Law Offices of Bartholomew Baffuto
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FAQs

(B) Fighting Your DWI &MV Charges

Q. Is there any defense to DWI? Other attorneys told me that there is not much I can do.

A. Of course there are many defenses to DWI charges in New Jersey. You probably did not find the right attorney to defend your DWI case. Drunk-driving defense is a complex and technical field in which, in my opinion, an attorney must concentrate. Of course there are many defenses and I use everything I gained as a top DWI attorney to defend my clients. Now that you see my winning cases, you see the benefits of retaining an attorney to fight your case. You have to remember that the best scenario can happen only when you hire the right attorney.

You have to see to believe it. Go to ?Sample Winning Cases of DWI &Other MV Cases? to see actual winning cases.

Q. I want to fight my DWI charge. How do I choose the right attorney?

You should choose an attorney based on your legal needs. If you want to fight your case, you should choose the lawyer who will fight for you. Some lawyers may say, ?there is not much you can do about DWI. I will charge you reasonable fees and I will get you the minimum penalties.? If the lawyer cannot tell you what she or he can do for potential clients, in my opinion, you cannot expect much from that lawyer.

If you are a non-US citizen, your immigration status may be an issue. This office tailors defenses for international clients in consultation with an immigration attorney to protect their future status in America. If your immigration status can be an issue, you should choose the right lawyer who knows your issues.

If you are non-US citizen, read ?Non-US Citizens Should Know Immigration Consequences?


? Chun? attorneys may be a good idea if you would like to have some objective way to screen attorneys besides ?win rates?. Needless to say, I am the ?Chun? attorney who formulated the strategy for the entire defense. There are only seven defense attorneys in the entire state involved in the New Jersey DWI Supreme Court case named, State v. Chun et al. Through this litigation, these attorneys did an enormous amount of research, preparation of cross-examination of State?s expert witnesses, and learned about the machine in depth. I am the right DWI attorney for you.

Go to: "State v. Chun, et al.: New Jersey Supreme Court DWI Case" to learn more about this influential litigation.

It is your decision to choose the right attorney. Go to "Selecting An Attorney" to fully educate yourself.

Q. What else should I look for to decide on my DWI attorney?

A. You should ask the attorney?s previous performance and have confidence in your attorney. It is very important for a client to communicate with an attorney because they work together in court. Client-attorney teamwork is very important to give a client the best possible defense. Without confidence in your attorney, the team will not be able to function efficiently and effectively. I do not guarantee any successful outcome of any individual case, but this number at least gives you an idea of how hard I work for my clients. I do not tell my clients to plead guilty. When a client wants to fight, I fight all the way.


Q. I had an attorney previously but I was not happy with the result. Can you do something about it? Can I re-try my case?

A. You may be able to apply for Post Conviction Relief (PCR) if you were convicted less than five (5) years ago in New Jersey. In some cases, a PCR can be successful in re-opening convictions older than five years. Your file needs to be reviewed in order to evaluate if you would be eligible for a PCR.

If interested, please have all the records ready. These records include:

-Discovery (police records), which include all the documents, sentence sheet, videotape (if there was);
- Any court related documents, which include such as court notice, original summonses, etc;
- Transcripts (court records).


For more information about PCR, go to "Convicted? How To Reverse It"


Q. I did not know that I should retain an attorney on my previous DWI case. Can I now retain an attorney and do something about it?

A. Yes, you can apply for re-opening of your previous case if you were convicted less than five (5) years ago. It is called, ?Post Conviction Relief (PCR)?. In some cases, a PCR can be successful in re-opening convictions older than five years. You need to be approved to re-open the case, but in this case you have a good chance of being approved because you did not have any attorney.

If interested, please have all the records ready. These records include:

-Discovery (police records), which include all the documents, sentence sheet, videotape (if there was);
- Any court related documents, which include such as court notice, original summonses, etc;
- Transcripts (court records).


For more information about PCR, go to 'Convicted? How To Reverse It".