STRUCKHOFF LAW OFFICE
THE PLACE FOR NEW HAMPSHIRE DUI/DWI DEFENSE

Hiring a Lawyer:  What can be done to help. How much it costs.


You should be aware that what may seem to you to be a hopeless case may actually be one that can be successfully defended, especially if you are represented by a layer who is both knowledgeable and experienced in DWI/DUI defense. The State has the burden of proving each and every element of the offense beyond a reasonable doubt; often an experienced DWI lawyer can find ways to prevent the prosecution from meeting that burden. Constitutional issues can be raised that prevent the State from introducing evidence it needs to convict. The State may not have followed statutes or regulations. It may have a weak case and be unable to prove your guilt when you are represented by a skilled DWI defense attorney. In addition, many people can benefit greatly from either a negotiated reduction of the initial charge or by receiving a lesser punishment than they might expect if not represented by counsel. In almost every DWI there is a considerable range from the best possible outcome to the worst possible outcome. DWI law has become more and more complex. Often, license losses can be substantially reduced and in many cases jail sentences can be avoided or reduced in length. It simply makes good sense to consult a lawyer who is both knowledgeable and experienced with DWI defense in order to see what your options may be.

In the State of New Hampshire, many police departments have non-lawyer prosecutors; DWI law has become more complex. Sometimes, the burden of appearing at ALS hearings and at DWI trials becomes overwhelming for the State, especially for the smaller departments. Court dockets are busy and prosecutors often overworked. An accomplished, experienced, and hard-working DWI defense attorney can frequently use the complexity of the law and the busy conditions of the judicial system to benefit clients. With frequency that may surprise you, it is possible to receive a substantially smaller license loss, fine, or jail sentence than you would if you chose not to be represented. Sometimes, the prosecution can be persuaded to withdraw the administrative license suspension, saving months of license loss; often more serious charges are reduced in exchange for a plea. Even if you think your case is hopeless, at least consult an attorney, for he or she may be able to help more than you think. I, for one, will let you know if I honestly believe I can be of assistance or not. Frankly, many cases do not present good possibilities of acquittal; even in cases of this sort, plea negotiating or plea bargaining often results in the defendant©s sentence being reduced substantially from what might be expected, however, disposes of many of those cases. Even if your case is one that may well lead to a conviction, nevertheless, it is my experience that you can still often achieve a far better outcome from hiring a lawyer than not. Why not set up an initial consultation? Why not get your case evaluated? After all, it is free. To arrange for a free consultation.  Or, simply call 603-448-2477. If I©m here, I will talk with you. If I am not, the person who answers the phone will get some necessary information from you, and I will call you back when I am available. If you get an answering machine, we will get back to you as soon as we can; it will help if you let us know when you wished to be called and at what number. If you use email, feel free to email and request a return call.

At our initial meeting, after obtaining the necessary information about you, your arrest, and your situation, and evaluating your case, I will discuss legal fees with you. Since in almost all cases I charge a fixed or set fee, you will know in advance precisely how much your defense will cost. You will also be informed when in the proceedings those fees are due. You will be given the opportunity to decide what you wish to do. If you decide to retain my services, we will enter into a written fee agreement. My fees run from $3000.00 to $7500.00, or even more in certain rare cases, with most in the range of $4500.00 to $6,500.00, depending on the seriousness and the number of the charges, the location of the Court, the issues that may be involved, and your objectives. On some occasions I enter into hourly rate fee agreements; my hourly rate in DWI matters is $300.00. I always discuss the amount and the timing of the payment of legal fees with my prospective clients in advance of their deciding to retain the services of my office.

The initial consultation is always free; if you do not choose to retain my services, that first visit costs you nothing. We do accept VISA and MASTERCARD if you prefer to pay by credit card. My usual fee arrangement is that you pay my office one-half of the total legal fees in advance as a retainer prior to my beginning work on your behalf. You will be sent an original and a copy of the written fee agreement at that time and asked to sign and return a copy to my office; if you wish, you may obtain from my office a draft of that agreement prior to your leaving from your original interview. You will be expected to make an additional payment, usually of $750.00, prior to the ALS hearing (if the police requested revocation of your license under the ALS law); the remaining balance of the fee is payable twenty days in advance of your first scheduled trial date. Fees of highly experienced and successful DWI/DUI practitioners may seem high, but they are necessary, because the most effective strategy for effective representation of DWI defendants demands substantial DWI knowledge and experience, hard work and the expenditure of significant time. I do not choose to defend DWI cases on a cut-rate basis, for the only way that can be done is by not devoting sufficient time to do the job right. DWI defense has become very much a specialty. Do not expect the same results from a lawyer who has little experience or devotes only a small portion of his or her practice to DWI defense. You may want to consider the old saying, "You get what you pay for."


THE BASICS
An overview of what you need to know about NH DWI/DUI law.

YOUR RIGHTS
How best to enforce them.

HIRING A LAWYER
What a lawyer can do to help and how much it might cost.

GETTING STARTED WITH YOUR DEFENSE
The time to act is now.

PENALTIES
What you need to know about the consequences of being charged with DWI/DUI .

ADMINISTRATIVE LICENSE SUSPENSION
The role of the New Hampshire Department of Safety in DWI/DUI arrests. Temporary license.

OUT-OF STATE LICENSED DRIVERS
Vital information about revocation of your driver’s license.

In the State of New Hampshire, many police departments have non-lawyer prosecutors; DWI law has become more complex. Sometimes, the burden of appearing at ALS hearings and at DWI trials becomes overwhelming for the State, especially for the smaller departments.

 

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