Skip to main content

Can i avoid a felony and jail time? I was offered 1 month in jail. 5 years probation and felony on my record. Help!

New Rochelle, NY |

I got arrested and charged with a DWI for being asleep in a car across the street from my home. It was very late and i was locked out, but had spare keys to the family car. I had the keys in the ignition and the car might have been on. I have a prior DWI charge where i received a misdemeanor with a conditional discharge. I was NOT pulled over, is there anyway to work around this felony and jail time.

Attorney Answers 8

Posted

I would hope for something this serious you have an attorney. You should ask him/her. If you don't have one, get one. If you can't afford, ask the court to appoint one for you.

Mark as helpful

1 found this helpful

18 lawyers agree

Posted

It's hard to say without reviewing all the evidence. Get a good attorney and fight the charges.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Mark as helpful

12 lawyers agree

Posted

If the keys were in the ignition, the engine was running, and the car was parked on a public street, that still is considered "operation" under the DWI statute. Sounds like you have some mitigating circumstances, however. Presumably, you have an attorney who has brought these factors to the attention of the prosecutor.

Mark as helpful

1 found this helpful

15 lawyers agree

Posted

Have you had a DWI before? How long ago? And what was your blood alcohol level? All of these things will factor into the judge's decision - or, you may want to fight it at trial and not accept the offer, but then if you're convicted your sentence could be a lot worse.

Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation. Merchant Law Group LLP: http://www.nyslitigators.com

Mark as helpful

13 lawyers agree

Posted

More facts are needed. You must have driven there. What was your bac or did you refuse? You could have a triable case. You need a good criminal defense lawyer who knows how to handle a dui case.

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.

Mark as helpful

14 lawyers agree

Posted

It's not easy w/a 2nd DWI, now a felony and when it is probably soon after the 1st one, especially in Westchester. Speak with your attorney.

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.

Mark as helpful

12 lawyers agree

Posted

Get yourself a good defense attorney ASAP! Contact our office if you'd like to discuss your case further!

With offices in NYC and Bridgeport Connecticut, we stand prepared to assist you at any step of most any legal situation. Contact us for a free initial consultation at 2124052234 or 2036334567

Mark as helpful

11 lawyers agree

Posted

Has the case been indicted? Is this an SCI offer? Was there a breathalyzer reading? Did you provide an inculpatory statement to police? It is possible to avoid a felony but a proper evaluation of your case would require far more information than you have provided in your question.

Mark as helpful

11 lawyers agree

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics