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Am I better off hiring a local attorney for DWI / DUI or a self-proclaimed superstar attorney?

Long Island City, NY |

The local attorney will cost me $2,700, but does not want to hire any expert witnesses, however the "superstar" attorney will cost me $10,000, but says that he can pretty much guaranteed the case will get dismissed with his expert witnesses. I do not have a a criminal record, but I have a prior dwai and two dismissed dui s. I am in medical school, so money is tied up with that, I have $30,000 in savings, however, I was planning on paying for another semester with that.

Specifics of the case: Riding a motorcycle on the sidewalk, BAC of .13, periodontal disease, riding without a helmet, resisting arrest bac over .08, and dwi, on $5,000 bail.

Attorney Answers 9

Posted

You should hire an attorney that handles dwi's on a daily basis.

Scott Gross
Former Prosecutor-vehicular crimes
516-662-7995

This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com

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Posted

Sounds like you need the best attorney you can get. Price doesn't guarantee results, nor do words.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

These are not your only two alternatives. (Also, I'm not sure what a "super star" attorney is ...).

There are many things to look for when hiring a DWI defense attorney. I would look for a member of the National College. I would read reviews on Avvo and elsewhere. I would prefer someone with experience as a prosecutor and as a defense attorney. Most important, I would look for someone familiar with the court where you are charged, and familiar with the prosecutor handling your case.

Expert witnesses are not needed in every DWI case. Your case may be one of them. Your case may require expert witnesses. If so the lower proceed attorney may decide that he needs to hire them.
Explain your concerns to the attorneys you mention, and interview some in between.

Christopher I. Simser, Sr.
Anelli Xavier
Syracuse - Albany - Rochester - Buffalo
1-800-DWI-TEAM

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Posted

I would not be comfortable with a lawyer who makes guarantees.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

No lawyer can guarantee an outcome, but the lawyer that wants more money in your case seems to have a greater understanding on how to defend and try a DWI case.

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

Also, you already have $5,000 tied up in bail, you can sign your bail receipt over to the attorney for half of your fee. I would go with the more expensive lawyer if you want take it to trial; if you just want an escort to read and plead you then go with the cheaper attorney.

Posted

No guarantees, but sometimes you get what you pay for.

( what do you ride? I ride a hayabusa. )

I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.

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2 comments

Asker

Posted

That is a nice bike. I ride a ducati monster 796. Hopefully I'll be able to continue to ride is when this is all said and done.

Peter J Weinman

Peter J Weinman

Posted

Also a great bike. good luck.

Posted

There is no such thing as a guarantee. Additionally, the attorney who is quoting you 10,000, will probably have YOU pay the fee for the expert. I'm not sure what type of expert this attorney is referencing, but just from your brief description, i'm not sure i see how an expert witness would fit in with your fact pattern. The BAC reading is close to double the legal limit, so it would be tough for an expert to rework or reinterpret the numbers to bring it all the way down to below .08. Have you been charged with a felony? If your 1st conviction was in the prescribed time period, you could be subject to an indictment. Each jurisdiction has different policies within the respective DA's offices with regards to what DWIs they choose to indict. You have a lot on the line. Your future working in the medical arena is at risk. This needs to be taken extremely seriously. What borough did this take place in? I have almost 12 years experience at a local District Attorney's Office, and it is possible i could be of great help to you. Lastly, i'm not here to preach to you, but perhaps you should speak to someone regarding your alcohol consumption. It seems that you are frequently getting arrested for drunk driving. Perhaps a food attorney could work out a disposition with the prosecutor that would allow you to seek some sort of out-patient treatment or counseling, and if you successfully completed the program, you could receive a greatly reduced plea offer.

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Posted

I don't like attorneys "guarantees" because it is unethical to promise that to a client, and it implies bribery, especially for some of the fees demanded. That is not to say superman does not warrant all that money if he can deliver because of his expertise and track record. You are at greater risk because of your unresolved alcohol problem and recidivism, which will be taken into account by the DA and the court, and their position may compel you to trial, so you want the best bet for an attorney. No easy answer here.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

I'm no trial lawyer, but the "local" fee sounds low for all the issues you mention. Where is the "superstar" from? Is he known in NYC criminal practice, particularly Queens (assuming that's where you're being prosecuted). How "local" is the "local," i.e., just Queens Criminal Court, or metro NYC? Like the other attorneys, though, I am concerned about the "superstar's" "guarantee." He may want to consult an expert on the periodontal disease question, as that might affect BAC.

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