, your home, or anything else that is your property within which you have a reasonable expectation of privacy:

A Search Warrant : This is the backbone of law enforcement searches. In this modern age, there are warrants to search cell phone information on the carrier network, and warrants to search your email; these technological repositories are no different than paperwork in your home office – you have an expectation of, and a right to, privacy. However, if an uninterested judicial officer hears testimony and evidence gleaned from lawful police activities, they may find that the interest in identifying unlawful activity outweighs that privacy right.
Exigent circumstances : these are situations where there is an imminent risk to life or property or a likelihood that evidence will be destroyed. For example an abduction is the kind of crime that affords extra leeway, because there is an imminent risk. Here again, it often comes down to the weighing of the facts by a judge to determine if the search was in fact necessary under the circumstances, but police are rightfully afforded significant leeway if they’re acting under the belief that a person’s well-being is in immediate danger.
Consent : the police can search your car or your home if you tell them they can. So when can the police ask to search? The short answer is, they can always ask. And often, it’s because they may have some low level of suspicion or are simply casting a wide net, but it is not enough to justify a warrantless search otherwise. Here’s the important thing: it’s unlikely that they’ll ask to “search” especially in context of a vehicle. They’ll say something like “do you have anything in the car we should know about?” or “You don’t have anything bad in the car, right?” then a quick “Mind if we take a look?”

"Look" doesn’t just mean peer through the windows. If you say that you don’t mind, they can take a look, or anything similar, they can and will conduct a thorough search. They will move and feel underneath objects, and they will open containers including the trunk and glovebox of a car. It may turn out to be an enormous waste of everyone’s time, or it may lead to an arrest – if there is contraband in the car, every occupant can be arrested for it.

You do not have to give consent and you should exercise your right to privacy.

You can very politely say “I do not consent to a search.” You may be thinking, “Won’t that make the police suspicious that I’m trying to hide something?” and that may be the case, but many courts have ruled that refusal by itself is not the foundation for reasonable suspicion. However, should it turn out that you will need legal representation as a result, you’re ultimately better off if the police have to articulate why they decided to search your car after they stopped you for a traffic infraction, or why they decided to look around your home when you reported a disturbance outside.

This isn’t a blueprint for committing crimes, this is just a reminder that you have the right to privacy, and the right to be let alone.

The Clean Slate Act

Fri, 28 Feb 2025 15:28:11 GMT

Can I do anything about my criminal record in New York?

Bryce Miller via Wikimedia Commons

They say “Don’t do the crime if you can’t do the time.” However, that “time” also meant the lifetime record for an offense, even after you’ve paid your debt to society and turned your life around, and has in fact has prevented many people from attaining better job prospects and grow their careers.

Over the last decade and a half, the New York Legislature has taken several steps to address the legacy of criminal convictions for people who have proven they can remain on the right side of the law.

In 2009, CPL 160.58 allowed certain drug convictions and nonviolent felonies to automatically be *conditionally* sealed upon completion of parole and/or a drug treatment program. It was conditional in that the record would be unsealed upon any subsequent arrest (sealed again if the case ended in favor of the defendant), but there was also a provision to seal up to three prior misdemeanor drug convictions; this created a chance for people whose crimes were borne of addiction to put their pasts behind.

In 2017, CPL 160.59 went into effect, allowing certain convictions to be sealed upon motion to the Court 10 years after the termination of sentence. This included misdemeanors and most non-violent felonies, with certain conditions that had to be met, including a maximum number of convictions to be sealed and the ten year period counting from the most recent sentence. Helping people through this process was a practice area for me for several years and I was able to seal a number of records.

In 2021, under the 2021 Marijuana Regulation & Taxation Act, convictions on most marijuana offenses were set to be automatically expunged with a deadline of March 31 ^st , 2023. Expungement, not just sealing; sealed convictions are still visible to certain courts and law enforcement agencies, but expungement means it legally never happened. Expungement is a rare thing in the New York system.

And in the latest step toward reformative justice, as of November of 2024, The Clean Slate Act has taken effect.

What is the Clean Slate Act?

Many criminal convictions will now be automatically sealed after several years.

DUI convictions under the vehicle and traffic law will be automatically sealed after three years.

Misdemeanors will be sealed after three years, counting from release from incarceration, if that was part of the sentence.

Felony convictions, with certain exceptions, will be sealed after eight years, counting from release from incarceration, if that is part of the sentence.

What are some exceptions to the Clean Slate Act?

Sealing will not happen while there is a pending charge* or while the defendant is under community supervision, meaning parole or probation. The clock doesn’t start when community supervision ends, but that will prevent the automatic sealing until it is complete.

Any subsequent conviction* during those periods will reset the clock, which starts after release from incarceration on the new conviction.

Just as with CPL 160.59, sex crimes and class-A felonies which are not drug felonies cannot, and therefore will not, be sealed.

*pending and subsequent convictions includes those in other jurisdictions unless they are for specific felonies that are not felonies in New York State.

Congestion Relief is here

Thu, 16 Jan 2025 19:57:27 GMT

Congestion Relief: Pay the toll or you may end up paying a much bigger price!

Image courtesy of the Metropolitan Transit Authority

The New York State Budget for Fiscal Year 2020 (enacted in 2019) included the passage of finance bills S1509-C (in the State Senate) and A2005-C (In the State House of Representatives) establishing a new Article 44-C under Title 8 of the NY Vehicle and Traffic Law: the Central Business District Tolling Program, also known as the Traffic Mobility Act.

There were some delays in the actual implementation of this law but the program has officially begun. Now, we’ve already covered how an obscured license plate can lead to a police interaction, and while the toll system within New York City is entirely cashless, that doesn't mean law enforcement isn't maintaining a watchful eye. In fact, there have been concerted efforts to catch toll beaters ever since cashless tolling went into effect on the bridges and tunnels in 2017.

Intentionally obscuring license plate to avoid tolls can result in a fine of up to $500 in accordance with Section 402 subsection 8 of the Vehicle and Traffic Law. This includes obstructive coverings, fake plates, and anything preventing a toll camera from capturing a clear image of the license plate. How would they know where to send the fine? Traffic stops aside, it's possible to check a partial plate against the DMV database to match other identifying details such as color, make, and model.

Under Section 127.14 of Title 15 of New York's Codes, Rules, and Regulations (Regulations of the Commissioner of the Department of Motor Vehicles) as few as three unpaid toll violations within five years can result in your license being suspended -- and driving with a suspended license is a misdemeanor. At the extreme end of the spectrum, transit authorities have even banned drivers from using toll bridges for persistently evading tolls – making each trip a potential trespassing charge.

The bridge and tunnel authorities have their own law enforcement units who work in conjunction with the NYPD and New York State Police. They can impound a vehicle that does not have current insurance, up to date registration, or a properly-licensed driver, resulting in hundreds of dollars in towing fees.

Playing games with tolls is a high-risk gamble. Stay on the right side of the law, keep your license plate visible, and make sure your tolls are paid.

The Real Arrest Process

Fri, 06 Dec 2024 21:03:32 GMT

Forget what you've seen on TV:

It's an all-too-familiar story: the cops chase the suspect, apprehend them, and say something like "you're under arrest for robbery; you have the right to remain silent, anything you say can and will be used against you in a court of law..."

But reality is far different when it comes to interactions with the NYPD. If you ever find yourself in a situation where you're arrested, here’s what you can really expect. Unlike on TV, NYPD often won't tell you why you're under arrest until you're at the precinct. They likely won't "read you your rights" until you're in an interview room.

Keep in mind, their body cameras are recording, and everything in the interview room is being documented. For your own protection, remember: don’t talk without legal representation. "I will not answer questions without an attorney present." Nothing short of that, nothing vague like "I think I should call an attorney. This statement is your right, and nothing else should be said. In most cases, the police will not attempt to question you while your attorney is there—that's typically left to the prosecutors later in the process.

Jail calls are also recorded! Do not discuss case details over the phone. Furthermore, don’t risk violating an order of protection by using someone else's phone account. The police can trace calls back to the number dialed, and any violations could complicate your case.

Remember, anything you say can be used against you. Stay calm, assert your right to remain silent, and ask for an attorney immediately.

Stay safe and in the Know!

Weird but true: how a license plate frame can get you arrested!

Fri, 06 Dec 2024 21:01:06 GMT

Traffic stops turn into investigative searches every day:

Police love routine traffic stops. They can pull you over for a minor infraction, ask seemingly innocuous questions, and if you don't answer or behave a certain way, now you're under investigation. Every day, police find guns and drugs in the course of these stops, and every occupant can be on the hook for something inside the car. What's one minor traffic violation that can turn into an investigatory stop? An obscured license plate.

You might think this is just having a sticker over some numbers or damaged plates but the law actually includes more than that, including license plate covers:

-Vehicle and Traffic Law Chapter 17, Title 4, Article 14, Section 402:

402 (1)(b)(ii-a) Number plates shall not be covered by glass or any plastic material. Obviously you might picture a smoky tinted plate cover but, by this statute, clear covers are illegal.

402 (1)(b)(iii) "The view of such number plates shall not be obstructed by any part of the vehicle or by anything carried thereon."

The courts have ruled that a plate frame which even partly obscures any of the words on a license plate frame are illegal. Go check yours, even many dealership plates infringe on the law! For example:

"Anything carried thereon" can include many bike racks, especially if you have a bicycle on it. And because this statute includes both driving and parking on public roads, you could find an orange envelope just for having a bike rack, as many have.

"Read the manual" is quite a challenge in New York!

The Ebanks Law Firm Successfully Represents Defendant in 81 Million Dollar Cyber Heist Civil Case and Wins a Dismissal of All Charges

Thu, 09 Apr 2020 15:17:17 GMT

https://www.globallegalchronicle.com/bangladesh-bank-v-rizal-commercial-banking-corporation-et-al/

The Ebanks Law Firm Exposes Corruption and Wins an Outright Dismissal for a Client Facing 25 Years

Mon, 13 Jan 2020 15:24:25 GMT

https://www.lohud.com/story/news/crime/2019/12/27/yonkers-detective-sean-fogarty-pleads-guilty-perjury-case/2753367001/

Warrant Types

Mon, 23 Oct 2017 15:33:03 GMT

While both arrest warrants and bench warrants can lead to officers taking you into legal custody, both are issued under different conditions.

Arrest Warrants

An arrest warrant is usually a form signed by a judge to authorize law enforcement to go wherever they believe you may be found, whether it is at your place of employment, your child’s school, or your home, in the purpose of arresting you. An arrest warrant usually identifies the crime you are accused of and can even dictate how you may be arrested. An arrest warrant can be issued for your arrest if a grand jury returns an indictment after hearing allegations against you or if you miss a sentencing appearance.

Bench Warrants

Bench warrants are usually issued when you miss court and the attorney is unable to provide a valid excuse. A bench warrant authorizes an officer to arrest you whenever they locate you. Bench warrants are not easy to hide from since you can be arrested when an officer stops you because you were littering or made a traffic infraction. The officer runs your name through the system and it will bring up your outstanding warrants. The officer is then duty bound to arrest you. People usually try to hide from warrants by leaving the town, city, or even state that the warrant was issued in. However, it can still appear and you could be extradited back to where it was issued. Bench warrants will even show up in background checks when applying for housing or a job.

Don’t Talk to the Police – Professor James Duane

Mon, 23 Oct 2017 15:29:20 GMT

Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials.