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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.

Tag: arrest

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.

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.

Continue reading “Use of Drug Sniffing Dogs at Traffic Violation Stops”

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.

Continue reading “What Happens at an Arraignment?”

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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
Nel Souls
Great lawyers
Response from the owner:Thank you, Nel, for taking the time to leave us a five-star review. We truly appreciate your kind words and your trust in McGuire, Peláez, Bennett & Belcastro, P.C. It was our pleasure to assist you, and we’re grateful for the opportunity to serve you. Please don’t hesitate to reach out if we can ever be of help in the future. — McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law
Kiara Merino
McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law is a law firm you can truly trust. Their lawyers are professional, approachable, and genuinely care about helping their clients through difficult situations. They take the time to listen, explain things clearly, and fight hard for the best possible outcome. Overall, they are known for being dependable, experienced, and supportive every step of the way. I live the way that they are also bilingual. Karen was a lot of help in my case, she made things more easier for me . From my experience I would 100% recommend this firm to anyone.
Response from the owner:Thank you for your thoughtful and heartfelt review. We truly appreciate you taking the time to share your experience with McGuire, Peláez, Bennett & Belcastro, P.C. Our goal is always to provide trusted, compassionate, and effective legal representation, and we’re grateful to know that you felt supported, well-informed, and cared for throughout your case. We’re especially pleased to hear that Karen was such a help and made the process easier for you — she will be very appreciative of your kind words. We are also proud to serve our clients bilingually to better meet their needs. Thank you for your trust and for your strong recommendation. We wish you continued success and all the best moving forward. — McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law
Mario Diaz
Very professional and knowledgeable! They helped me in different cases and have made the process much less stressful. Grateful for all their work!
Response from the owner:Thank you, Mario, for your kind review and for trusting McGuire, Peláez, Bennett & Belcastro, P.C. We are glad to hear that our team was able to assist you with multiple matters and help make the process less stressful. Providing professional, knowledgeable, and supportive representation is always our goal, and we truly appreciate your gratitude and confidence in our firm. — McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law
Josue Coreas
I had an excellent experience with McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at Law. From start to finish, the entire office was professional, knowledgeable, and truly dedicated to helping me with my case. They took the time to explain everything clearly and made sure I felt supported every step of the way.

I especially want to recognize Karen Lazo, who was absolutely amazing. She went above and beyond to assist me and made the Spanish translation process easy, clear, and stress-free. Her patience, professionalism, and kindness made a huge difference, and I truly felt understood and cared for.

I highly recommend this law firm to anyone looking for reliable, compassionate, and professional legal representation. Thank you to the entire team—and especially Karen—for such outstanding service.
Response from the owner:Thank you for taking the time to share such a detailed and thoughtful review. We are truly grateful for your kind words and for placing your trust in McGuire, Peláez, Bennett & Belcastro, P.C. We are pleased to hear that your experience with our firm was professional, supportive, and clear from start to finish. Making sure our clients feel informed and supported throughout their case is always a top priority for our entire team. We especially appreciate your recognition of Karen Lazo. She takes great pride in assisting our clients, and we are glad to know her patience, professionalism, and bilingual support made a meaningful difference in your experience. Your comments will mean a great deal to her. Thank you again for your recommendation and kind words. We wish you all the best and are always here should you need assistance in the future. — McGuire, Peláez, Bennett & Belcastro, P.C. Attorneys at La
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