Brooklyn DWI Lawyers
- Mirvis Law Firm:
Unfortunately often you can become a victim of bad judgment, misinformation, lack of knowledge or experience. Overcoming the burden of accusation of a criminal act can be overwhelming. We understand you have a substantial amount to lose. When you are facing criminal allegations, your life, work and accomplishments are at risk—your reputation, home life and business are in jeopardy. That’s why choosing the right criminal defense attorney becomes the most important decision you will make.
- Evans, Robert:
Have you been charged with a traffic or moving violation?
· Is your driver’s license suspended or revoked?
· Are you a truck owner or operator with safety or administrative violations?
· Do you have a CDL?
· Is your vehicle about to be towed because of out-of-service violations?
DID YOU KNOW THAT:
· Driving on a suspended/revoked license is now a crime punishable by jail?
· Conviction of drug possession will result in license suspension/revocation, regardless of whether or not a motor vehicle was involved?
· Failure to pay child support or a judgment involving a motor vehicle accident will result in the suspension of your license?
· Arrests arrest for DWI will result in the immediate suspension of your license pending prosecution? (And possible seizure of your car!)
DRIVERS: Haven’t paid or contested your ticket for a moving violation?
· DMV can suspend your license and/or impose a penalty for 6 or more points.
· DMV will list the conviction and points on your driving record.
· Your insurance costs can be increased for three years, or the policy cancelled.
- Epstein & Conroy:
If you have been accused of a crime, the decisions you make now can literally affect the rest of your life. The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future.
- Gendelman, Tanya:
There are three different classes of criminal offenses under New York law; violations, misdemeanors, and felonies. Violations are the most minor of these, punishable by up to fifteen days in jail at most. Misdemeanors are a bit more serious, punishable by up to one year of jail. Felonies are the most serious crimes, punishable by well over a year in a state prison. Regardless of the severity of the crime you are accused, you should consult a New York criminal attorney from the law offices of Tanya Gendelman PC to make sure your rights are not ignored.
Everyone should know that a violation is not the same as a misdemeanor. A violation is not considered to be a criminal conviction and the record is usually sealed. If someone with no previous criminal record can been arrested for a New York violation, that person could legally state on a school or employment application that he or she has never been convicted of a crime. On the other hand, a misdemeanor is a criminal conviction that stays on the persons criminal record for life. Unfortunately, New York criminal law has no provision for expunging such convictions. However, a court may choose to grant a defendant a "Certificate of Relief from Civil Disabilities" which removes bars to employment with state or municipal governments that are imposed by law due to your conviction.
- Curt Arnel:
Prosecutors may coerce you into pleading if you are charged with a DUI/DWI. Other attorneys may encourage that type of resolution.
- Lonnie Hart:
Don’t put your future in the hands of less capable lawyers. There are a lot of lawyers out there who simply don’t have what it takes to get what you need.
- Richard Cardinale:
If you have been arrested, or if a loved one has been arrested, you need an attorney working for you as soon as possible.
- Schwartz Law Firm:
It's critical that you have the information you need to make good decisions, and that you have that information early in the process. You need to know how the charges and the choices you make in responding to them can affect your future-and your family's future. Talking to a lawyer who knows the law and how it applies to your case will help you make informed decisions.
- Scott Cerbin:
DWI is the fastest growing area of criminal law. Each year the legislature passes tougher DWI laws and the amount of arrests increases. Most recently, in November 2006 New York created the crime of Aggravated DWI. This offense is intended to severely punish individuals arrested for driving with blood alcohol levels far above the legal limit of .08 of one percentum. The consequences of a DWI conviction can be devastating. DWI is a very specialized field of law and it is crucial that an individual charged with a DWI offense retain an attorney with specialized training and trial experience in this area.
- Storobin & Associates:
Driving Under Influence Representation
- Goldberg, Sager & Associates:
For many people, traffic tickets, violations and citations can be just
as damaging as any other criminal accusation. Convictions can, of
course cost money, including higher insurance rates, but enough can
also cause your license to be revoked. For many people, especially
truck drivers, a license revocation means a loss of livelihood.
- David Hernandez:
Every criminal defendant needs an attorney. Innocent people do end up
in jail, and the best way to prevent such a miscarriage of justice is
to hire a criminal defense lawyer. Your lawyer will work throughout the
criminal justice process to ensure that your rights are protected and
that the truth prevails.
- David Epstein:
’DUI’ stands for Driving under the Influence. ’DWI’ stands for
Driving While Intoxicated. These two similarly related charges occur
when someone is operating or isin actual physical control of a motor
vehicle while under the influence of alcohol or other controlled
substance, to the extent that their mental faculties are impaired
and/or their Blood Alcohol Content is above the legal limit. Even for a
first offense, penalties can include license suspension, substantial
fines, mandatory attendance at a state or DMV approved alcohol program
and mandatory overnight incarceration. In addition, a DUI/DWI
conviction stays on a DMV record for at least 7 years; it typically
results in higher insurance premiums, and an offender may become
ineligible for credit. A criminal conviction could also jeopardize your
employment opportunities.
- Brian
Perskin:
Retain a skilled, experienced criminal defense lawyer and
attorney who will fight hard for your legal rights and do his
best to see that you are acquitted of the charges against you.
Deciding on the attorney to retain to defend your freedom may
be the most important decision of your life.
- Robin Smith:
If you are charged with driving while intoxicated and your
blood/alcohol content is alleged to be .10% or higher, the
judge who arraigns your case will take your license from you
and suspend it pending the outcome of the case.
A lawyer can request that the
judge not immediately suspend
your license by asking for a
20-day stay. That would allow
you to have a conditional
license allowing you to drive to
go to school or work pending the
outcome of the case.
Hubert Law Office:
Frequently Asked Questions (FAQ) About Criminal Defense Law
How can I tell if I need a lawyer?
Generally, if you are under investigation for a possible
crime, you need an
attorney. As a practical matter, if you are asking this
question, you have nothing to lose by asking us about it.
We may set your mind at ease. Retaining a lawyer may also
prevent charges being filed against you.
What if I am innocent? Won't I appear guilty - or at least uncooperative if I call a lawyer?
It doesn't matter. Officers do not have the authority
to "make deals" and they are not there to become your
friend; they are professionals doing their job, and the law gives the
police a lot of leeway to do that job. So while the
detective, FBI agent, postal inspector, etc. on the phone
or visiting you wants you to believe that he or she is or
wants to be your friend or can talk to the prosecutor on
your behalf, you should know that this impression could be
totally false and considered good police work at the same
time You have the right to remain silent at all times
under the Fifth Amendment of our Constitution.
Your attorney can gain
access to many facts pertaining to the criminal
investigations that are not directly available to you.
Your attorney can express your rightful concerns to the
court and prosecuting attorney and should be able to
explain to you the charges filed against you.
Your lawyer can analyze
the facts that you may not appreciate and compare them to
the applicable laws and penalties to determine what
strategy is right for your defense.
What do I do if the police arrest me?
Politely state your name and request the presence of your attorney
prior to any more conversation. Treat officers of the law with
courtesy and respect and wait for your attorney before giving any
information.
How much will this cost?
An estimate of the legal
fee requires at least an intelligent understanding of the
facts. That understanding can be gained through the
consultation. Defending a criminal action involves various
costs depending on the complexity of the defense and the
amount of time that the defense actually takes. Other
costs may be incurred such as investigators, experts and
Court transcripts. These items will be discussed during
your initial consultation.
In general, the factors
affecting the legal fee are:
The professional time that we expect to spend on your case,
the value of our judgment and expertise,
the importance of the case to you,
and the fee for similar services customarily charged in this area.
What if the police don't read me my rights?
Outside
of TV land, the
police do not have to read you your rights. However, if
they do not read you your rights after the arrest and
before interrogation, then the statements you are said to
have made could be precluded from being used against you
at trial But, if you testify and say something different
than what you allegedly said in your prior statement, they
can use the statement anyway. Many people do not realize
that Mr. Miranda himself, was retried, convicted of
murder, and sent to jail.
Certainly you should take
note of whether or not the police read you your rights if
you are arrested, but if you do not make any statements,
it does not make a difference.
What happens when someone is arrested?
After being fingerprinted,
they will be either released from the police precinct and
told to appear in court on a future date (not common in
New York City) or brought before a judge within a day or
so after the arrest so that the judge may decide whether
to set bail or release them pending the prosecution of the
case. The fingerprints are checked for records of prior
arrests and convictions.
What is best to wear to Court?
Excellent question. Dress conservatively and carefully for a
crisp professional look. Dressing well shows respect for the
judge and the Court itself. The tailored clothing and dark,
businesslike colors that you would wear for a job interview are
generally best.
What is bail?
Bail is the Court's surety that you will appear for your actual court
date. Bail is generally posted by bond but may be posted in
cash. Bail bondsmen are listed in the Yellow Pages.
Can bail amounts be reduced?
Yes, there are instances where that has been done.
Take note however, that the
law presumes that the bail that is originally set by the
judge at arraignments is the correct amount of bail. An
attorney would need to be able to show the judge a "change
in circumstances" since the time the bail was set or prove
that the amount was set "unconstitutionally high". Judges
in New York are given wide guidelines when setting bail.
What happens to the bail money?
Bail money is held by the government until your case
ends. Your money will then
be returned to you (or the person who posted bail),
generally minus a bail surcharge which covers
administrative costs.
Do I have to appear in Court every time the case is scheduled?
Yes, promptly unless told otherwise.
Why can't I just get a free public defender?
You certainly can if you
meet the qualifications guidelines of the State of
New York Some public defenders are extremely caring
and skilled and you may be assigned someone that you get
along with very well. You will not, however, have a choice
as to the appointed attorney and are not usually allowed
to change to another lawyer.
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