Lost Wages Following a Car Accident

If you were injured in a car accident and had to miss work as a result, you may be able to recover for any losses sustained. Under New York State law, a person may be able to recover for lost income and any other missed income opportunities as a result. Continue reading “Lost Wages Following a Car Accident”

Five Things to Watch Out for Before You Close On Real Estate

Buying a new property is always a big deal. Whether you’re looking for a new home, or you want a place for your business, getting the right piece of real estate can be essential to your future success and happiness. But before you close on that nice new dream house or that ideal spot at a busy intersection, there are a few things you’ll want to check for, just to be sure. Continue reading “Five Things to Watch Out for Before You Close On Real Estate”

Collateral Consequences of Criminal Convictions

It doesn’t take a genius to know that if you are convicted of a crime, or plead to having committed a crime, you’ll be punished with jail or prison time, probation, fines, or some combination of the above. However, there’s more to crime and punishment than just that, and if you’re not careful, you can find yourself suffering from the collateral consequences of your punishment without realizing it. Continue reading “Collateral Consequences of Criminal Convictions”

Personal Injury Settlement

When you are injured due to the negligence of another, you are entitled to compensation for your damages.  With that being said, getting the compensation you deserve may be a long drawn out process.  Following the initial event leading to your damages, you may be offered a settlement to avoid litigation.  Knowing when and how to properly accept a personal injury settlement is the key to receiving the full compensation you deserve. Continue reading “Personal Injury Settlement”

The Expectation of Privacy

The Fourth Amendment of the United States Constitution says that a citizen cannot be the subject of an unreasonable search or seizure without a warrant backed by probable cause. But in the Supreme Court case Katz v. U.S., the Court ruled that the Fourth Amendment applies only in cases where a person has a “reasonable expectation of privacy.” And it’s not always obvious when you have a reasonable expectation of privacy, at least by the court’s standards. Continue reading “The Expectation of Privacy”

Independent Medical Exam Following a Motor Vehicle Accident

Following a motor vehicle accident, it is important that you receive treatment for your injuries.  But even though you are being treated by your chosen doctors, there is a chance that the insurance company will send you a letter scheduling you for an Independent Medical Exam, or IME, with the insurance company’s doctor.  Also referred to as “Defense Medical Exams,” or DMEs, these exams are the insurance company’s opportunity to review your injuries to determine if coverage is still medically necessary. Continue reading “Independent Medical Exam Following a Motor Vehicle Accident”

New York Implements Installation of Cameras on School Buses

Last week, New York Governor Andrew Cuomo signed a law that will allow schools in New York State to install cameras on the stop arms of school buses.  The cameras are intended to automatically record anyone who passes a school bus illegally. Continue reading “New York Implements Installation of Cameras on School Buses”

Parking Lot Accidents

Long Island residents spend a lot of their time in parking lots.  Whether it is for work, shopping, the doctor’s office, or even for school, Long Island residents find themselves navigating a parking lot in a car or on foot.  Unfortunately, due to the crowded nature of parking lots, sometimes accidents occur, resulting in personal injuries. Continue reading “Parking Lot Accidents”

When Do You Have a Right to an Attorney?

The right to an attorney is enshrined in the United States Constitution as one of the fundamental rights that every American has by birthright. After all, how can someone defend themselves in court if they aren’t given access to legal expertise, which they are unlikely to have themselves? But things are more complicated than they first appear, because there are two slightly different rights to an attorney, and the distinction can be important.

The right to an attorney is guaranteed by two constitutional amendments in the Bill of Rights: The Fifth Amendment, and the Sixth Amendment. Though both amendments guarantee your right to an attorney, they have a couple of important distinctions between them. First is the difference in timing: the 5th Amendment right to counsel guarantees your right to a lawyer while you’re being interrogated in police custody; the 6th Amendment right to counsel, on the other hand, guarantees your right to counsel during the critical parts of a criminal prosecution.

However, there’s another, more significant difference: the 6th Amendment requires the court to appoint you a lawyer if you can’t afford one at the time of your arraignment (when you’re formally charged with a crime). The 5th Amendment requires police to allow you access to a lawyer if you already have one, but they aren’t required to provide you with one, because an arrest doesn’t necessarily signal the beginning of a criminal prosecution. Thus, you can be in a situation where you are legally entitled to have an attorney, but you aren’t yet legally entitled to have one appointed to you by the court. And if you’re being interrogated by the police, it can be very helpful to have an attorney present to advise you on your rights.

Those who have been charged with a crime can face serious legal consequences. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez & Bennett at (631) 348-1702.

When AirBNB Goes Wrong

Many people have benefitted from the service that AirBNB provides. It allows people to find a place to stay where hotels might otherwise be too expensive or rare, and it allows others to make money from renting out their homes or apartments when they’re out of town. Everyone wins… provided that neither the “guest” nor the “host” do anything untoward. Because if they do, and you happen to be the landlord whose tenant became embroiled in an AirBNB-related debacle, you could have a major headache on your hands. Continue reading “When AirBNB Goes Wrong”