David Sebastien Gervais

PRO

David Sebastien Gervais

4.9
Rating: 8.9

Licensed for 18 years

Criminal defense Lawyer at Plattsburgh, NY
Practice Areas: Criminal Defense, Immigration, DUI & DWI, Speeding & Traffic Ticket

22 Us Oval, Suite 203, Plattsburgh, NY

Virtual Consultation Available

About David

Biography

Have you or a loved one been charged with a crime? Attorney David Gervais is here to help!

Attorney David Gervais has been handling drug possession and sales, assaults and DWIs since 2007.

Attorney David Gervais handles visas such as TN, L-1a or b, H-2, as well as Green Card applications

Practice Areas

4

Practice Areas

Criminal Defense 40%

Criminal defense across New York and in the Province of Quebec: DWI, assault, burglary, theft. Jury and non-jury trials.

19 years | 2,000 cases

40%
DUI and DWI 25%

25%
Immigration 25%

spousal green card and citizenship applications as well as L-1A, L-1B, TN, and other business visas

14 years | 200 cases

25%
Speeding and Traffic Ticket 10%

19 years

10%

Fees and Rates

Cost

Hourly Rates

$ 200-250 per hour

Retainer

Always


Payment Methods

  • Cash
  • Check
  • Credit Card

Awards

Client's Choice
Client's Choice
2024 2023 2022
...
+ 6

Licenses

Licensed in New York for 18 years

State: New York

Acquired: 2007

Currently Registered

No misconduct found

Location

Law Office of David Gervais

22 Us Oval, Suite 203, Plattsburgh, NY, 12903

dgervaislaw.com/

David Sebastien Gervais's Reviews

Avvo Review Score

4.9 /5.0

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 ...that I had. I highly recommend Dave for any legal matter based on my experience. Dave was an excellent lawyer for me and got the job done.

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...tal to my immigration status. Dave did an outstanding job and is highly knowledgeable in both areas of the law. He suggested several ways to proceed with my case. We ended up doing a motion which the judge granted based on extensive information David put together about myself and my case. The DWI was dismissed and the outcome was beyond my expectations. I am forever grateful for Dave's God-given skills and gifts of helping others. I hope I never have need of his services again but if you find yourself needing an attorney I suggest David Gervais without reservations.

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...t a misdemeanor and they dropped all other charges I only lose my license for 3 months and can have a conditional the minimum fines and 2 minor classes I have to attend. And the case closed that day. I am beyond happy with my experience w him and will always hire him if I ever need a lawyer again. Thanks again Dave you're the best!!!

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...t .. however, all to late & with zero enthusiasm. As well, his behavior in front of the judge was embarrassing. He expressed zero passion & it was obvious that the judge was waiting for Mr Gervais to stand up for his client- which he did not. The consequences of the inadequate representation have been beyond devastating. Mr. Gervais may be adequate for misdemeanors. DO NOT use for felonies.

David Gervais

Replied last March 27, 2023

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.

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David Sebastien Gervais's Lawyer Endorsements

Endorse David
Joseph Robert Spencer headshot
Joseph Robert Spencer

Criminal defense lawyer | Jan 13

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Dennis J. Nave Jr. headshot
Dennis Nave

Criminal defense lawyer | Nov 18

Relationship: Worked together on matter

"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."

Nicholas John Evanovich III headshot
Nicholas Evanovich

Criminal defense lawyer | Apr 09

Relationship: Opposing Counsel on matter

"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."

Matthew Stephen Waite headshot
Matthew Waite

Criminal defense lawyer | Mar 21

Relationship: Fellow lawyer in community

"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."

Benjamin Goldman headshot
Benjamin Goldman

Criminal defense lawyer | Sep 04

Relationship: Worked together on matter

"I endorse this lawyer. Mr. Gervais can do wonders in Plattsburgh and I highly recommend him."

Rebecca Lynn Fox headshot
Rebecca Fox

General practice lawyer | May 19

Relationship: Fellow lawyer in community

"I endorse this lawyer. Attorney Gervais is knowledgeable, hard-working and a well regarded attorney in the community. Highly recommended."

View All Endorsements
Dennis J. Nave Jr. headshot
Dennis Nave

DUI and DWI lawyer

Matthew Stephen Waite headshot
Matthew Waite

Criminal defense lawyer

Nicholas John Evanovich III headshot
Nicholas Evanovich

Criminal defense lawyer

Rebecca Lynn Fox headshot
Rebecca Fox

Criminal defense lawyer

Experience

Rating:  8.9 (Excellent)

Honors

2020

Peer Review Rated, Martindale-Hubbell

2020

Super Lawyer, Super Lawyers

Work Experience

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

Associations

2023 - Present

New York State Association of Criminal Defense Lawyers

member

2015 - Present

Northern District of New York Bar association

Member

2013 - Present

American Immigration Lawyers Association

Member

2007 - Present

New York State Bar Association

Member

2002 - Present

Barreau du Quebec

Member

Sample of Legal Cases

People v. K.B.

Not guilty on all counts.

People v. A.H.

Hung Jury, felony reduced to a misdemeanor.

People v. T.I.

All charges dismissed

People v. K.P.

All charges dismissed

People v. C.S.

Not guilty

People v O. S.

Not guilty of Most serious charge

Petition for Green Card

Gren card approved

People v S. B.

Client found not guilty

People v. G. H.

Client found not guilty

People v. G.H.

Not guilty verdict

New York v. W.

Defendant granted participation in Drug Court program avoided prison sentence.

New York v. Peter

Motion granted, charge dismissed.

New York v. Gadway

Judge ruled in favor of defendant, found not guilty.

Crown v. Joe

Case dismissed, all charges were dropped.

See More Legal Cases

Education

2007

University of Montreal Faculty of Law

LL.M - Master of Laws

1994

University of Montreal Law Faculty

LL.B - Bachelor of Laws

Speaking Engagements

2022

Radio Interview

Criminal cases related to illegal immigration from the Northern Border

2019

WCAX Channel 3

WCAX television interview on recent criminal law changes

2019

Phone interview

New York Times Interview on recent trends in Immigration

2017

Radio interview

Trans-border criminality

2017

Radio interview

RECENT IMMIGRATION CHANGES

2017

Our Refugee Crisis

Immigration issues under Trump

2016

Mining and Subsurface rights in the Adirondacks

Mining claims vs landowners rights in Adirondacks

Publications

2008

University of Montreal Law Faculty Review Mandatory Arbitration clauses in Consumer Contracts

Languages

English

French

Activity

Avvo Rating

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Avvo Rating Levels
10.0 - 9.0 Superb8.9 - 8.0 Excellent7.9 - 7.0 Very Good6.9 - 6.0 Good5.9 - 5.0 Average4.9 - 4.0 Concern3.9 - 3.0 Caution2.9 - 2.0 Strong Caution1.9 - 1.0 Extreme Caution