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Do DWI lawyers always request a suppression hearing or is this just apart of the trial process?

Kenmore, NY |

My attorney requested a suppression hearing during proceedings. I already paid my lawyer before my arraignment for everything, but I was wondering if this is just standard for attorneys to do, or actually based on evidence or lack thereof.

Attorney Answers 5


Lawyers request whatever hearing is applicable in a case. If you paid your lawyer for everything, then hearings are part if everything.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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Generally a criminal defense lawyer requests suppression hearings. Winning is rare but you get much of the paperwork before trial and get to question the police officer about the case so it is a great discovery tool.

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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It depends on the case and the strategy for resolving it. If you've got an attorney, talk to them about any questions you have. Good luck.

Jasen Nielsen

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It depends on the nature of the retainer and whether it is part of the defense service that you contracted for when you retained counsel.

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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)

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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