Kevin Keith McKain’s Answers

Kevin Keith McKain

Rochester Criminal Defense Attorney.

Contributor Level 10
  1. Is it protocol for a criminal defense lawyer in FLORIDA to request a large amount of money ($10,000) up front?

    Answered 11 months ago.

    1. Kevin Keith McKain
    2. Justin Gary Hausler
    3. Jeffrey David Boston
    4. Mark H Randall
    5. Amanda Marie Sampaio
    5 lawyer answers

    Yes. A lawyer can charge an hourly rate or a flat rate. If it is a flat rate, the attorney can require payment in full at beginning of services. If an hourly rate, an attorney can require an up-front retainer to bill against.

    13 lawyers agreed with this answer

  2. DUI Breathalyzer police have in their car?

    Answered 12 months ago.

    1. Michael Jon Fremont
    2. Kevin Keith McKain
    3. Daniel M. Fox
    4. Dean George Tsourakis
    5. Joshua James Price
    6. ···
    6 lawyer answers

    Sounds like the police used an alco sensor device, not a chemical test. It also sounds like you are not being charged with DUI, only a violation of probation, given a .01 is not a DUI. That could also explain why the police didn't administer a breathalyzer test like a datamaster.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can one legally obtain evidence to prove there own innocence in court? Would it be considered conspiracy?

    Answered 12 months ago.

    1. Kevin Keith McKain
    2. Sholeh Iravantchi
    3. Andrew Stephen Roberts
    4. Stephen F Wallace
    5. Michael Kevin Cernyar
    6. ···
    7 lawyer answers

    There are several ways to obtain evidence. The most obvious is through discovery--getting Brady and Rosario information from the prosecutor, which the prosecutor is obligated to provide. You also could hire a private investigator to question witnesses and obtain other available evidence.

    11 lawyers agreed with this answer

  4. What possible outcomes can I expect? (I know this is a very broad question)

    Answered 11 months ago.

    1. Kevin Keith McKain
    2. Todd F. La Neve
    3. Eric Edward Rothstein
    4. Michael J Palumbo
    4 lawyer answers

    It means you have a fighting chance of being found not guilty, assuming the pd is worth his or her salt as a trial lawyer. If convicted in Monroe County, you will likely face five years probation. Jail is possible but not likely unless your judge is Affronti or Randall.

    Selected as best answer

  5. Misdemeanor Charge

    Answered 12 months ago.

    1. Andrew Joseph Bouvier-Brown
    2. Victoria L Clemans
    3. Greg Hagopian
    4. Kevin Keith McKain
    5. Michael Kevin Cernyar
    6. ···
    7 lawyer answers

    Almost all criminal cases are open to the public. Therefore, yes, you can watch a trial in the gallery.

    9 lawyers agreed with this answer

  6. I was granted an ACD for marijuana .I am about submit my Real estate salesperson application what should I answer for ...

    Answered 11 months ago.

    1. Kevin Keith McKain
    2. Eric Edward Rothstein
    3. Howard A. Schwartz
    4. Peter J Weinman
    5. Edward Brandon Beckham
    5 lawyer answers

    Technically, the charge has not been dismissed yet, so it's pending. I'd consider waiting 6 months and applying.

    7 lawyers agreed with this answer

  7. I am on a 3 year dwi misdemeanor probation. I got arrested 2x for violating in erie county but 2 different city lackawanna & buf

    Answered 11 months ago.

    1. Jonathan Brian Manley
    2. Eric Edward Rothstein
    3. P. Adam Militello
    4. Michael J Palumbo
    5. Kevin Keith McKain
    5 lawyer answers

    Get an attorney and have your attorney contact probation and the prosecutor to get you some options.

    6 lawyers agreed with this answer

  8. How can I try to clear my name after release of probation from a felony dwi with previous conviction?

    Answered 12 months ago.

    1. Kevin Keith McKain
    2. Eric Edward Rothstein
    3. Christopher Irvin Simser
    4. Howard A. Schwartz
    4 lawyer answers

    In New York, there is no such thing as expungement. Thus, you can't hide previous convictions. You can, however, seek to obtain a certificate from relief of disabilities or certificate of good conduct, which can get you some rights back which you lose with a felony conviction.

    6 lawyers agreed with this answer

  9. Would PO need name of person who said I smelled like alcohol for probable cause for DWI stop? or would the below rule pertain?

    Answered 11 months ago.

    1. Gene Raymond Beaty
    2. Kevin Keith McKain
    3. Derek Anthony Patrin
    3 lawyer answers

    The cited law is applicable, but it does not provide you with an absolute defense.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Indecent exposure while intoxicated. First time offense. No other record. What steps to avoid jail and public record registry?

    Answered 12 months ago.

    1. Scott R. Scherr
    2. William Lawrence Welch III
    3. Kevin Keith McKain
    4. Jason W Cleckner Esq.
    5. Anthony Michael Solis
    5 lawyer answers

    Jail seems unlikely, given first offense. Probation is an option.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful