Coronavirus (COVID-19) is affecting the daily lives of everyone in a way most have never experienced before.

Maybe you heard the news about the Florida megachurch pastor who was arrested after he ignored executive orders prohibiting gatherings of more than ten people.

Or maybe you may have also heard about some tailgaters in Radisson who got busted when they partied in a parking lot.

Or the bar in Brooklyn that decided to stay open in the face of these orders.

We have had people contact Nave Law, wondering what happens to people who violate executive orders prohibiting non-essential work in office spaces, restaurants, bars, and hair salons from serving customers on-premises, and social gatherings of any size.

So we wanted to break it break that down for you.  However, because we are attorneys, let us answer that question first by explaining WHAT the executive order is.

New York State Executive Law Section 28 permits the Governor of New York to declare a disaster emergency in an area of the State, or the entire State, lasting for six months. Governor Cuomo did just that on March 7, 2020, by issuing Executive Order 202. Using his authority under Executive Law Section 29-A to combat the spread of COVID-19, the Governor then issued several more executive orders suspending various state laws and ordering all employers, except for those that provide essential services, to reduce in-person workforce capacity to 100%. Gyms, shopping malls, bowling alleys, and nearly any other public space were ordered closed. While restaurants and bars were also ordered to be closed, those that could deliver meals and beverages via delivery or takeout were permitted to stay open.  To see a complete list of essential services, click here.

OK, so now to answer the question, what happens if I ignore the stay at home order?

Section 24 of the Executive Law reveals that a violation of a county’s executive order is punishable by a class B misdemeanor, which is a crime.  If you look at the Penal Law, which defines various crimes and sentences, you’ll see that a class B misdemeanor is punishable by up to three months in jail and a $500 fine, along with the costs of your friendly, neighborhood defense attorney at Nave Law.

Although the statute authorizing the Governor’s executive orders does not have a punishment section like Section 24 does, Executive Order 202.8 explained that a violation of the order to reduce in-person workforces by 100% would be punishable under Section 12 of the Public Health Law. That law says that a person who violates Section 12 could be liable to the State for a civil penalty of up to $2,000. The very next section of the Public Health Law, Section 12-b, says that a willful or intentional violation of the law is punishable by an unclassified misdemeanor, up to one year in jail, and a fine not exceeding $2,000.

Even if you don’t catch one of these violations for failing to abide by an Executive Order, law enforcement could charge you with any number of offenses under the Penal Law, such as criminal nuisance, disorderly conduct, and obstructing governmental administration.

Our recommendation: stay home, take care of your kids, get your work done if you can work from home, and watch some Netflix.  We recommend, purely for entertainment purposes, Tiger King, Ozark, Making a Murderer, or maybe you want to watch Doomsday Preppers.

The bottom line is that we highly suggest that you follow the Executive Order, not that we agree with the order itself; however, we need to do our part to help New York flatten the curve.

Everyone here at the Nave Law Firm wishes you good health for all of those affected by Coronavirus. If you need an attorney, we have been deemed essential, so please don’t hesitate to contact us at 315-285-6283.

The exclusive purpose of this article is educational, and it is not intended as either legal advice or a general solution to any specific legal problem. If you need legal advice stemming from a violation of an executive order, or any other legal matter, please contact the Nave Law Firm at 1-855-349-NAVE.

 
 

related articles

Bill Cosby Released From Prison: But Why?

Bill Cosby has been released from prison. He walks among us again as a free man.

 

No, it’s not because he already served his sentence. It’s not because he was granted parole from his conviction, either. Nor did Pennsylvania’s Governor grant a pardon or issue clemency. Instead, the Pennsylvania Supreme Court overturned Cosby’s conviction on appeal.

 

Cosby had reached an agreement with a former prosecutor, Bruce Castor, under which Cosby was not to be criminally charged for the incident which eventually resulted in his 2018 conviction. Castor has gained more recent notoriety as being a member of former President Donald Trump’s legal team during his second impeachment trial. In short, though, Castor, while chief prosecutor for Montgomery County, Pennsylvania, had reached a deal with Cosby under which Castor agreed to grant Cosby immunity from all prosecution related to the incident if Cosby agreed to testify at a civil trial initiated by his accuser, which was to take place in 2005.

 

That accuser was Andrea Constand. Constand accused Cosby of drugging and molesting her at his estate in 2004. At the time, Constand was a Temple University employee, a former professional basketball player who had risen to be the head of basketball operations at the university. Castor chose to grant Cosby immunity from prosecution because he felt prosecutors would have difficulty confirming the forensic evidence from the case, without Cosby’s prior admission to the crimes, at trial.

 

Instead, by granting Cosby immunity from prosecution, Castor sought to force Cosby’s hand into testifying at Constand’s civil trial against him. As the Pennsylvania Supreme Court wrote in its decision, “Seeking ‘some measure of justice’ for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving Constand, thereby allowing Cosby to be forced to testify in a subsequent civil action, under penalty of perjury, without the benefit of his Fifth Amendment privilege against self-incrimination.” Cosby relied on this immunity while testifying at Constand’s civil trial. As the Pennsylvania Supreme Court noted, he “proceeded to provide four sworn depositions. During those depositions, Cosby made several incriminating statements.”

 

Yet, years later, a new prosecutor was elected in Montgomery County. Feeling unbound by his predecessor’s immunity agreement with Cosby, new District Attorney Kevin Steele brought charges against Cosby related to the 2004 incident with Constand.

 

At trial on those charges, Steele and his office used Cosby’s incriminating testimony at Constand’s 2005 civil trial against him. In fact, his testimony became a cornerstone of the People’s case. Ultimately, Cosby was convicted on three counts of aggravated indecent assault in April 2018. He was sentenced to a term of three to ten years in prison.

 

On appeal, however, the Pennsylvania Supreme Court found an issue with the revocation of Cosby’s immunity agreement simply because a new prosecutor had taken office. As the Court wrote, “When an unconditional charging decision is made publicly, and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade. No mere changing of the guard strips that circumstance of its inequity…A contrary result would be patently untenable. It would violate long-cherished principles of fundamental fairness. It would be antithetical to, and corrosive of, the integrity and functionality of the criminal justice system that we strive to maintain.”

 

The Court concluded, then, that “For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged.”

 

Cosby was released from prison yesterday, shortly after the Court’s decision was announced. A spokesman for Cosby told reporters, upon his release, that “This is what we have been fighting for and this is justice and justice for Black America.” Sentiments were not shared by those in the Montgomery County District Attorney’s Office. Mr. Steele, in a statement released Wednesday, noted “Cosby was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime…My hope is that this decision will not dampen the reporting of sexual assaults by victims. Prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. We still believe that no one is above the law – including those who are rich, famous, and powerful.”

 

Prosecutors could still, should they so choose, seek to appeal the Pennsylvania Supreme Court’s decision. Such an appeal would be to the U.S. Supreme Court, and would likely highlight the issue of due process and argue that retrial of Cosby could be granted should the prosecution refrain from including his 2005 civil trial testimony. The U.S. Supreme Court may elect against hearing the case, however, given its highly publicized nature and its near singular focus on procedural matters.

 

Yesterday’s decision also gave hope to others entangled in the #MeToo movement’s eye-opening allegations of misconduct against prominent men. Harvey Weinstein’s legal team issued a statement following the release of the Court’s decision, highlighting the Court’s ability to follow the facts and the law under the pressure of a case that garnered much media attention. In sum, the Weinstein legal team noted, “This decision also reaffirms our confidence that the Appellate Division in New York will reach the similarly correct decision in Harvey Weinstein’s appeal, considering the abundance of issues that cry out for a reversal.” Weinstein had previously been sentenced to serve 23 years on rape and sexual assault charges.

 

The Pennsylvania Supreme Court’s decision overturning Cosby’s conviction can be read here: https://cdn.cnn.com/cnn/2021/images/06/30/j-100-2020mo.-.104821740139246918.pdf.

Read More

Nave Law wins suit against City of Albany to protect Reverend’s civil rights.

 

As part of Nave Law Firm’s efforts to give back to the communities we practice in, our own Derek Andrews took action after reading a Times Union article about a local woman’s plight against a local government who stonewalled her efforts to obtain body camera recordings of an incident that involved her.

 

In 2019, uniformed members of the Albany Police Department wearing body cameras forcibly removed Reverend Cheryl Hawkins, a street-reach minister in the New York Capital District, from a public park as she preached and sang Christian hymns, for which she had received a special event permit from the City of Albany. That removal violated her constitutionally-guaranteed rights to free expression. As part of a lawsuit, her civil rights attorney requested those body camera recordings from the city through New York’s Freedom of Information Law but was rebuffed, having been told that they were protected and confidential because of Civil Rights Law Section 50-a.

 

Mr. Andrews helped both Ms. Hawkins and her civil rights attorney by filing an Article 78 special proceeding, a type of lawsuit, against the City of Albany and the Albany Police Department, claiming that they violated Ms. Hawkins’ right to free access to body camera recordings of that incident.

 

Although the city produced those recordings before the conclusion of the lawsuit, Judge David Weinstein of the Albany County Supreme Court agreed with Mr. Andrews’ arguments when he issued a decision at the end of 2020 stating that Ms. Hawkins had substantially prevailed and that the city was unreasonable in originally denying her access. That last part meant that the city Times Union Article, which resulted in a five-figure settlement. Ms. Hawkins will now continue her lawsuit against Albany for violating her civil rights.

 

When asked for comment by Reverand Hawkins, she responded:

“Mr. Andrews saw the Times-Union Newspaper Front Page Huge Article (February 17, 2020). He then contacted my attorney and wanted to see how he could help.  He felt that I was facing an injustice.  I was already paying another lawyer big money to represent me, and I could not afford a second law firm.  Derek then spoke with the leadership team with Nave Law Firm, and the team decided to take the case at no cost to me.  

I was so grateful that he believed in me enough to advocate for me and cared enough to help me at no cost.

The best part is that he WON THE CASE; he even won the city’s and the cop’s appeal filed in Albany County after winning the case.”

 

Nave Law Firm is grateful for the opportunity to have assisted Ms. Hawkins in her pursuit of justice.

 

 

Read More

Decriminalizing Possession of Hard Drugs

Oregon seems to be leading the way in the war . . . on the war on drugs while New York falls further behind. In a more sizable margin than either Biden or Trump would secure in this election, nearly 59% of citizens in Oregon voted to decriminalize possession of small amounts of hard drugs like heroin and cocaine.

Their decision also supported greater access to treatment for those who need it, which is paid for by the tax proceeds from marijuana sales. New York took a step in the right direction when they decriminalized possession of marijuana last year, but they remain several steps behind a large swath of the country that has legalized marijuana possession outright, including our next-door neighbors. While legislators and Governor Cuomo are interested in legalization, it’s unlikely to happen in the next year or two. Here’s why the legalization of marijuana, and other drugs, is worthwhile: not only would it ameliorate years of disproportionate effects of criminal drug possession on communities of color but it would give those with addictions greater access to higher-quality treatment. It also wouldn’t hurt to make some money by taxing those “products,” which could prove to be cleaner and safer than those cut with harmful and toxic chemicals. By the way, we certainly don’t mean to imply that it should be legal to drive while impaired by a drug, whether it’s legal or illegal. Please don’t do that.

We’re only suggesting that the war on drugs was misguided and that Oregon, and other states who are following suit, are headed in the right direction. Let’s convince New York to do the same.

https://scoop.upworthy.com/oregon-becomes-first-state-decriminalize-possession-of-hard-drugs

Read More