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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.

What is Cruel and Unusual Punishment?

The Eighth Amendment of the Constitution of the United States says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In theory, this means that the courts cannot assign any “cruel and unusual punishment” on any United States citizen. But what exactly makes a punishment cruel and unusual, and when does a court go too far in assigning a punishment for a crime? Continue reading “What is Cruel and Unusual Punishment?”

Reasons You Should (or Should Not) Take a Plea Deal

Getting arrested for a crime is one of the most stressful things that can happen to someone, and the possibility of going to prison is terrifying for most people. That’s why, when many people are offered a relatively lenient plea deal, especially one that promises to keep them out of prison, they’re eager to jump on it. However, there are several reasons why you should stop to consider your options before you plead to the charges against you. Continue reading “Reasons You Should (or Should Not) Take a Plea Deal”

Accused Bank Robber on the Run After Being Improperly Assigned Bail

An accused bank robber from Nassau County is on the run after being released from jail when it was determined he was improperly assigned bail. The defendant was initially held on $10,000 bail, but it was overturned on appeal, resulting in him being released to the public. The incident is a test case of New York’s new controversial bail reforms, which made it illegal to assign bail for most misdemeanors and nonviolent felonies. Continue reading “Accused Bank Robber on the Run After Being Improperly Assigned Bail”

The Hidden Cost of Asset Forfeiture in Criminal Cases

The Eighth Amendment of the United States Constitution states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” While it is most commonly brought up in the context of the death penalty and the prohibition on cruel and unusual punishment, the Eighth Amendment is also hotly debated in criminal law, particularly when it comes to defining what constitutes “excessive” bail or fines. And nowhere is this more contested than in the area of asset forfeiture. Continue reading “The Hidden Cost of Asset Forfeiture in Criminal Cases”

NY AG Investigating NYPD for Discrimination in Fare Evasion Cases

New York Attorney General Letitia Jones has announced an investigation into the New York Police Department (NYPD) for alleged discrimination against people of color, targeting them for subway fare evasion. The investigation comes after several videos spread on social media showing NYPD officers engaging in aggressive tactics to arrest turnstile jumpers, sparking public outrage. The NYPD, for its part, denies any wrongdoing, stating it is merely attempting to protect New Yorkers, regardless of their race. Continue reading “NY AG Investigating NYPD for Discrimination in Fare Evasion Cases”

DWI Convictions and their Potential Consequences

Being arrested on a driving while intoxicated (DWI) charge can be a life-changing event, even before you face the possibility of a plea or conviction at trial. Aside from facing the risk of imprisonment or fines, there are numerous possible consequences that can arise as a result of a DWI conviction. And if you’re facing down a DWI charge, it’s important to know what will happen if you plead guilty or get convicted at trial. Continue reading “DWI Convictions and their Potential Consequences”

NY Criminal Justice Reforms See Pushback from Prosecutors, Police

This summer, Governor Andrew Cuomo signed a package of reforms into law that are set to radically alter how the criminal justice system functions throughout the state. While criminal justice advocates were pleased with the reforms that were passed, some, including several politicians and law enforcement representatives, are more critical of the reforms. Some even hope to have the reforms stopped from going into effect, which is scheduled to happen on January 1, 2020. Continue reading “NY Criminal Justice Reforms See Pushback from Prosecutors, Police”

Five Things to Remember if You’re Pulled Over by Police

Being pulled over by the police is always a stressful event, even if you don’t believe you’ve done anything wrong. You know, at the very least, that you’re likely going to have an intimidating conversation, may wind up with a ticket, and are very likely to be late to wherever you’re trying to go. However, if you keep these five things in mind, you can minimize the harm a police stop can do.

Try to stay calm.

Remaining calm at a police stop isn’t just a good idea from a mental health perspective. It will also help you to maintain perspective and stop from acting rashly. Moreover, the more nervous you act, the more it may incentivize a police officer to escalate the stop to a search or seizure, so the less jittery you can seem, the better your odds of walking away with minimal consequences.

Don’t feel obligated to answer police questions.

While the 5th Amendment right against self-incrimination (the “right to remain silent”) doesn’t apply if you’re not in police custody, you’re still not legally obligated to answer a police officer’s questions. Thus, if you believe an answer to a police officer’s question is more likely to cause harm than good, you can simply say you don’t want to answer their question. At that point, the officer may need to choose between escalating or letting you go, but at the very least you’re not providing additional evidence that may be used against you.

You may not be able to stop a police search.

Under normal circumstances, the police cannot search a person’s property without a warrant backed by probable cause. However, under the so-called “automobile exception” to the 4th Amendment, a police officer can conduct a search of a motor vehicle without a warrant, so long as they have probable cause to believe the vehicle contains evidence of a crime. This means that stopping a search of your car may be nearly impossible, so don’t get too upset if the police decide to start rooting through your car at a traffic stop.

You can refuse a breathalyzer, at a price.

Technically speaking, you don’t need to submit to a breathalyzer test at a traffic stop if you don’t want to. However, by law, anyone who refuses a breathalyzer test at a traffic stop automatically forfeits their driver’s license. So, if you don’t want to take the breathalyzer, you can refuse, but you may not be able to legally drive again for at least a year.

You can ask to call a lawyer.

Just like in any other situation where you find yourself confronted by the police and at risk of arrest, you can call your lawyer to help you at a traffic stop, if you can get in contact with a lawyer in a reasonable time period. That said, the police aren’t obligated to wait around for your attorney to show up, nor do they have an obligation to wait while you search for a lawyer to call. Thus, if you can’t get your attorney on the line right away, the next place you’ll likely have a chance to talk to them is at the police station.

If you are placed under arrest, remember to exercise your right to an attorney and get legal representation as soon as possible. A Suffolk County 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 Central Islip criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

A Confession is Not the End of Your Case

It’s one thing to know that you have a right to an attorney and the right to remain silent when questioned by police. It’s another thing entirely to exercise those rights when you’re in police custody and facing interrogation by professional officers or detectives. People don’t make the best decisions when they’re under that kind of stress, and it’s surprisingly easy for police to elicit a confession under such circumstances, even from people who are innocent. Fortunately, however, a confession alone isn’t necessarily the end of your case. Continue reading “A Confession is Not the End of Your Case”

Sweeping Criminal Justice Reforms to Take Place Starting January 1st

A package of reforms was signed into law in April that are set to completely change the criminal justice environment in New York State. The reforms will take effect starting January 1st, 2020, and both police and prosecutors are preparing the changes in procedure necessary to accommodate the changes. The reforms themselves are a major victory for criminal justice advocates, who have aimed for these reforms for years.

Some of the most significant changes were those made to rules related to bail, which has eliminated bail for misdemeanor offenses, except in cases of sex crimes or violating orders of protection. It also eliminated bail for most non-violent felonies, except for witness tampering, conspiracy to commit murder, domestic violence cases, crimes against children, sex crimes and terrorism-related offenses. It was even eliminated for most Class A nonviolent drug felonies, and some burglary and robbery-related felonies. This will mean that most people accused of a crime will be able to defend themselves from outside of a jail cell, allowing them to maintain their regular lives while the cases hang over their heads.

Another important set of reforms was made to the discovery rules, the laws that govern when, how and what kind of evidence the prosecution and defense must turn over to one another. The new discovery rules will make it so the prosecution must turn over all the evidence they have within 15 days after arraignment, with some exceptions. The defense will also get the names and contact information of anyone with information relevant to a case, names and assignment of all police officers involved, and every witness statement, even if the prosecution never intends to call them to the stand.

Prosecutors, meanwhile, will no longer be able to claim police evidence delays as a reason for not turning over evidence, and must turn over all evidence they intend to use at trial 15 days before the trial. Defense attorneys must provide all the evidence they intend to use at trial to the prosecution within 30 days of the trial. Prosecutors can still get a restraining order to avoid disclosing certain sensitive information to the defense, if they can convince the judge there is sufficient cause to do so.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and get you the relief you deserve. 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 and Bennett at (631) 348-1702.

Reviews

Jayne Furia
Jayne Furia
1711289355
Always helpful for the tickets I’ve had, came in on a Sunday when it was closed and took on my case. Very nice lawyer (Chris) who’s respectful and great at what he does.
Super professional and helped me with my traffic ticket. Highly recommended for any issue. Thank you!
Dominic Piccolo
Dominic Piccolo
1711114725
Everyone in this law firm was outstanding. Everyone was so helpful and kind. The lady at the front desk was phenomenal. They made everything easy and simple. I will continue to come back to them if needed in the future.
Jayovani
Jayovani
1711058090
Got me no points when I was stopped apparently going 85 in a 50 by state police. I recommend Mr. McGuire for traffic court for sure.
Christine Jorge
Christine Jorge
1710953278
I recently had the pleasure of working with Chris McGuire, and I can confidently say that he exceeded all expectations. From the moment I set up a consultation with him, I was impressed by his attentiveness and genuine concern for my situation. Chris took the time to listen to all of my concerns and made me feel truly heard, which immediately put me at ease.Throughout our discussions, Chris demonstrated a remarkable level of honesty and transparency. He didn't sugarcoat anything; instead, he provided me with a thorough understanding of all possible outcomes, ensuring that I was well-informed every step of the way.I am incredibly pleased with how everything turned out, and I credit Chris for his dedication and expertise. He exemplifies what every attorney should strive to be – compassionate, knowledgeable, and committed to achieving the best possible outcome for their clients.Without hesitation, I would turn to Chris McGuire and his staff for any future legal needs. I wholeheartedly recommend their services to anyone in search of exceptional legal representation. Thank you, Chris, for your outstanding work
Linsay T
Linsay T
1710419681
They were absolutely great! My insurance didn't go through to the DMV properly so I got pulled over & the cop was a jerk. Wrote me a bunch of unnecessary tickets. I was really struggling financially as well & couldn't miss work over this, so they were so kind to work out an arrangement with me. Very thankful for this group of lawyers
Jose Sepulveda
Jose Sepulveda
1710361858
Marlene Pessoa
Marlene Pessoa
1710273650
Mr. McGuire was extremely honest with the consultation and that was well appreciated. I felt comfortable and would recommend them to anyone who would benefit from their services.
Cesar Garcia
Cesar Garcia
1710261013
Chris is an excellent lawyer. He is very kind and helpful. He helped me with my son’s traffic case. I would recommend him a million times and more.
For me, the best lawyers in Long Island, New York, have helped me resolve two cases, one related to traffic and the other in real estate. I am very pleased with McGuire Peláez & Bennett PC.
Jenrry Giron
Jenrry Giron
1709842453
They were so Kind and very helpful.
I was able to visit the office today where they attended with courtesy and they made me feel very comfortable. I am extremely grateful for their help. Whoever needs help with any situation I would recommend them! They are attentive and helpful.
d gonzo
d gonzo
1709239423
This is the most helpful law office I've ever dealt with. Through the past few years they have handled traffic citations for each of my teen boys, who are otherwise good drivers but unfortunately experienced mishaps. In every case they were responsive and effective and have saved us significant money by working with the court to reduce or eliminate penalties and points. Highly recommended.
Great help. Chris really helped me understand what needed to be done. Thank you guys!
Muy buenos abogados
Danilo Ramos
Danilo Ramos
1708189224
They are very helpful, and honest
Danny Saturne
Danny Saturne
1708181555
Absolutely professional and efficient when handling my case.
Buen abogado gracias ayudarme a remover mi multa
Marie Tossaint
Marie Tossaint
1707773192
Karen was Very helpful and kind. she's the best! I would recommend them to anyone & everyone!
Louis Merced
Louis Merced
1707518284
Trust this law firm !
Very nice, quickly assisted, great response from everyone working here.
Marvin Sanchez
Marvin Sanchez
1706717726
Mr.Bennett and his team helped me when i needed them the most. Amazing work!
marvin deleon
marvin deleon
1706294947
Very helpful firm and people. McGuire has helped me a lot! Very thankful for this firm.
Fatima Amaya
Fatima Amaya
1706113584
The best thing I could see done was to do things legally and they are excellent and super professional, their assistants are very kind and helpful. I thank them for everything and that they have resolved my case with professionalism.
Troy Brinkhuis
Troy Brinkhuis
1706111589
Just Stop It!! Stop searching the Internet for a good lawyer to handle your traffic tickets. M, P & B are the best, so look no further. No, I am not a friggin cheerleader, nor am I being compensated to write a good review. Actually, I did receive something from Mr. Bennett and his team of professionals: Great Results!! I'm just a 50 something years-old Army veteran, and a guy who busts his a$$ every day to make a modest living. I don't have the time or money for mediocre results. When it comes to lawyers, I tend to be a bit skeptical, cynical and judgemental, but M, P & B (Mr. Bennett and his team, in particular) made me a believer. Thanks again, guys and gals at McGuire, Palaez & Bennett 👍👍
Brandon Morales
Brandon Morales
1705598327
I’m very happy with the outcome of my case since all was reduced to parking tickets and a small fine. They were super helpful and the work from my end was minimal. Overall good people and kind to customers, attorney Bennet did a really good job in court.
Jaime Mendez
Jaime Mendez
1705112699
Muy profesional ala hora de trabajarGracias Mr pelaez
Excelente atención y solución eficaz, recomendado al 100%
Tereza ramirez
Tereza ramirez
1704750780
Son muy buenos ami pues me ayudaron mucho asi que con gusto volveré en el futuro digo si Dios me lo permite gracias
Debbie Gangemi
Debbie Gangemi
1704642320
Christopher was great to work with. His staff was friendly and efficient as well. Chris spent endless hours ( even while away ) on a case and worked through everything for me. We would definitely recommend his firm. Thank you again.
julio cabreja
julio cabreja
1704599802
Jhoselyn Rodas
Jhoselyn Rodas
1703350596
Mr. McGuire and his team are super helpful, understanding, and professional throughout the process. They kept me informed every step of the way, which I appreciated! I highly recommend this law firm! Thank you so much Mr. McGuire!
Pete Sweat
Pete Sweat
1703271616
I hired Brett and his team to help restore my license which was suspended/revoked for years due to points/accidents. Fairly priced… after trying to take care of it on my own (paying fines and taking classes) I hired Brett, they did everything they could even after I moved from NY to FL, everyone who I spoke to was very helpful ESPECIALLY Daslin, she told me everything I needed to do and calmed me down when I thought I’d never get my license. Well it took some time but I am officially a LICENSED DRIVER! If you are having license problems don’t hesitate to call them, you won’t regret it. They even sent me my $100 money order back that went unused after my license was restored. 5 ⭐️’s
Kathy Mai
Kathy Mai
1703088891
We are very grateful that we got Mr. McGuire to represent us for our case! Mr. McGuire is extremely helpful and professional, he stayed on top of everything for us, and most importantly he helped us to achieve the result that we wanted. Mr. McGuire always open to talk and provided his professional opinions to guide us through the whole process. And his colleague Mr. Sorell was also helpful to support us at the final meeting. I can't say enough good things about Mr. McGuire and his firm, I really appreciated everything they have done for us, thank you very much!
rcassidy1952
rcassidy1952
1702906093
McGuire and his team done an outstanding job. Highly recommend!
Walter Vespe
Walter Vespe
1702827004
Mr McGuire has been our family lawyer for over 20 years. Mr McGuire has help my family from estate concerns to handling serious charges. His experience and knowledge of the law is second to none. I would Highly recommend
Tara Maddalena
Tara Maddalena
1702747130
Amazing law firm!!! They get it done. My husband and I have used Chris McGuire for different legal issues and he has been consistently wonderful. We recommend highly to all who have legal needs.
Sandy Niehr
Sandy Niehr
1702743650
McGuire, Pelaez & Bennett are great attorney’s who really cares about their client. Their fee is reasonable when I compared to other lawyers in the area. They are very knowledgeable and professional. Was always able to reach them and communicate with them whenever I had a concern. I highly recommend this law firm. Friendly staff too.
I appreciate the great customer service as well as the big help from everyone in the office. I would highly recommend them to any of my friends and family!
Jasmin Garcia
Jasmin Garcia
1702735811
They are the best lawyers ever! Highly recommend them. Super friendly and knowledgeable.
Jonathan Reyes
Jonathan Reyes
1701275264
Excellente trabajo me ayudaron con mi Caso!!
Mario M Gomez
Mario M Gomez
1700842836
Aurelio Marin
Aurelio Marin
1700677081
Excellent work. My 8 point ticket was dismissed. Chris & Dawkins are very helpful and nice.
McGuire, Pelaez and Bennett they were professional helpful was able to go to Mr McGuire when I felt uncomfortable very attentive. Nice pens too
wilis villalta
wilis villalta
1699392873
Cometí un error y ellos me ayudaron a resolverlo
Una oficina que me redujo todos mis tickets a tickets de parqueo sin puntos
Juan Pascual
Juan Pascual
1699302661
Una oficina demasiado buena el señor Bennett es excelente y honesto
Hanford tráfico másters for me excelente
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