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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Court Rules NYPD Illegally Used Sealed Arrest Information Without Court Order

The New York Supreme Court has ruled in a class action suit against the New York Police Department (NYPD) that the department violated state law by using information from sealed arrests without a court order.

Under New York state law, the information obtained from an arrest that does not result in a criminal conviction is supposed to be sealed, and any evidence obtained during the arrest (such as the suspect’s personal property, mugshots or fingerprints) are generally supposed to be either returned to their owners or destroyed as appropriate. However, it was discovered that the NYPD had been improperly retaining information obtained from these sealed arrests and had been using the evidence to advance the investigation and prosecution of other cases. This was not merely an error, but a deliberate violation of the law, the judge in the case ruled, and had resulted in real and systemic harm.

For example, the lead plaintiff in the suit, referred to as “R.C.” in court filings, was falsely accused of robbery due to a mugshot of his that was included in a photo lineup. The mugshot was from a years-old dismissed arrest, which was legally supposed to have been destroyed when the arrest was dropped, and the case sealed. Because of the identification from that photo lineup, R.C. had to contend with the charge for a year, during which time he had to go to court ten times. He lost his job due to his repeated work absences and became so depressed that he gave up on plans to attend college.

Sadly, R.C.’s situation is not unusual, and the case will now proceed forward to evaluate the NYPD’s policies and determine the extent of their illegal conduct. In the end, the victims of the NYPD’s illegal evidence retention policy may receive restitution for the harm they have suffered.

When you’re accused of a crime, you might be confused and scared and not know where to turn. Which is why, if you have been placed under arrest, you’ll need experienced lawyers to help you protect your rights and get the best outcome for your case. Call the Law Offices of McGuire, Palaez & Bennett at (631) 348-1702, and we’ll put our skills to work for you.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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