Frequently Asked Questions

DWI Defense FAQs

Q: Will I go to jail for a first offense DWI in New York?

A: For a first offense DWI, jail time is possible but not mandatory. The maximum sentence is up to 1 year in jail, but many first-time offenders receive probation, fines, and license suspension instead. The outcome depends on your BAC level, whether there was an accident, and the strength of your defense. I have successfully negotiated reductions to non-criminal traffic violations for many first-time clients.

Q: How long does a DWI stay on my record in New York?

A: A DWI conviction in New York remains on your driving record for 10 years. Unlike some states, New York does not allow expungement of DWI convictions. However, after 10 years, it may not count as a prior offense for sentencing purposes on a new charge. This is why fighting your first charge aggressively is so important.

Q: Will I lose my license immediately after a DWI arrest?

A: Your license can be suspended at arraignment if your BAC was 0.08% or higher, or if you refused the breath test. For a refusal, the DMV automatically suspends your license pending a refusal hearing. However, you may be eligible for a hardship license or conditional license depending on your circumstances. I can help you navigate the DMV process and fight for your driving privileges.

Q: Can a DWI be reduced to a lesser charge?

A: Yes. Depending on the circumstances of your case, a DWI can sometimes be reduced to DWAI (Driving While Ability Impaired), which is a traffic violation rather than a criminal offense, or even to a simple traffic infraction. I have successfully negotiated hundreds of reductions by identifying weaknesses in the prosecution’s case, challenging evidence, and leveraging my 30+ years of relationships with Suffolk and Nassau County prosecutors.

Criminal Defense FAQs

Q: Should I talk to the police if I am arrested?

A: No. Exercise your right to remain silent and request an attorney immediately. Anything you say can and will be used against you. Even innocent statements can be misconstrued. Call my cell phone directly at (631) 903-3733 and I will guide you through the process.

Q: How much does a criminal defense attorney cost on Long Island?

A: Legal fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. Misdemeanors typically cost less than felonies. During your free consultation, I will provide a clear explanation of fees and payment options. Remember, the cost of a conviction—lost employment, professional license revocation, immigration consequences—far exceeds the cost of proper defense.

Q: What is the difference between a misdemeanor and a felony?

A: Misdemeanors are less serious crimes punishable by up to 1 year in jail. Felonies are more serious crimes punishable by more than 1 year in state prison. Examples of misdemeanors include petty larceny and simple assault. Felonies include grand larceny, burglary, and serious drug offenses. The classification affects everything from bail to sentencing to your permanent record.

Q: Can you get my charges dismissed?

A: Dismissal is always the goal. I pursue dismissal by challenging illegal searches and seizures, insufficient evidence, improper police procedure, and constitutional violations. If the prosecution cannot prove every element of the charge beyond a reasonable doubt, the case should be dismissed. I have secured complete dismissals for hundreds of clients throughout my career.

Domestic Violence FAQs

Q: What happens if I am charged with domestic violence?

A: Domestic violence charges in New York trigger immediate consequences including arrest, potential orders of protection, and restrictions on returning home or seeing family members. Even misdemeanor charges can result in jail time, mandatory counseling, and a permanent criminal record. You need an experienced attorney immediately to protect your rights and your family.

Q: Can the alleged victim drop the charges?

A: No. In New York, only the prosecutor can drop charges. The alleged victim cannot unilaterally dismiss the case. However, the victim’s willingness to cooperate—or lack thereof—can significantly impact the prosecution’s ability to proceed. I work with all parties to achieve the best possible outcome while respecting the alleged victim’s wishes when appropriate.

General Questions

Q: How soon should I hire a lawyer after arrest?

A: Immediately. The sooner I am involved, the more I can protect you during police questioning, bail hearings, and early court appearances. Critical evidence may be lost or destroyed if we wait. Evidence favorable to your defense is freshest immediately after arrest. Call my cell directly at any time.

Q: Will my case go to trial?

A: Most criminal cases resolve through negotiation rather than trial. However, I prepare every case as if it will go to trial. This trial-ready approach strengthens our negotiating position and ensures we are prepared if the prosecution refuses reasonable offers. If we do go to trial, you have a seasoned trial attorney with 30+ years of courtroom experience fighting for you.

Q: Do you offer payment plans?

A: Yes. I understand that legal fees can be a burden, especially when facing unexpected charges. During your free consultation, we will discuss fees and work out a payment arrangement that works for your situation. Investing in experienced legal representation now can save you far more in the long run.

Have more questions? Call me directly at (631) 903-3733 for a free, confidential consultation.