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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.

Category: Criminal Law

Tragic New York Boating Accident Case Comes to a Close

As the weather heats up, more New Yorkers are taking their boats out onto the open seas. Although boating is a fun activity to engage in, it is important to recognize that it can also be extremely dangerous if certain precautions are not taken. Boat accidents may occur for various reasons, including boating under the influence, negligent speeding, or a manufacturers defect, among others. Recently, a New York man was convicted of manslaughter in a horrific boating accident that occurred on Lake George and resulted in the death of an 8-year-old girl and other serious injuries.

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Suffolk County Judge Reopens Juvenile Drug Treatment Court in Central Islip

On January 26, 2017, a Suffolk County judge announced the reopening of the Juvenile Drug Treatment Court in Central Islip. Several years ago, many had deemed the drug treatment courts for juveniles to be a success. However, due to lack of state funding, these drug treatment courts became obsolete in Suffolk County, while drug treatment courts for adults remained. The goal of the juvenile drug treatment court is to reduce substance abuse and non-violent behaviors among the youth who have become involved in the family court system.

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Long Island Limo Driver’s Charges Dismissed After Fatal Crash

A Suffolk County Supreme Court Justice dismissed the charges against the limousine driver involved in a fatal Suffolk County crash last July. Carlos Pino, age 59, was attempting to make a U-turn at an intersection in Cutchogue after picking up his passengers from a nearby winery. Upon attempting to make the U-turn, the limousine was broadsided by a pickup truck that what being operated by a driver under the influence. Four of the passengers Brittney Schulman, Lauren Baruch, Amy Grabina, and Stephanie Belli were killed in the accident, and four others were injured.

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New York Orders of Protection

An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.

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Use of Drug Sniffing Dogs at Traffic Violation Stops

In 2005, the United States Supreme Court held that there is no expectation of privacy when carrying drugs. Accordingly, the Court determined that the use of drug sniffing dogs during a traffic violation stop did not violate the unwarranted search and seizure clause of the Fourth Amendment.

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What Happens at an Arraignment?

An arraignment is typically the first proceeding where a defendant is brought before a judge.  The Court must inform the individual of the charge(s) and determine whether bail is appropriate or if the person should be released on their own recognizance.

When deciding bail, the Court considers the defendants ties to the community and whether he will be a flight risk.     Some factors weighed include whether the defendant’s ties to the community, including whether he lives with and visits family, is employed, has a previous criminal history, and whether she has failed to appear at previous scheduled court proceedings.

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Couple Alleges Abusive Treatment of Daughter at Daycare

Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility.  The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents.  The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited.  Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.

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Lawmakers Discuss Reforming New York City Bail Requirements

New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.

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Common Pre-Trial Hearings in a Criminal Case

On the way to trial, many pre-trial motions and hearings may be scheduled. Usually the defense will make an “Omnibus Motion” that will include all the legal motions they will be filing. A date will then be set for the prosecution to answer the motion, as well as a court date. The motions consist of arguments concerning whether certain evidence should be included or excluded at trial. Such evidence may relate to physical evidence, statements, or identification procedures.

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Understanding the Difference Between DWI and DWAI in New York

Driving While Impaired (DWAI – in lay terms “buzzed driving”) means your ability to operate a motor vehicle has been affected to any extent by the consumption of alcohol. DWAI is a violation, not a crime. Driving While Intoxicated (DWI – in lay terms “drunk driving”) means you are physically and mentally incapable of driving as a reasonable and prudent person due to the consumption of alcohol. Driving While Intoxicated is a crime.

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Great experience always. They are so kind and helpful. Thanks for everything.
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Amilcar Benitez
Response from the owner:Thank you Amilcar. Glad we could help you!
Ariel Rodriguez
This is a great firm of lawyers. Brett Bennett handled my case professionally. It took only one meeting to give me a clear explanation and guidance about my traffic tickets and after a month it was all resolved! I avoid getting points on my license thanks to the great work they do I highly recommend it. Using their service. They absolutely the best you..
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Excelente servicio, desestimaron los múltiples cargos por infracción de tránsito a mi hijo, te brindan tranquilidad, seguridad, despejan tus dudas. Profesionales en todo el sentido de la palabra. Súper recomendados. Gracias de corazón por su valiosisima ayuda.
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Hands down the hardest working and most professional attorney I have ever had on retainer. Mary Pelaez is incredible and is worth every penny she charges. Do yourself a favor and only hire the best!
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