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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: criminal law

Canadian Visitor Dies in Dump Truck Accident

On February 12, 2016, a 48-year-old woman was fatally struck by a dump truck while in a crosswalk in Manhattan.  The woman, who was visiting from Canada, died at the scene from internal injuries.

According to the New York Daily News, the driver will probably not face criminal charges.  The driver of the truck apparently did not see her crossing the street due to a blind spot and did not realize he had struck her until he turned the corner.

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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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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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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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Muy buenos abogados!
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Son buenos abogados, he ido varias veces y me han ayudado con todos mis casos
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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! 🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟🌟
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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
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