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

Asked about 1 year ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  3. Michael J Palumbo

    Pro

    Contributor Level 19

    11

    Lawyers agree

    Answered . 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.

  4. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . 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

  5. Joseph A Lo Piccolo

    Contributor Level 20

    6

    Lawyers agree

    Answered . Both.


    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... more

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