Tag: dwi

Criminal Defense Lawyer Buffalo, NY #dwi #lawyer #buffalo #ny



Andrew C. LoTempio was born, lives, and works in Buffalo, NY. MAKE SURE you call the right lawyer – The Real Trial Lawyer Andy LoTempio. Not Affiliated with the LoTempio Law Group. In his 28 year career, Andy is the attorney you have seen in the media actually trying cases in State and Federal Court. From criminal attorney services to DUI/DWI lawyer services, LoTempio’s Law Office is the firm to call when you need representation.

A graduate from SUNY at Buffalo College in 1985 with a BA in Psychology, Mr. LoTempio received his law degree in 1988 from the University of Buffalo Law School. In law school, Mr. LoTempio was a recipient of the Connelly Trial Technique Award, Best of Class, and was a Moot Court Award winner.

After law school, Mr. LoTempio graduated from the New York City Legal Aid Society s Criminal Defense Division Training Program in 1988. This included three months of classroom training in Criminal Procedure Law and Penal Law, and five months of in-court training in the Brooklyn Criminal Court as a Public Defender.

Andrew C. LoTempio, Attorney at Law, PC | 225 Delaware Avenue, Suite 10 | Buffalo, NY 14202 | Present

The practice focuses primarily on criminal defense work. However, Mr. LoTempio also represents Plaintiffs in accident and injury cases.

Mr. LoTempio handles a wide range of criminal matters: misdemeanors, DWI, and serious felonies.

The bulk of his cases are serious, high-profile felonies. On average, he takes on 3 4 murder cases per year, many of which are tried before juries. Furthermore, Mr. LoTempio has, on average, conducted 3 to 5 major jury trials per year during his career as a lawyer.

Buffalo City Court | 50 Delaware Avenue | Buffalo, NY 14202 | 1999-2003

As a Judge, Mr. LoTempio presided over criminal prosecutions, arraignments through trial, and/or other disposition (this includes constitutional and other suppression hearings) on misdemeanors and arraignments through preliminary hearing on felonies. Mr. LoTempio presided over 3,285 criminal cases in 2002.

During his tenure on the bench, Mr. LoTempio developed the Court s Attendance Program. Working in conjunction with the Buffalo Public Schools, a program was developed to track and re-place individuals into schools.

Mr. LoTempio was elected to a 10-year term but left the bench after 4 years to return to private practice defending in criminal cases which is what he calls his a calling in life and is what I love doing.

Adjunct Professor: University of Buffalo Law School

Mr. LoTempio teaches a course at the law school entitled Path of a Criminal Case. Students in both the J.D. and L.L.M. programs are instructed on practical criminal procedure from arrest through disposition. In essence, the students are guided through the representation of a criminal defendant from arrest until sentencing or acquittal. Instruction is given on a variety of topics ranging from interviewing a defendant to reviewing criminal accusations, filing constitutional motions, plea bargaining and trial preparation. At the end of the class, each student is assigned an actual criminal file and required to detail their representation of a defendant.

Adjunct Professor: State University of New York at Buffalo (Buffalo State College) (2002 2004)

Undergraduate Criminal Justice 101 Class. Classroom instruction lecturing and testing of approximately 90 students on introductory criminal justice issues. Entry level course for criminal justice majors.

Instructor/Coach: Statewide High School Mock Trial Team at Depew High School (1999-2004)

Mr. LoTempio instructed approximately 20 high school students on evidentiary subjects, criminal law issues, and trial techniques. The students were coached and prepared to conduct a mock trial in a statewide competition.

Continuing Legal Education Instructor/Trial Technique Volunteer Instructor (1991 Present)

CLE: Performs seminars for entry level attorneys on topics of criminal law. Instruction given on Constitutional and procedural law, motion practice, hearings, trial theories and techniques, criminal investigations, and forensic issues.

Technique Volunteer: University at Buffalo (1991 Present)

Assist various trial technique instructors in class presentations and demonstrations, giving law students practical advice and critiques surrounding in-court practices (various articles and outlines have been authored and can be furnished upon request).

Training Instructor: Erie County Aid to Indigent Prisoners Society (Assigned Counsel) (Present)

Authored manual for practical criminal defense work. Training attorneys for participation in program providing criminal defense to indigent clients. Both classroom and practical instructions are given.

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New Jersey Lawyers – Find a New Jersey Lawyer at NJ Lawsite #new #jersey


If you need to choose a New Jersey lawyer by County, view our County Directory. Simply choose the County you need and you will be taken to the appropriate County Directory of Law Firms, which also states their areas of expertise.

If you prefer choosing an attorney by practice area, then view our Practice Area Directory. Choose the New Jersey law practice area you are interested in and you will be taken a Directory of Law Firms showing all of their contact information and a hyperlink to their website.

If you know the NJ lawyer you are searching for, then click Onsite Search . Our powerful on-site search engine allows you to search by keyword, name, or town.

Read about our New Jersey Lawyers making headline News!

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Visit our New Jersey Lawyer Blogs where we interview members on their law practice.

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DUI Plea Deals (Plea Bargains): 8 Things Every Driver Should Know #suffolk #county #dwi


Making a DUI Plea Deal: 8 Things Every Driver Should Know

It’s a near-certainty that anyone arrested for a DUI will be approached by a prosecutor to make a deal — that is to plead in a certain manner to a certain offense, in return for some concessions. You probably know it as plea bargaining. Here are 8 things you should know about the plea bargain process.

1. There are many types of deals

Plea deals aren’t simply a matter of pleading guilty and getting a lesser sentence. They can come in many shapes and forms and often give the parties the freedom to negotiate an arrangement that satisfies everyone. Here are three ways that they are commonly shaped: (1) pleading guilty to a less-serious offense than you are charged with, (2) dismissal of one charge against you, in exchange for a guilty plea to another, or (3) agreeing to a sentence that will not involve a high fine or license suspension.

2. You can do the deal anywhere and any time

Your lawyer or you (if you’re representing yourself) can approach the prosecutor at any point in the proceedings to make a deal. These discussions can be formal (you can even do it by phone) or sometimes the negotiations are mandated and formal – for example, “pretrial” or “settlement” conference in the judge’s chambers.

3. Remember: It’s a compromise

The prosecutor does not have to make a deal. Typically, the prosecutor is motivated by a desire to save court expenses and keep the court calendar free for other cases. But don’t go into negotiations with a Donald Trump attitude that it’s a winner take-all situation. You must compromise and the stronger the case against you, the more of a compromise you often must make. If you are represented by an attorney, the attorney should be able to guide you in the art of balancing your desires against the prosecutor’s position.

4. On the other hand … don’t give it all up

Although it’s true you must compromise (see above), there’s no need to be bullied by a prosecutor into accepting a weak “take it or forget it” plea deal. If the prosecutor is playing the “intimidation” card, you should reconsider your options and consider saying “No.” A lawyer’s advice can help you through these more difficult negotiations.

5. Bad Strategy #1: Never show all your cards

Don’t be lulled into “laying everything on the table” – that is, explaining your strategy for fighting the citation to the prosecutor. If you don’t make a deal, the prosecutor will be hip to your defense.

6. Bad Strategy #2: Don’t say the “G” word

Don’t ever admit guilt during your negotiation with a prosecutor or police official before a deal is formalized. If you do, your admission can be used against you in court. For example, let’s say you talk to a prosecutor who says, “Off the record, you had a six-pack, right?” Never reply, “Sure, but I think that’s not enough for a DUI .” If you fail to make a deal, the prosecutor can simply go on the stand and testify to what you said. Far better to respond, “I don’t think you can prove that” and very briefly explain why. (But again, don’t reveal the details of your defense strategy.)

7. Never make a deal on trial day until you see the officer

If the police officer isn’t present, the judge will probably dismiss the case. Knowing that the officer isn’t going to make it, the prosecutor may propose a generous settlement immediately before court. Before going further, you should just ask the prosecutor if the officer is going to be present. Or, you could ask for a few minutes to think about any deal and, if the cop still hasn’t appeared, just say no.

8. Make sure the deal gets formalized

Once you and the prosecutor reach a verbal agreement, you both must appear before the judge where the prosecutor will explain the arrangement. The judge doesn’t have to accept the deal but usually does. If things don’t go as planned and the judge seems to be dictating different terms, ask to withdraw your plea and proceed to trial.

Additional Information

The links below provide more information surrounding the DUI case.

Talk to a DUI Defense attorney

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DWI Lawyer Baton Rouge #baton #rouge #louisiana #dwi #lawyer, #baton #rouge #louisiana #dwi #attorney,


DWI Lawyer Baton Rouge

Do You Need a DWI Lawyer?

Every state has some sort of “drunk driving” statute. The term “drunk driving” is in quotes because none of these laws require that you be “drunk” or “intoxicated” to be guilty. All that is required is that your ability to operate a vehicle has been impaired to any extent at all or that your Blood alcohol level exceeds the state limit (which is now .08% in all states). Some states call it DWI (Driving While Intoxicated), but it refers to the same offense. The consequences of DWI differ drastically from state to state and are influenced by your age, blood alcohol limit (BAC), whether you have been arrested for DWI in the past, and whether you caused injury or death during the DWI.

A DWI Lawyer can help.

Assess your legal situation

An experienced DWI Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A DWI lawyer mostly deals with DWI matters and knows the process inside and out – including options that a public defender may not tell you.

Explain the consequences

The consequences of a DWI vary greatly from state to state and a DWI lawyer will be able to explain how those consequences in your state apply to you such as (1) harsher punishments for those arrested with BAC limits over .08, (2) special laws for underage drivers arrested for DWI, (3) possible community service or plea bargaining, (4) overlapping jurisdiction of Courts and your state’s motor vehicle licensing department to suspend or revoke your license, and (5) contingent license programs that allow you to use your vehicle to get to and from work.

Manage the process

Dealing with the motor vehicle department can be frustrating and time consuming. A DWI Lawyer can manage the process for you by completing the required forms; making phone calls; scheduling and/or representing you at a Motor Vehicle Department suspension hearing, and making other necessary arrangements.

Represent you in court

An experienced DWI Lawyer knows the ins and outs of the courtroom and may be able to obtain a lesser sentence for you if your situation and state law allows for it.

Don’t know if a DWI Lawyer is right for you? Here are some general guidelines:


Definitely hire a DWI Lawyer if you already have several DWI’s and receive another; or if your DWI arrest was the result of an accident or if anyone was injured; or if you are a professional driver whose livelihood depends on keeping your license.


Seriously consider hiring a DWI Lawyer if you’ve been arrested for a second DWI (in the same or another state) or were arrested with a BAC limit over double the legal limit as harsher penalties may apply.


You might want to hire a DWI Lawyer if you don’t understand your rights or DWI laws, what you need to do, or the consequences you face. You also might want legal representation if you are in a profession (or plan to be) that requires bonding or in which any criminal conviction might prevent you from getting or keeping a professional license. If you don’t know the requirements, then you need expert advice before handling the case yourself.

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Texas DWI Law #is #dwi #a #felony #in #texas


Texas DWI Law

How long will prior DWI convictions remain relevant for sentencing purposes in Texas?

In Texas, prior DWI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for good. Note that an earlier version of this law had a 10-year limitation, but even if a defendant’s prior convictions occurred when the prior version of the law was in effect, prior convictions can still be used under the current law. Sepeda v. State 280 S.W.3d 398 (2008).

Can a DWI be pleaded down to a “wet reckless” in Texas?

If you’re charged with driving while intoxicated in Texas, it’s possible to “plea bargain ” for a lesser charge. “Wet reckless” refers to a plea deal where a DWI charge is reduced to reckless driving. Some states have a reckless driving charge that applies specifically to offenses involving alcohol. But in Texas, the relevant statute applies more generally to all types of reckless driving. (Tex. Transp. Code Ann. 545.401 (2016).)

Are ignition interlock devices (IIDs) required for convicted DWI offenders in Texas?

An IID is required for a second offense within 5 years.

Where can I get more information about DWI laws in Texas?

Nolo’s DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DWI arrest, see Nolo’s Lawyer Directory. where you can view in-depth profiles of Texas DWI attorneys in your area.

For more information about the legal limit, see the Blood Alcohol Level Chart

Last updated on 09/01/2010.

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James R #criminal #law, #dwi, #parole, #traffic, #houston, #texas, #attorney, #parole #revocation, #white #collar

I have recently been honored as one of Houston s Top Lawyers for 2014 in H Texas Magazine. I humbly thank my fellow attorneys and H Texas Magazine for this recognition. It is nice to receive appreciation for my work in representing clients in the courts and before the Texas Board of Pardons and Paroles. Again, I want to thank everyone involved for this honor.

(Versión en Español) March, 2017 RUMORS: Once again, the rumor-mongers of TDCJ are waging their campaign that the Legislature has changed a law. Once again, I am informing the inmate population: The Texas Legislature does meet this year, but no one will know whether there will be any new laws affecting the inmate population until at least June 2017. Just because a Bill (a suggestion by one of the Legislatures for a.

Parole in Texas is rather unique. If a family member or loved one has been placed in prison in the state of Texas you should forget about everything you have seen on television. In Texas the parole board members very seldom interview an inmate personally, the inmate is never brought before the parole board to meet and answer questions put to him by the parole board members. A parole package (an evidentiary.

I am often asked by family members, loved ones, and inmates what type of cases I accept and how successful I have been in representing inmates before the parole board. I have attempted to take a cross-section of the numerous letters I have written to inmate/clients over the approximately 25 years I have argued cases to the parole board informing my clients of the parole board decision in their case. I have.

Houston Top Lawyer Award I have recently been honored as one of Houston s Top Lawyers for 2014 in H Texas Magazine. I humbly thank my fellow. News (Versión en Español) March, 2017 RUMORS: Once again, the rumor-mongers of TDCJ are waging their campaign that the Legislature. Paroles Parole in Texas is rather unique. If a family member or loved one has been placed in prison in the state of Texas you should. Parole Wins I am often asked by family members, loved ones, and inmates what type of cases I accept and how successful I have been in.

Pardon the Disruption: The Future You Never Saw Coming.

Pardon The Disruption high-lights the exponential advances in technology that have disrupted the legal system and the economy over time but those changes will pale in comparison to what is about to occur!

James Randall Smith Noted for Background in Criminal Justice Law by Worldwide Registry.

Click on the image below to read full article.

I just wanted to thank you for the Texas Parole webpage! Having worked for TDCJ for 17 total years and with the Institutional Parole Division for 6 of those years, I can honestly say you did a good job addressing the many questions offenders and families ask!

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Criminal Defense Attorney in Pittsburgh, Pennsylvania – James M #lawyer, #attorney, #representation, #legal, #law,


Criminal Defense Attorney in Pittsburgh, Pennsylvania

If you or a loved one are facing investigation, arrest, trial or jail time, in South Western Pennsylvania State or Federal Court, then you need an aggressive Criminal Defense Plan. You need James M. Herb. That includes having a Pennsylvania Criminal Attorney that is experienced and dedicated to seeking justice for people who are charged with a crime.

Whether you’ve been accused of:

  • Sexual Assault
  • Drug crime (possession, intent to distribute, or intent to manufacture)
  • Any Felony or Misdemeanor

You need your Criminal Defense Lawyer at your side.

Why Hire a Criminal Defense Lawyer?

Is there a warrant out for your arrest? Is it an arrest warrant or a bench warrant? Can you get out of jail on bond? How do you get a bail bond? How much does bond have to be? Do you want a jury Trial? Should you negotiate a plea bargain? What about your past criminal record? What if you were not alone? Does it matter if you are facing criminal charges in a State of Federal Court? How much does a Criminal Defense Lawyer cost? Will you lose your driver’s license (or child or car or gun)? An experienced Criminal Defense Attorney can answer all these questions for you, and help you decide what is best for your case.

Choosing the Best Criminal Attorney for Your Case

Anyone facing an allegation that they have violated a criminal law needs a criminal defense attorney they can respect and trust. Money, jail time and even someone’s life may be on the line and a criminal lawyer has to be trusted to fight hard for his client’s best interests.

James M. Herb has more than 30 years experience in helping people who are facing criminal authorities in arrests, allegations, investigations, trials or appeals.

Before deciding on a criminal defense lawyer for your case, you should talk with the attorney and get a feel for how you will work together. There is no bond like that between a criminal defense lawyer and his client, and deciding who to hire as your criminal defense attorney may be the most important decision of your life.

Contact us in Pittsburgh, PA, for more information about our Criminal Law services.

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Houston Texas lawyers and attorneys directory #houston #attorneys,houston #lawyers,lawyers,tx. #attorneys,texas #trial #lawyers,vehicle #accidents,family #law,bankruptcy,defense,dwi,dui,criminal,personal

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Domestic Violence Attorney Miami #domestic #violenceattorney #miami,law,attorney,miami,dade,criminal,cases,murder,burglary,felonies,felony,drugs,crimes,crime,forfeiture,juvenile,dui,dwi,sexual,assault,probation,violations,misdemeanors


Law Office of Erik Courtney www.domesticviolenceattorneymiami.com

If you have been accused of a crime in Florida, who you choose to defend you may be the most important decision you ever make.

Erik Courtney is an aggressive, experienced Miami trial attorney who is dedicated to providing each client with the most effective defense possible.

A former Assistant State Attorney, Erik Courtney knows the criminal justice system inside and out and has successfully defended clients in every type criminal case, including major felonies, drug crimes, forfeiture matters, juvenile crimes, driving while intoxicated, sexual assault, probation violations and misdemeanors.

When you can t afford to make a single mistake, Erik Courtney will protect your rights. Call the Law Office of Erik Courtney to discuss your case.

If you have any questions while visiting our Web Site (www.domesticviolenceattorneymiami.com), click here now to immediately contact us via our on-line Quick Contact Web Site Form .

If you prefer you may contact us directly by telephone 305-324-0918. The Law Office of Attorney Eric Courtney is here to assist you and has been serving Miami-Dade County Florida since 1991.

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