Xavier & Associates

Firm Overview

Being charged with a DWI is serious business with serious consequences for your future. You don't want to be stuck navigating the complicated criminal justice system on your own.

The daunting process of DWI/DUI Defense includes an arraignment, demands for discovery, negotiations with the government, substance evaluations, court appearances, motions, hearings, trials, pleadings and sentencing.

Navigating this system on your own or with an inexperienced New York DWI (DUI) lawyer can be confusing and can lead to losing important rights and become very expensive for you in the future.

At our firm, DWI defense is our only practice area. We understand the complexity of DWI cases. Our team is constantly researching relevant law and keeping up to date with the fast changing administrative procedures. The attorneys analyze every detail of a DWI arrest, identify legal problems, and apply relevant laws to advocate for each client. This allows us to provide premium DWI defense and increases the likelihood of attaining the best results possible.

If you have been arrested or charged with a New York DWI, DUI, or a drunk driving related offense, please contact the DWI focused defense lawyers at Xavier + Associates as soon as possible. Our DUI lawyers are experienced, skilled, and prepared to advocate for your rights so that you can focus on what matters most to you.
Main Office
Main Office
269 W. Jefferson St., 2nd Floor
Syracuse  NY  13202
Phone
  • (800) 459-6151
Fax
Websites

Fees

Free Initial Consultation?
Yes

Office Information

Office Hours
Available 24/7
Office Manager
Sean Kelsey
Emergency After Hours
Yes
Languages Spoken
English

Other Offices

Rochester Office
510 Clinton Square
Rochester,  NY  14604
Syracuse Office
269 W. Jefferson Street
Syracuse,  NY  13202
Albany Office
522 Broadway
Albany,  NY  12207
Buffalo Office
50 Fountain Plaza
Suite 1400
Buffalo,  NY  14202

How did your firm decide on the primary area of practice(s)?

Many people don't fully understand the impact that a DWI conviction in New York can ultimately have on their lives. DWI convictions affect relationships, make obtaining jobs difficult, and can have psychological effects on those enduring the process. Some innocent people wrongly believe that not hiring an attorney will prove innocence, but that is not correct. Hiring a skilled DWI defense attorney is not admitting guilt. It's a way to protect your rights and prevent evidence that is taken out of context from hurting you. Even if you have committed a crime, the criminal justice system in New York State often makes mistakes and may not always serve true justice. Our team will make sure that you are treated fairly, every step of the way along the process.

We believe you deserve to have all your questions answered, and all your worries about what this may cost you can be put at ease. We believe taking you step by step through this process should be easy. Our system for adjusting our style and approach for each individual case has had proven results. Because we believe in our clients.

Brent Xavier

Senior Partner

Brent Xavier has been President at Anelli Xavier, since partnering with Tom Anelli in 2006. Over the year, he has helped bring in many former prosecutors and experienced criminal litigators together to form what he believes is the most powerful team of DWI defense lawyers in New York State. His goal is to make sure his team protects clients from the serious consequences of DWI charges. His firm philosophy is that as a whole, individual efforts add up to something bigger collectively for our clients in form of great representation.

Brent Xavier received his B.A. degree from Cornell University in 1996, and a J.D. from New York Law School in 2006, he was admitted to the New York Bar Association in 2006.
Education
  • Cornell University
    B.A.
  • New York Law School
    J.D.

Derek S. Andrews

Derek is a young, intelligent, and aggressive attorney motivated to actively defend his clients' interests and rights in the State of New York. He approaches each of his client's cases as unique and treats each person as his equal. Whether it be pursuing a quick resolution through negotiation or litigating a case before a judge and jury, Derek is always trying his hardest to get the best result.

Prior to joining Anelli Xavier, Derek learned that the criminal justice system can be unfair and break down even the toughest among us if they don't understand how the systems works. For that reason, he has dedicated his practice to defending individuals charged with crimes who deserve to be defended by an attorney willing to go the extra mile.
Why DWI Defense?

Derek chose to focus on DWI-related cases because he saw individuals' lives being drastically affected when they did not have proper representation in these incredibly serious situations. He wanted to make a difference by learning this complex law and then critically analyzing each person's case so that their freedoms, rights, and the ability to drive could be protected. Since his decision to focus on those individuals charged with DWI, Derek has handled hundreds of DWI-related cases. He will not settle unless it is truly in the best interests of that particular client.

Affiliations:
Onondaga County Bar Association
Volunteer Lawyers Project
New York State Bar Association
Education
  • Western New Mexico University
    Bachelor's of Science Degree , 2009
    Major in History and a minor in Pre-Law, magna cum laude
  • Syracuse University College of Law
    Juris Doctor , 2012

Adam C. Eggleston

Adam was born in Jamestown and raised in Binghamton, New York. After graduating from UNCG, Adam worked in Sales before moving to Albany and beginning Law School. While attending Albany Law, Adam was involved in the Student Bar Association as a member of the Ethics Committee and the Watkin's Tournament Chair for the Rugby Football Club. Additionally, Adam worked as a Law Clerk for the Rensselaer County Public Defender's Office, Albany County Public Defender's Office, and the Albany County District Attorney's Office. Since being admitted to practice, Adam has focused on DWI and criminal defense in upstate New York.
Why DWI Defense?

DWI is an offense that affects thousands of people in New York State each year. The government's proof of impairment or intoxication, in many cases, is based upon unreliable "tests" and assumptions that lead to false conclusions on the part of law enforcement far too often. It is imperative that persons accused of operating a motor vehicle while intoxicated or impaired have an attorney that is intimately familiar with the ever growing number of statutes and regulations that govern this area of law to best assist those individuals navigate the system and provide for a zealous, effective defense.

Affiliations:

New York State Bar Association
American Bar Association
Education
  • University of North Carolina at Greensboro
    B.A.
  • Albany Law School
    Juris Doctor

Dennis J. Nave

Mr. Nave is an attorney in our Syracuse Office. Born and raised in Syracuse, he is devoted to staying and serving his local community. Mr. Nave has dedicated his time to learning the practice of criminal law and DWI defense. His top priority is to serve his clients in order to further their goals.

While completing his Juris Doctor and Master in Public Administration at Syracuse University, Mr. Nave was actively involved in the Student Bar Association and was honored with the Student Bar Association Distinguished Services Award. Mr. Nave was also involved in Alternate Dispute Resolution and the Criminal Law Society.
Why DWI Defense?

I firmly believe anyone charged with a crime by the government deserves to have their rights protected. Being pulled over and charged with a DWI is a frightening situation and it is part of my job to help alleviate some of that worry. I take pride in offering the best possible service to our clients and I will work diligently to help resolve their case.
Awards

Student Bar Association Distinguished Service Award
Student Bar Association Outstanding Senator

Affiliations

Onondaga County Bar Association
American Bar Association
New York Bar Association
Education
  • University of Rochester
    Bachelor of Arts
  • Institute for National Security and Counterterrorism
    Certificate of Advanced Study in Security Studies
  • Maxwell School of Citizenship and Public Affairs
    Master in Public Administration
  • Syracuse University College of Law
    Juris Doctor

Richard C. Roxin

Senior Attorney

Rick is an extremely experienced criminal defense lawyer who has handled hundreds of DWI felony and misdemeanor cases.

Rick served as prosecutor for nearly 17 years with the Monroe County District Attorney's Office, including 4 years as Chief of the DWI Bureau from 1999-2003. In that role, he personally handled all DWI cases involving fatalities or serious injuries and worked closely in the training and investigative role with command and patrol staffs of regional law enforcement agencies.

Rick is one of a few local attorneys to earn AVVO's "10.0 Superb" DWI rating and for over 11 consecutive years, he has earned the "BV Distinguished" rating by Martindale-Hubbell, the legal profession's leading peer review group. He was recently named one of New York's "10 Best" DWI attorneys for client satisfaction by the American Institute of DWI Attorneys and was selected to the National Trial Lawyers Top 100 Trial Lawyers for Criminal Defense.

He is an accomplished lecturer and his speaking engagements include being selected to teach other criminal defense and DWI lawyers at the New York State Bar Association "Representing a DWI Defendant in New York from Arraignment to Disposition" seminars.
Why DWI Defense?

"I have now decided to serve my career surrounding DWI Defense. After 17 years with the Monroe County District Attorney's Office, I prefer to help in preventing people from incarceration, help in being an advocate to clients so that our citizens can contribute to being a valuable member of society versus being the reason they are incarcerated."
Education
  • Boston University
    BS, Communications and American History
  • Albany Law School
    JD

Gus F. DeStefano

After high school, Gus spent 81/2 years in the United States Navy, Nuclear Power Program. Followed by 12 years with the Knools Atomic Power Lab in supervisory roles in Radiological Controls and Maintenance.

Thereafter, he returned to school to get his law degree and practice law in New York state. Since admittance to the bar, Gus has practiced in several courts throughout New York State. Having previously practiced in the areas of Family and Matrimonial Law, spending a majority of his legal career concentrating on Criminal Law.

Outside of the office, he spends time with his wife of 31 years, three children and his two dogs.
Why DWI Defense?

DWI is one of the hottest issues of today. Legislators continue to change the laws to make the streets safer. While we do not condone drinking and driving, the rights of individuals charged with this crime need to be protected. We need to remind the court system that a person in the United States is still deemed to be innocent until proven guilty. We also help ensure that law enforcement uses proper procedures to stop and/or charge individuals. Without this protection, it would be a short step to the reduction of our Constitutional protections.

Affiliations

Saratoga County Bar Association
New York State Bar Association
Education
  • Sage College of Albany
    Bachelors of Science
  • Albany Law School
    Juris Doctor

Ian E. Penders

Ian Penders is an Associate Attorney with Anelli Xavier, joining the firm in 2014. Mr. Penders is dedicated to helping client's navigate the complexities of the New York State's DWI Laws, and is passionate about criminal defense. Mr. Penders earned his Juris Doctorate from Albany Law School of Union University, and his Bachelor's Degree from SUNY College at Brockport. He lives in Western New York where he was born and raised. Mr. Penders coaches youth lacrosse, enjoys downhill skiing, and rooting for New York's only NFL team the Buffalo Bills.
Why DWI Defense?

I am passionate about defending the rights of the accused. The criminal justice system in this country is the best, but it is flawed in many ways. These flaws result in an unequal playing field, and I believe it is the criminal defense attorney's job to level that playing field.

Affiliations

American Bar Association
New York State Bar Association
Monroe County Bar Association
Education
  • SUNY Brockport
    Bachelors of Science
  • Albany Law School
    JD

Michael C. Viscosi

Senior Attorney

Prior to becoming an attorney, Mr. Viscosi served honorably in the United States Coast Guard after attending college at the State University of New York at Plattsburgh. During law school, he interned with the United States Attorney's Office in Springfield, Massachusetts and was employed for one year with the New York State Attorney General Consumer Fraud and Protection Bureau in Albany. Mr. Viscosi also proudly served as a reservist at the Coast Guard District One Office of the Judge Advocate General in Boston.

After law school, Mr. Viscosi worked as an Assistant District Attorney prosecuting various crimes. Then, as a defense attorney, he continuously applied the lessons he learned while serving his country to zealously represent individuals who have been criminally charged. He specifically dedicates himself to learning the developing science behind drug and alcohol testing as it relates to the field of DWI defense.

Mr. Viscosi is a member of the New York State Bar Association, has been named by Super Lawyers as a Rising Star for DWI law for the past two years and has achieved successful outcomes in numerous jury trials at both the felony and misdemeanor levels. He is admitted to practice law both in the State of New York and in United States District Court for the Northern District of New York.
Why DWI Defense?

Criminal defense- especially DWI is the focal point where our society's interest in public safety directly intersects with our rights as citizens to be free of government intrusion as outlined by our Constitution. It would be the easy way out to simply say, well, these people must have drove drunk so let's punish them because they deserve it.

Many times there exists a number on a piece of a paper from a breath test that supposedly can tell what amount of alcohol is in someone's blood at the time that they drove. All too often those numbers go unsubstantiated by law enforcement and unchallenged by defense attorneys. Crime labs lack transparency, the technology isn't thoroughly vetted and the actual testing for drugs and alcohol is simply far from error free.

I believe in a limited government that respects the rights and freedoms of its citizens and, more importantly, that very design is one of the core principles of this great nation. Although driving while intoxicated is a serious offense, I think most people would agree that the landscape surrounding this crime has changed dramatically over the years. We have seen the interjection of quantities of money into the enforcement of vehicle and traffic law, the use of roadblock checkpoints and the slow erosion of our ability to live a life free of government interference. In 1759 Ben Franklin once said that "those who would give up essential liberty to purchase a little temporary safety deserve neither liberty not safety." Those words have never been truer than applied against the backdrop of DWI law today.
Awards

Named 2014 and 2015 Super Lawyers rising star for DUI defense in New York State

Affiliations

New York State Bar Association
National DUI Defense College

Accolades

Twice awarded the United States Coast Guard Letter of Commendation
Education
  • University of Southern Maine
    Bachelor of Arts
  • Western New England University School of Law
    Juris Doctor

Derek S. Wild

Derek is an experienced DWI defense attorney that has handled hundreds of DWI felony and misdemeanor cases. He has been with Anelli Xavier since 2010 and has dedicated his career to defending those charged with DWI.

Born and raised in Rochester, New York, he worked at Anelli Xavier's corporate office in Syracuse for approximately three (3) years following law school. Wanting to return home, Anelli Xavier granted him the opportunity to transfer to the Rochester office and represent those charged in Western New York. He has attended numerous DWI defense seminars including some in New York City, Albany, and Boston.

Derek lives in Rochester and is an avid sports fan. He is an animal lover and owns a Rottweiler named "Odin."
Why DWI Defense?

Simple. The clients. DWI is a criminal offense that effects people from many different backgrounds. Although it may feel that way at first, an arrest for DWI does not make one a "bad person." DWI defense gives me the opportunity to advocate for good people who make a poor choice as well as the falsely accused. Whether it is through negotiation or litigation I work to get each one of my clients the best possible result.
Awards

Anelli Xavier Courtroom Warrior Award: 2012
Anelli Xavier Employee Excellence Award: 2013

Affiliations

New York State Bar Association
National College for DUI Defense

Accolades

National College for DUI Defense: Summer Session at Harvard Law School: 2014
Education
  • SUNY Buffalo
    Bachelor of Arts
  • Syracuse University College of Law
    Juris Doctor

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