Your prior attorney can try or you can hire a new one to try but it all depends on the DA + Judge.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
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.
Even if you get it the dwai does not ever seal. I've gotten CDs terminated early. Best to hire a criminal defense lawyer to deal with the DA's Office.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Speak directly to an attorney who concentrates his or her practice in the area of Immigration Law to first determine if an early termination will be beneficial. A DWAI is a traffic infraction, not a crime, so I am assuming it is the underlying arrest that is the problem. It is just an assumption because I do not practice immigration law.
If terminating the CD early will be beneficial, follow the advice given here and hire an attorney who knows the DA and the judge and see if that attorney can assist you.
Christopher I. Simser, Sr.
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
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