Practice Areas
DWI
Sercu & Sercu have successfully handled DWI cases. The prevailing cultural bias today tends to categorize persons charged with drunk driving as criminals long before they may actually be convicted. Due to tougher DWI laws enacted in New York State recently, being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can have serious repercussions for an otherwise law-abiding citizen. What you might not know is that a drunk driving conviction stays with you for life as a criminal conviction. Unlike other traffic violations, this conviction is not expunged from your driving record. A DWI conviction in carries heavy penalties, including:
- A permanent criminal record
- Suspension or loss of license
- Increased insurance rates
- Community service
- Possible jail or prison time
- Alcohol assessment and treatment
- Probation
- Vehicle immobilization or forfeiture
- Serious fines
- Possible job loss
Most people are unaware that a New York State DWI arrest results in both criminal charges and a civil proceeding against the arrested motorist's driving privileges, commonly known as a DMV license suspension. A DMV license suspension is initiated against an arrested driver when he either refuses to submit to, or fails, a breath or blood test. New York law states that each person who operates a motor vehicle on New York roadways has implicitly consented to a breath or blood test after an arrest for DWI and has been made aware of the consequences of refusing to submit to testing. Some of the issues involved in a DMV license suspension hearing include the following:
- Whether the law enforcement officer had reasonable suspicion to stop the driver
- Whether the officer had probable cause to arrest the motorist for drunk driving
- Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering an alcohol concentration of .08 or greater.
If you've been accused of drunk driving, DWI, vehicular homicide or any other alcohol-related criminal offense, you should speak to an attorney before you make any statements or sign documents that could result in severe financial penalties and even the loss of your driver's license and freedom. DWI charges are not impossible to overcome and the attorneys at Sercu & Sercu have the skills and resources to help you make the best decision for you and your family.
Criminal Law
Our philosophy is two-fold: First, provide an aggressive criminal defense that includes attention to detail, focusing on the strengths of your case, and exploiting the weaknesses in the prosecution's case. We make evidentiary challenges when appropriate and hold the prosecution to their burden of proof. Second, we provide you with a high level of personal service that includes proactively providing you with information regarding the status of your case.
Sercu & Sercu's approach to criminal law is to provide aggressive criminal defense, which includes litigating the case in a courtroom. We recognize that a trial is often necessary to ensure our clients win the most favorable resolution to their cases and we are confident in our abilities to represent our clients and their cases in a courtroom.
Family Law
When families change, the emotional impact on every member of the family can make it difficult to make sound decisions. Sercu and Sercu has the experience to guide clients through the legal issues and court proceedings that resolve those family changes. From adopting a child, to negotiating and drafting premarital agreements and navigating the legal process of dissolving a marriage, our lawyers provide invaluable advice and advocacy to families undergoing change. Our lawyers understand that divorce need not result in financial disaster and are dedicated to preventing financial upheaval through the legal process. After a divorce, our lawyers represent clients frequently in matters involving a change of custody, modification of visitation and support issues that affect clients' relationships with their children and their former spouses. Our firm also handles stepparent adoptions.
Our family lawyers have extensive experience in the financial analysis required to justly resolve child support, alimony and property settlement disputes. We also understand that other areas of law are affected by family changes, particularly estate planning, tax, business and corporate and real estate. We work closely with other members of the firm to assist our clients in understanding and addressing the full range of legal issues that arise in family law cases. We also strive to resolve family law cases, whenever possible, through a negotiated or mediated settlement. Our skilled trial lawyers vigorously advocate our clients' interests in the courtroom if settlement is not possible or appropriate.
Child Custody
Our firm is frequently involved in child custody matters, whether they be in connection with the initial divorce of the parents, in the process of paternity proceedings or subsequent to a divorce where there has been a change in circumstances since the original determination as to custody was made. Child custody can include not only a determination as to where the child would primarily reside, but the manner and method of contact and visitation which the non-custodial parent would be entitled to exercise and the sharing of parental responsibilities.
Child Support . An action to determine child support is typically incidental to a dissolution of marriage or paternity proceeding. The attorneys at Sercu & Sercu assist persons seeking to establish, enforce or modify a child support determination.
Dissolution of Marriage
We handle all aspects of dissolution of marriage, also referred to commonly as divorce. These proceedings would involve the identification, valuation and distribution of the assets and liabilities acquired during a marriage as well as issues of alimony and spousal support. If the parties have minor children, dissolution proceedings would also address the determination of custody and contact regarding the children and all aspects of the children's support.
Paternity
Paternity cases involve establishing legally the identity of the natural father of a child in instances where the parties are not married. In such proceedings, all aspects of that relationship are adjudicated, including the determination of the rights and obligations of both parents in respect to the care and support of the child (or children).
Post Judgment Modifications
After the entry of a final judgment of dissolution of marriage or paternity action, it may be necessary to modify the terms of the final judgment because of a change in the circumstances of the parties or their minor children.
Business Litigation
Disputes naturally arise in business relationships, often with significant consequences to core issues such as revenue, competitive position, or client relationships. Our business and commercial litigation practice has touched on many disputes - the breadth of our experience covers business litigation topics such as:
- Business interference
- Construction issues
- Contract disputes and breach of contract allegations
- Liability and negligence
Civil Litigation
Sercu & Sercu litigate in virtually all areas of civil practice. We have assisted and protected our clients interest in issues involving:
- Commercial litigation
- Construction
- Contract disputes
- Debt collection
- Insurance coverage or benefits issues
- Landlord/Tenant - Commercial and Residential
- Real Estate
- Small claims actions
- Wrongful discharge
