Share:

Criminal law is complicated, and due to local custom, practice, and “policy”, it doesn’t just vary from state to state but from county to county, and even towns and cities, as well. That’s why you should always seek a local attorney when have a local matter. If you’ve been accused of Driving While Intoxicated in Monroe County, or in any surrounding county in Western, New York, turn to Thomas A. Corletta, Attorney & Counselor at Law. Based in Rochester, NY, Attorney Corletta has been a DWI lawyer for more than 37 years, and has practiced in all 9 Western New York counties. He can help you avoid making mistakes that could compromise your interests. Below, he explores an example of the differences in DWI proceedings in New York:

Although every criminal case is different, your DWI case will be subject to a special “DWI Part”, mandated by the state in 2013, if it is handled in Rochester City Court or Monroe County Court. In Rochester City Court, all DWI cases go before a special “DWI Part” at least once following arraignment. During this court appearance, the Defendant’s lawyer, the prosecutor, and the judge meet to conference the case and decide if they can resolve it with a plea agreement. This part is for pleas only; something that does not always happen in DWI cases.

DWI Lawyer

If the client is interested in pursuing a plea offer, the case will remain with the DWI Court judge. Clients who do not wish to enter a plea agreement can send their case back to the judge who handled their arraignment. Motions, hearings, and trial will follow before that Judge. This procedure requires not only an evaluation of the strengths and weaknesses of a particular case, but also the likelihood of success before a particular judge. A similar procedure is followed in Monroe County Court, which handles felonies.

However, if you are charged with DWI in a Town or Village Court, this procedure is not followed. Nor is it uniformly followed in all counties. Therefore, your attorney should be aware of how cases are handled in Town and Village Courts and surrounding counties, as well as plea bargaining policies, which vary from county to county, and are controlled by individual District Attorney’s offices.

If you are facing criminal charges in Rochester, NY or the surrounding area, there is much at stake. An experienced DWI lawyer will protect your rights every step of the way. Turn to Thomas A. Corletta, Attorney & Counselor at Law for quality and frank legal advice. Visit his website to learn more about his experience as a trial attorney, and call (585) 546-5072 to schedule an initial consultation today.

tracking