Nave DWI Defense Attorneys Client Promise

These are the 78 promises Nave DWI Defense Attorneys makes to each of its clients who hire the firm to handle their DWI matter. Please take a moment and review our complete client procedural program for all of our DWI clients.

If you were charged with a DWI in New York, and would like a FREE DWI case evaluation, call us right now: 1-866-792-7800.

 

STAGE 1: BEFORE YOUR INITIAL MEETING WITH THE FIRM (18 STEPS)

The following Letters will be prepared by the firm and immediately sent on your behalf:

1. PREPARE AND SEND Promissory Note to Client (if applicable)
2. PREPARE & SEND HIPPA Release Forms to Client
3. PREPARE & SEND Retainer Agreement to Client
4. PREPARE & SEND “Welcome Letter/Email” to Client
5. PREPARE & SEND a Demand For Bill of Particulars to Court and District Attorney’s Office
6. PREPARE & SEND a Demand For Supporting Depositions to Court and District Attorney’s Office
7. PREPARE & SEND a Letter of Representation to Court; cc: District Attorney’s Office
8. PREPARE & SEND a Letter to the Court requesting a copy of its file

The following calls will be made by the firm on your behalf:

9. PHONE to client by representing attorney for introduction (within 24 hours)
10. PHONE COURT to confirm or adjourn Court Date & Time
11. PHONE CLIENT to set up the “Initial Call” or “Initial Meeting”
12. PHONE CLIENT to remind client to bring signed HIPPA, Promissory Note, and Retainer Agreement

The following dates will be tracked by the firm on your behalf:

13. CALENDAR “Initial Call” or “Initial Meeting”
14. CALENDAR Court date(s) for arraignment
15. CALENDAR 45 day Omnibus Motion deadline
16. CALENDAR “Attorney 2 Week Contact Reminder”
17. CALENDAR refusal hearing (if applicable)

The following action will be taken by the firm on your behalf:

18. RECEIVE AND REVIEW all file materials

STAGE 2: DURING YOUR INITIAL MEETING/CALL (17 STEPS)

The following facts will be gathered by the firm on you behalf:

19. What the client believed happened to cause his/her arrest
20. What the client believed should have happened that didn’t
21. The client’s licensing needs and employment obligations
22. Any medical conditions the client has or was experiencing at the time of arrest
23. Any conduct that the client saw as unusual or out of line by the police
24. The 24 hours leading up to the arrest, including what the client drank and/or drug use
25. Where the client was drinking and with whom
26. Any medicines the client is on, or medical conditions or injuries that the client has
27. Any other information the attorney or client feels may affect the case.
28. The client’s expectations from the representation

The following explanations will be given to you by the firm:

29. The particulars relative to the jurisdiction the client is charged in
30. All waivers, including right to counsel, charges etc.
31. The attorney client privilege, presumption of innocence and burden of proof
32. The elements of the crime charged, possible defenses to the crime charged, and lesser-included offenses
33. The collateral consequences of any possible plea or conviction
34. The importance of quickly completing the alcohol evaluation and any required treatment

STAGE 3 –“PA” – PRIOR TO ARRAIGNMENT (9 STEPS)

The following explanations will be given to you by the firm:

35. The need for a signed retainer before representation can begin (22 NYCRR Section 1212.1)
36. The Pringle Hearing and the Prompt Suspension Law under VTL 1193(2)(e)(7)(b)
37. The hardship hearing and term “Extreme Hardship” under VTL Section 1193 (2)(e)(7)(e)
38. A reading of the charges and rights and what a waiver of a formal reading at arraignment means

The following preparations will be made by the firm on your behalf:

39. Arguments relative to non-compliance with CPL section 100.20.
40. Arguments relative to the client’s right to “Pringle Hearing”
41. Arguments relative to the clients right to a “Hardship License”
42. Hardship Affidavit and Third Party Affidavit (if necessary)
43. Arguments relative to the clients right to a “Bail” and review bail criteria (CPL 510.30 (2)(a))

STAGE 4 – “A” – AT THE ARRAIGNMENT (12 STEPS)

Actions

44. WAIVE A FORMAL READING of the client’s charges and rights
45. PLEAD NOT GULTY on the client’s behalf

Requests

46. REQUEST A PRINGLE HEARING (if applicable/necessary)
47. REQUEST A HARDSHIP HEARING (if applicable/necessary)
48. REQUEST A BAIL HEARING (if applicable/necessary)
49. REQUEST A FELONY HEARING (if applicable/necessary)

Hearings

50. CONDUCT A PRINGLE HEARING (if applicable/necessary)
51. CONDUCT A HARDSHIP HEARING (if applicable/necessary)
52. CONDUCT A BAIL HEARING (if applicable/necessary)
53. CONDUCT A FELONY HEARING (if applicable/necessary)

Other Work

54. EXPLAIN TO THE CLIENT everything that happened at the arraignment and assure they understand
55. CALENDAR AN APPOINTMENT to speak with the ADA (if ADA is present) about the case

STAGE 5 – PR1- PRIOR TO 1ST REPORT TO COURT (12 STEPS)

Calendaring

56. CONFIRM DEADLINES from arraignment have been calendared
57. CALENDAR ALL COURT APPEARANCES and other dates the Court set at the arraignment.

Letters & Docs

58. SEND TO THE COURT AND THE ADA THE OMNIBUS MOTIONS
59. SEND TO THE COURT AND THE ADA THE DISCOVERY DEMANDS
60. NOTE THE ADA’S failure to provide 710.30 notice if applicable
61. OBTAIN AN OFFER LETTER from the ADA

Communications

62. COMMUNICATE WITH THE CLIENT about the alcohol evaluation and prescribed treatment (if any),
63. COMMUNICATE WITH THE COURT about the status of the Client’s alcohol evaluation and treatment.
64. COMMUNICATE WITH THE ADA any potential proof problems, defenses and/or equities
65. COMMUNICATE WITH CLIENT and thoroughly explain the ADA’s offer to the client.
66. FOLLOW-UP Offer letter to the client explaining the details of the offer.
67. COMMUNICATE THE ACCEPTANCE OR REJECTION of the ADA’s offer to the court and ADA

STAGE 6 –R1- 1ST REPORT TO COURT #1 (3 STEPS)

68. COMMUNICATE WITH THE COURT the status of any pending offer or proposed counter-offer.
69. COMMUNICATE WITH THE COURT the status of any pending treatment.
70. MOVE THE COURT (if applicable) for any relief required by the client or the defense of the client’s case.

STAGE 7 – PR2 – PRIOR TO 2ND REPORT TO COURT OR PLEA AND SENTENCING (4 STEPS)

Communications

71. COMMUNICATE WITH THE COURT, the client and the ADA, about any significant changes in the case
72. COMMUNICATE WITH THE ADA any proposed counter offer
73. COMMUNICATE WITH THE CLIENT about the ramifications and collateral consequences of the offer
74. OBTAIN A DECISION from the client as whether they will accept the plea or move forward to litigation.

ALTERNATIVE – PLEA (4 STEPS)

75. EXPLAIN TO THE CLIENT he must pay the fines and complete the other court imposed conditions
76. MOVE THE COURT to accept the plea and make equitable arguments to limit the client’s exposure
77. EXPLAIN TO THE CLIENT everything that happened at sentencing and assure they understand
78. FOLLOW-UP closeout letter memorializing the results of the case.

ALTERNATIVE – LITIGATION (3 STEPS)

75. PREPARE THE CLIENT and his case for litigation and trial
76. PREPARE AND SEND all necessary motions requesting appropriate remedy
77. OBTAIN FROM THE COURT a date for hearing and trial.