What to Do When You Get a DUI

In my experience, the typical DUI client is an average person who made a mistake and now is facing enormous consequences which will affect their ability to get jobs, pay their bills, and even keep their freedom. Defending a DUI client, especially in New York and New Jersey, involves a very particular type of law since in these cases the prosecutors usually already have substantial physical evidence such as blood and urine results. For most clients, the majority of our defense will come down to pinpointing discrepancies and/or outright mistakes law enforcement made during your arrest. This involves meticulous review of your case - every detail counts in a DUI case.

Many peoples' first instinct is to consult their family or local attorney when they get a DUI. These attorneys do not often deal with DUI cases and all too often will look at the surface of the case and then advise their client to take a plea. Unfortunately, many clients do not realize that taking a plea in a DUI case has long term and serious consequences. When you plea to a DUI, you are admitting guilt and you will now have a (possibly felony) criminal record for the rest of your life. This means you will now be required to check "yes" when asked if you have ever been convicted of a crime on both job and college applications, may get your driving privileges suspended or even revoked, and your car insurance will undoubtedly be higher.

The best thing you can do if you are arrested for a DUI is hire a Criminal Defense lawyer. The more experienced your attorney is in DUI cases, the better off you will be. When looking for an attorney, remember that a DUI case is one where close and meticulous attention to detail is needed, so this is an attribute you should be looking for in your attorney. Another important thing to remember is that a skilled attorney often can make a real difference in the outcome of your case, so don't panic! Remember, in a DUI case, the surface facts of the case like your breathalyzer results are just the beginning. A good attorney will be able to build a solid defense from these facts.

If you or a loved one has been arrested on a DUI, feel free to contact my office at (718) 317 - 5007.

- Kevin McKernan

Case of the Week: People v Oliveras

The case of People v. Oliveras is a ruling that may have an effect on the definition of what constitutes "ineffective assistance of counsel". According to the present law, ineffective assistance of counsel occurs when a convicted client proves that their attorney was negligent in a way that badly impacted the case, and therefore the client's constitutional right to counsel has been violated (as per the Sixth Amendment). In People v Oliveras, the defendant's mental health was in question, and his lawyer attempted to argue that his client's confessions to the police were not completely voluntary, in part because of his questionable mental health. However, the attorney made a fundamental misstep that ultimately impacted the case: he never subpoenaed his client's psychiatric records.

The Dangers of Prescription Drug Abuse: How Xanax, Oxycodone, and Percocet Can Change Your Life Forever

Prescription drug abuse has become an epidemic all across the country. Every week you can flip on the television or open a newspaper and find new stories of arrests and convictions related to prescription drug crime. According to NY Senator Kemp Hannon, over the last year over 22 million prescriptions for painkillers were written in New York, yet only about 19.5 million people actually live in the state. In fact, prescription drug abuse has reached such high levels that Mayor Bloomberg of New York launched a Prescription Drug Abuse Task Force in an attempt to stop the use of these dangerous drugs in NYC. New York and New Jersey law enforcement agencies take prescription drug abuse crimes extremely seriously and are vested in prosecuting these cases to the fullest extent the law allows.

New Jersey Law Part 1: Expungement

       One of the reasons why it is vital to consult a seasoned litigator when you are facing criminal charges is that experienced criminal attorneys such as myself know all the ins-and-outs of the court system and how you utilize that system to your benefit. One of the lesser known options that the New Jersey Court system offers is called expungement.

        When a person is arrested in New Jersey, regardless of whether or not they are convicted of the crime, a criminal record is created in order to document that arrest. Even criminal matters that may seem trivial, like matters that result in a summons or fine, may be recorded as arrests on your criminal record. These “arrests” can show up when a potential landlord, employer, or creditor checks your record and could have a detrimental effect on your livelihood!