$ 200-250 per hour
PRO
Virtual Consultation Available
I was born in Canada, went to law school in Montreal and got married to a beautiful American! We now have two children, and we live in upstate New York. I was lucky enough to have the opportunity to work as a sous-chef, a logger and a carpenter in my younger years. I have dedicated the last 15 years of my life to law. I now have a Master's Degree in Law and i regularly practice in New York and in Quebec. I have been hadnling criminal cases for almost ten years now and i have been involved in Immigration Law for about 5 years. I routinely represent Canadian clients who face criminal charges in the United States, whether in New York or federal courts. I've also handled hundreds of TNs, L-1a and L1-b visas.
When i'm not practicing law, and after the kids are in bed, i like to create metal scultptures, fix broken engines and listen to and play music.
4
Practice Areas
19 years | 2,000 cases
14 years | 200 cases
19 years
$ 200-250 per hour
Always
State: New York
Acquired: 2007
No misconduct found
69 Client Reviews
Showing 16 - 19 of 19 reviews | Practice Area Knowledge
Posted by Ryan | August 13, 2018 | Hired Attorney | Criminal Defense
Letter of Explanation
I met with Dave to get guidance regarding the effects of a past petty offense. Dave wrote me a letter of explanation explaining this offense which I can use for various purposes including background checks, licensing boards and other purposes. Dave was very diligent and always answered any questions ...
Posted by Xiomara | June 27, 2018 | Hired Attorney | DUI & DWI
Highly Gifted Attorney
Dave's experience and dedication was obvious in his hard work and extreme knowledge of how to handle my complicated case. I contacted him about an auto accident which I was charged with 7 violations, including DWI. The proper handling of my case was necessary as the outcome could have been detrimen...
Posted by Jaclyn | July 13, 2017 | Hired Attorney | DUI & DWI
so thankful I hired Dave to help me!!
I hired Dave Gervais to represent me in my case when I was charged w a DWI and also received 3 other traffic tickets as well one for speed in zone ,no inspection, and moving unsafely between lanes we went to court one time we completed everything and I came out with a reduction to a dwai that is no...
Posted by anonymous | March 24, 2023 | Hired Attorney | Criminal Defense
Would not recommend Mr Gervais
I hired Mr. Gervais for a family member. He is a nice person, but nice isn't enough. I found he did not advocate for my family member & instead advocated for a plea bargain & was afraid of the DA. When presented him with sound legal precedence from the family, he admitted it was a good idea & used i...
I'm sorry to hear that you and D. are not satisfied with my legal services. I strive to provide the best representation I can in every case. When D. came to me after firing her first attorney, I promised her I would do my best to achieve the very best result I could achieve, whether through a trial or by plea negotiations. After going through all of the evidence, it became obvious that this was not a good case to take to trial. There was a very clear audio recording of the drug sale which also clearly identified D. Since a trial was no longer a viable option, the obvious strategy was then to negotiate the best plea offer possible. None of the information that I discussed with D. during the meetings we had in my office amounted to a defense. It did however reveal several arguments to be used at sentencing which has yet to take place. I was able to secure a plea offer that was substantially better than the one negotiated by her first attorney: it would have D. essentially serve 2 months in treatment on a 4 year sentence of incarceration rather than 9-10 months also on a 4 year sentence of incarceration, as negotiated by her first attorney. D. voluntarily entered a plea of guilty in court and the judge clearly asked D more than once if she was pleading guilty and accepting the plea offer "voluntarily and knowingly". D. answered in the affirmative every time. Furthermore, this case was made more complicated by the fact that in the recent past, D. served prison time for a very similar charge. This increased her prison exposure should we have lost at trial. What I find sad is that no one close to D. seems to be willing to address D's very serious drug addiction and her accompanying mental health issues. I believe, after 18 years as a criminal defense attorney, that she is suffering needlessly, and she really has to enter rehab immediately. Once D. has retained a new attorney, please let me know so I can forward to him/her a complete copy of my file. I wish her well and I truly hope she can get her life back on track. She deserves it.
"I endorse this lawyer. David is an excellent criminal lawyer. Further, he has the knowledge of being a Canadian and US lawyer, which provides his international/immigration clients with this expertise that other attorneys do not have. I highly recommend David for any criminal or immigration matters."
"David is a fantastic attorney and person. He has an unbelievably wide array of life skills which puts him in a unique position to understand a client no matter their background. He is responsive and hard-working on any case, no matter how big or small you believe it may be. I worked hundreds of case against David and he humanized each and every client."
"I endorse this lawyer. David not only knows the law well, but he is an outstanding advocate for his clients. He is well versed in the potential immigration consequences for his clients, and knows how to get the best results for his clients."
"I endorse this lawyer. Attorney Gervais is knowledgeable, hard-working and a well regarded attorney in the community. Highly recommended."
DUI and DWI lawyer
Criminal defense lawyer
Criminal defense lawyer
Criminal defense lawyer
2020
Peer Review Rated, Martindale-Hubbell
2020
Super Lawyer, Super Lawyers
2013 - 2014
Staff defense counsel, CLinton County Drug Court
2013 - 2014
Staff defense counsel, Plattsburgh CIty Court Mental Health Court
2009 - 2011
Associate, Niles, Piller & Bracy, PLLC
2007 - 2009
Associate, Ruchelman and Cruikshank PC
2023 - Present
New York State Association of Criminal Defense Lawyersmember
2015 - Present
Northern District of New York Bar associationMember
2013 - Present
American Immigration Lawyers AssociationMember
2007 - Present
New York State Bar AssociationMember
2002 - Present
Barreau du QuebecMember
Not guilty on all counts.
Hung Jury, felony reduced to a misdemeanor.
All charges dismissed
All charges dismissed
Not guilty
Not guilty of Most serious charge
Gren card approved
Client found not guilty
Client found not guilty
Not guilty verdict
Defendant granted participation in Drug Court program avoided prison sentence.
Motion granted, charge dismissed.
Judge ruled in favor of defendant, found not guilty.
Case dismissed, all charges were dropped.
2007
LL.M - Master of Laws
1994
LL.B - Bachelor of Laws
2022
Criminal cases related to illegal immigration from the Northern Border
2019
WCAX television interview on recent criminal law changes
2019
New York Times Interview on recent trends in Immigration
2017
Trans-border criminality
2017
RECENT IMMIGRATION CHANGES
2017
Immigration issues under Trump
2016
Mining claims vs landowners rights in Adirondacks
2008
English
French
Legal Answers
I have served 2 years of a 5 year probation sentence in upstate ny ...can i apeal to terminate probation at any timr
13 May 2017
Can someone from NJ file charges and have me arrested in NY? Also, can I be extradited to NJ to face trial?
13 May 2015