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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.

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“Raise the Age” Bill Would Stop Treatment of 16 and 17 Year Olds as Adults in the Justice System

New York remains one of only two states that have not yet increased the age of criminal responsibility to 18. However, a new bill backed by Mayor DeBlasio and New York City top law enforcement officials could change that. The proposed “Raise the Age” legislation, if passed, would cease treating 16 and 17 year olds as adults in the criminal justice system.

Opponents to the bill have expressed that they are concerned that the bill sends the wrong message and the crime will increase. They point out that “some of the most heinous crimes are committed by 16 and 17 year olds.” In New York in 2014, out of 30,286 crimes committed by 16 and 17 year olds, 22,200 were misdemeanors and 4,160 were non-violent felonies.

Continue reading ““Raise the Age” Bill Would Stop Treatment of 16 and 17 Year Olds as Adults in the Justice System”

What is a Plea Bargain?

In a criminal case, you always have the option of proceeding to trial, and it is the prosecutor’s burden to prove you guilty beyond a reasonable doubt.

Notwithstanding this fact, the vast majority of cases are resolved by plea bargain.  A plea bargain is a negotiated resolution of your criminal case.  If you are charged with a crime, in many cases, you will be given an opportunity to plead guilty to a lesser charge.  Many defendants choose to accept a plea deal to avoid the cost and uncertainty of proceeding to trial and to ensure a guaranteed result.

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How Do I Get My Security Deposit Back?

A landlord may deduct from a tenant’s security deposit for wear and tear beyond normal damages for reasonable wear and tear.  Typically a landlord may deduct expenses from your security deposit for excessive wear and tear beyond normal use.  This has been decided by courts to include broken walls or windows, excessive filth, and damage to carpeting as a result of fish tanks.

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New Law Would Equip School Bus Stop Arms with Cameras

A new bill recently introduced in Suffolk County would allow school bus stop arms to be equipped with cameras.  Lawmakers hope that the cameras would deter drivers from passing school busses when the stop arms are deployed.  Additionally, the drivers who have been caught on camera passing the school bus when the stop arm sign is up would be subject to high fines.

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Historic ruling allows wife to serve divorce papers through Facebook

Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers.  A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.

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Understanding Leandra’s Law

Signed into law on November 18, 2009, Leandra’s Law was enacted in honor of Leandra Rosado, an 11-year old killed while she rode in a vehicle with her intoxicated mother. Leandra’s Law creates harsher penalties against motorists who drink and drive while transporting children.

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Criminal Convictions and Employment Opportunities

If you are arrested and charged with a crime, you need an experienced criminal attorney to handle your case to ensure that all aspects of your matter are considered and addressed.

Most people know that criminal convictions can result in jail and probation sentences, but many people are not aware that a criminal conviction can also lead to collateral (secondary) consequences.

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What Is the Difference Between a Contested and an Uncontested Divorce?

A divorce is considered contested if either you or your spouse do not want a divorce, disagree about the legal grounds for the divorce, or disagree about what will happen with your children, your finances, or your property after the divorce.

Contested divorces generally necessitate the court to decide issues that you and your spouse disagree about. Because the judge presiding over your case will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to Court numerous times. A contested divorce can be very expensive because attorneys are typically paid by the hour.  In addition, these types of divorces can be very stressful for the parties involved, and the process can take months or even years to resolve.

Conversely, a divorce is considered uncontested if two factors are met. First, you and your spouse both want to get a divorce. Second, both you and your spouse agree about what will happen with your children, your finances, and your property after divorce.

An uncontested divorce provides a few advantages. An uncontested divorce is relatively inexpensive, less stressful on the parties, and typically can be resolved within several months. Continue reading “What Is the Difference Between a Contested and an Uncontested Divorce?”

What Does “Assumption of the Risk” Mean?

The legal defense “Assumption of the Risk” describes a participant’s involvement in a potentially risky activity.  One example involves a sport or recreational activity.  When the participant consents to take part in such an activity, legally they are sometimes assuming responsibility for the common risks associated with the activity. For example, a football player assumes the risks of suffering bodily harm on the football field because the sport involves constant physical contact with other players.

Motocross, another potentially dangerous sport, consists of motorcycle drivers on a track with hills, jumps, and obstacles. In a 2011 incident, a motocross participant was injured at the Long Island Motocross track in Yaphank, New York. The defendant (owner of the racetrack) argued that the plaintiff assumed the risk of injuries suffered in the motocross race. The plaintiff argued that the poor condition of the racetrack increased the risks associated with the sport and ultimately caused his injury. Continue reading “What Does “Assumption of the Risk” Mean?”

Drunk Driver on Long Island Crashes through Neighbors’ House

A Lake Ronkonkoma man is facing a DWI charge after driving his vehicle into his next-door neighbor’s house on Sunday November 24, 2014.  According to authorities, the 20-year-old male was driving a 2010 Hyundai Sonata when he crashed through the neighbors’ front door.  The driver fled the scene, but police were able to easily locate him as it was quickly discovered that he lived next door.  Fortunately, all of the individuals inside the house escaped injury.

Driving while intoxicated (DWI) is a dangerous and costly illegal offense.  Alcohol not only severely impairs your driving abilities; it also affects your judgment and coordination. If you are convicted of a DWI as a first offense, the consequences may be harsh. Common consequences include fines of between $500 and $1,000, up to 1 year in jail, a minimum of 3 years’ probation, and revocation of your driver’s license for at least 6 months. In addition, there are a number of other fines and programs that may be imposed on you by the court.

Continue reading “Drunk Driver on Long Island Crashes through Neighbors’ House”

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Carlos Turcios
Son buenos abogados, he ido varias veces y me han ayudado con todos mis casos
Kimberly Gomez
Linda Healingsonthego
Excellent attorney! He helped my husband receive zero points on his license, which was our biggest concern. He was very helpful, reassuring, and positive throughout the entire process. His staff was also wonderful and supportive, helping us every step of the way. My husband was extremely anxious about the situation, and the attorney put us at ease and made us feel so much better.

Highly recommend this attorney to anyone who needs professional, knowledgeable, and compassionate legal help. If I could give more stars, I would thank you so much for all your help! 🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟
Luis Lz
They did an amazing job the first time , and I’m here again , the staff incredible , nice , professional, highly recommend.
Response from the owner:Thank you for coming back to us and for your kind words. We truly appreciate your continued trust in McGuire, Peláez, Bennett & Belcastro, P.C.
It means a great deal to know that you had a positive experience the first time and felt confident returning to our firm. Our staff takes great pride in being professional, supportive, and attentive, and your recommendation means a lot to our entire team.
We’re grateful for the opportunity to assist you again and wish you the very best.

— McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law
Paul Laguan
El mejor abogado en Long Island, Central Islip. Me ha ayudado mucho con mis casos
Response from the owner:uchas gracias por sus amables palabras y por confiar en McGuire, Peláez, Bennett & Belcastro, P.C.
Nos honra saber que ha tenido una experiencia positiva y que hemos podido ayudarle con sus casos. Nuestro compromiso es brindar una representación legal dedicada, profesional y accesible para todos nuestros clientes. Agradecemos sinceramente su recomendación y su confianza en nuestro equipo.
Le deseamos lo mejor y quedamos siempre a su disposición.

— McGuire, Peláez, Bennett & Belcastro, P.C. Abogados
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