Don't Worry Bout It!

Oh the problem of these four little words. When I hear them I cringe. I have heard these words all too often in Court. They are usually spoken by some lawyer to their client. As in, "don't worry about ... your legal status (non-citizen), your out of state license privileges, your future ability to find employment, your ability to get a professional license, your ability to travel to Canada, etc. etc.

You have to anticipate Collateral Consequences of anything. Everything (every decision) has far reaching and typically long lasting affects. Much like the game of dominoes, once we set a course of events into action, many fall one against the other, and often we cannot even predict when this chain of action will end.

So that said,

1. You have to talk to more than one lawyer about your problem. Get some different perspectives.

2. It is best to talk to a lawyer who specializes in the specific type of problem you are facing.

3. Just because someone has 20, 30, or 40 years of experience does not make him better.

4. Lawyers that use the phrase, "Don't Worry Bout It" should be avoided like the plague.

5. A DWI conviction can affect multiple life areas including your out of state driver's license, your professional licensure, your employability, your permanent record, your ability to travel freely, and your insurance rates and insurability.

As an example of this, I recently had a college student come to me with a first time DWI charge. He held a driver's license from another state. He was attending college in New York State. Since he was planning on staying here for a number of years (establishing residency) for college he should have switched over his license to New York State.

Now he faced a crossroads. Should he switch his license before his initial appearance? Should he get a New York State license? Some lawyers told him, "Don't worry bout it," I told him if I represented him I would investigate the potential DWI conviction ramifications back in his home state. I am a member of the National College of DUI Defense, and have DWI defense friends (on my list serve) as an invaluable resource of information.

The range of consequences in these situations is immense. From fines of $3,000 (ie. New Jersey) to license revocations of 210 days (ie. New Jersey) without conditional (any) driving privileges. So these decisions (much like choosing a lawyer) should not be made or taken lightly. What happens in Colorado, Mass., PA, and the other 43 states varies. But making educated and informed decisions by knowing what happens and saying "don't worry bout it" are two totally different things.

Out of State Licenses and NYS DWI

As is often the case with students attending Cornell University, Ithaca College, or SUNY Binghamton I have clients with driver's licenses from many different states, and sometimes even different countries. With criminal charges pending, often a DWI, wasting time by waiting for things to improve on their own accord is futile.

There are unique and collateral issues that need to be dealt with early in the majority of situations. For instance, if someone is from New Jersey and holds a NJ license, and now is a student residing in New York State, and if their future plans include staying in NYS for a number of years then why are they maintaining a NJ driver's license? Is it in there best interests, financially and functionally to maintain their NJ driver's license? These issues may not be as pressing until I tell them that because they hold a NJ driver's license their NYS DWI conviction is going to cost them $1000/year for three years ($3,000 in total) in NJ, and then another $250/year for three years in NYS. In addition, NJ will suspend their driving privileges for 210 days (with NO conditional or restricted license privileges).

So waiting to hire a lawyer is not a good idea. In fact hiring a lawyer not conversant in how a DWI/DUI conviction can impact your state's driving privileges is a bad idea.

Any lawyer can do any type of legal matter. BUT will they do a good job is another story. Will they be thorough? Will they understand the collateral consequences? Just today I got an email:

"First and foremost, I'd like to say that ive gotten more information from you on your website than i did from my own lawyer! My question is...."

So my advice:

Always Hire the best Bankruptcy lawyer for your bankruptcy!

Always Hire the best family lawyer for your divorce!

Always Hire the best estate lawyer for your will and trust!

Always Hire the best business lawyer for your incorporation!

Always Hire the best real estate lawyer for your house closing or sale!

Having a generalist lawyer handle your case "may be" like having your family doctor (GP) handle a foot problem (instead of a podiatrist) or

handle a back problem (instead of a Chiropractor or an orthopedic surgeon) or

handle a skin problem (instead of a dermatologist) or

handle a psychological problem (instead of a psychologist)

Don't tell me but he's been practicing for 25, 30, or 35 years so he knows what he's doing. Remember the world is dynamic. The laws are constantly changing, the days of the generalist are over, and staying current and focused is the best strategy for long term success!