Law Office of John C. Nelson

Don't hire an eye doctor for a toothache. Our firm focuses on DWI Defense.

In representing clients, I always take the approach to represent a client the way I would want to be represented in his or her situation. I always evaluate, research, investigate and zealously defend a case as the client requests as long as it complies with my ethical duties.

Frequently, I compare the attorney-client relationship to that of a taxi cab driver-passenger relationship. The taxi cab driver knows the fast roads, best routes and has the skills to get where the passenger needs to go. Like the passenger, the client decides what direction the case goes. I try to do everything in my power to get my clients to their destination.

The majority of my experience is in criminal law, with some prior family law experience. For the past year, I have focused my practice on DWI, Criminal and Traffic Defense. Instead of dabbling in many areas of law, I practice only what I know best, so I can give my clients the best possible representation.


D.R.I.V.E. Method
(1) Dismantle and Discredit Their Procedure;
(2) Reveal and Reduce Their Evidence;
(3) Introduce and Implement Our Procedure;
(4) Validate and Verify Our Evidence; and
(5) Exonerate Your Character.
 

(1) Dismantle and Discredit Their Procedure:

Attacking their procedure comes in many forms. The prosecution must follow New York Laws, including the Criminal Procedure Law (CPL). When the prosecution doesn’t follow the Criminal Procedure Law, the evidence can be suppressed or limited, which sometimes leads to dismissals or reductions in the charges.

We attack their procedure under the United States and New York Constitutions. The most common procedures the people must follow (and protections given to you) are under the 4th, 5th, 6th, 8th and 14th Amendments of the US Constitution. These are the rights you most commonly hear about: right from unreasonable searches, right to an attorney, Miranda, etc.

When the police violate one of these charges, it can lead to dismissal or reduction of the charges or evidence to be excluded.

(2) Reveal and Reduce Their Evidence:

We then discredit their evidence. We file discovery motions and obtain their evidence. Many times the prosecution’s witnesses will give incomplete or missing statements. We take all of the witnesses statements, police reports and any other evidence and enter all of the information into our cross reference system. We expose all inconsistencies in blood results, breath tests, statements and reports.

By closely examining their evidence, we expose their weaknesses, leading to more favorable outcomes. Often, we employ a private investigator to investigate leads, crime scenes and police records. Some of our best victories were achieved when our investigator discredited the prosecution’s witnesses.

(3) Introduce and Implement Our Procedure:

Through subpoenas, Orders to Show Cause and FOIL (Freedom of Information Law) Requests, we can gather our own evidence to gather the evidence that’s favorable to you. The police aren’t required to defend you or build your case. They have one goal, to build their case. We implement our own procedure to build your case.

(4) Validate and Verify Our Evidence:

We present our own evidence in a few different ways. After we have followed the first steps, we then use the evidence to fight your case during negotiations or trial to reach the best resolution.

(5) Exonerate Your Character:

In reality, we present you first, not last. You are the most important part of steps one-four. You are crucial to each part because often you personally know of the police’s illegal procedures or shaky evidence.

But, this case is about you. The police have charged with you with a crime and labeled you as a criminal. That’s not you; that’s not your identity. You are much more than that. We paint the true picture of you. Maybe you are taking care of four children and still working forty hours a week. I highly doubt the police report will reflect that. The court and the people must know that about you. Like us, they are imperfect people, working in an imperfect system.