On a Thursday night on the Upper East Side you are pulled over by an officer with the NYPD, and subsequently arrested for driving while intoxicated (DWI). The next morning you are arraigned in court and formally charged with a criminal offense. By Friday night you face the challenge and uncertainty of DWI charges in NYC. Back at home, in your kitchen you wonder: “What do I do next?”
At the onset, every individual facing DWI charges in NYC must decide whether or not to engage a New York criminal attorney.
Typically, a person arrested for DWI in NYC begins by searching the Internet. There are websites and blog posts dedicated to information and a better understanding of DWI charges. But, as we all know, not all information found online is accurate or trustworthy. In other cases, an assessment and understanding of legal intricacies and terminology is incorrect. It is extremely difficult to read a New York statute or overview of a criminal offense and definitively decide how it applies to your specific situation. This is the work of a NYC criminal lawyer.
Therefore, after you go online and read the appropriate laws and look at the bits and pieces of information available, a criminal defense attorney is available to confirm your determinations. This NYC attorney can help you recognize areas of the law you misunderstood or reveal strengths and weaknesses in the case that didn’t occur to you. When facing DWI charges in NYC, you want to be fully prepared for a criminal court case against you, and that requires certainty in your assumptions and determinations about the law.
Defending DWI charges in NYC without an attorney is often difficult because of the procedural requirements that accompany any criminal case. Once charges are filed against you, even if a misdemeanor offense, there are specific filings needed, requests to the court, and due diligence requirements that must be made. All of these procedural and process steps begin with how you plead at arraignment. In some instances, it is wise and reasonable to plead guilty to DWI charges in NYC, but not always. Having an experienced criminal defense attorney by your side for these decisions and deadlines is extremely helpful.
In addition to the court processes and procedures, an NYC criminal attorney will know if the processes utilized by the NYPD or other arresting official were appropriate. Often, the best defenses to DWI charges in NYC argue that the police didn’t appropriately follow legal procedures. For example, a defense attorney might argue that there was no probable cause for the officer to pull you over or administer a breathalyzer test. Alternatively, there could be evidence that the device used to determine blood-alcohol concentration was compromised or faulty.
Most people charged with DWI in NYC don’t know where to begin when it comes to building a defense. Is innocence a valid argument? How do you know if the police procedures were legal? These questions and others quickly become pertinent issues for a favorable outcome in a criminal case. The individual most likely to provide valid, satisfactory answers is a criminal defense attorney. Additionally, a lawyer will know what evidence, witness statements, and other due diligence you need to make a defense persuasive to a jury and judge.
Soon after your arraignment and pleading, a prosecuting attorney may approach a DWI defendant with a plea bargain. This process of negotiation is similar to a settlement in civil court, and many criminal cases in New York end with a plea bargain. But these negotiations and binding settlements are often more in the district attorney’s favor, than the defendant’s. How should best approach negotiations for a plea bargain? With representation by a criminal defense attorney.
There are few experiences that compare with standing in open court and arguing for acquittal of criminal charges. It takes persuasion and certainty. An individual must present evidence correctly and address the jury. Even for defense of a misdemeanor, such as a first DWI offense, there are rules and procedures. An experienced DWI attorney will be
For defense to DWI charges in NYC, contact Greco Neyland Attorneys at Law. Our NYC DWI Lawyers are poised, prepared, and ready to provide representation through every phase of a DWI case. Call our office today at (212)-951-7300 for a free, initial consultation.
The information in this blog post (“Post”) is provided for general informational purposes only. This Post may not reflect the current law in your jurisdiction. No information contained in this Post should be construed as legal advice from Greco Neyland Attorneys at Law or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.