Benjamin J. Wittwer, Esq.
Associate (585) 423-8290 ext.
Ben Wittwer received his undergraduate degree from the University of Rochester and his law degree from Washington University School of Law in St. Louis, Missouri, where he graduated magna cum laude. Since entering the legal field in 2010, Ben has dedicated his career to defending individuals who have been charged with crimes and holding law enforcement accountable for civil rights violations.
Ben began his legal career as a criminal trial attorney in the Public Defender Division of the Committee for Public Counsel Services in Salem, Massachusetts. For three years, he represented clients with charges ranging from misdemeanors to life felonies and has repeatedly succeeded in having serious charges dismissed including sex offenses, burglaries, and robberies. In 2015, Ben moved to New York City and joined Brooklyn Defender Services, a public defense office, as a senior trial attorney. There, he tirelessly worked to achieve successful case resolutions for clients facing all levels of felony charges, which included numerous “not guilty” verdicts after trial. After over ten years as a public defender, Ben entered the New York City Court System as the Principal Court Attorney for the Hon. Matthew A. Sciarrino, Jr. (ret.), where he helped decide and draft opinions on hundreds of motions relating to all aspects of criminal felony practice.
Ben moved his family to Rochester in 2024 at which time he became the Deputy Executive Director and General Counsel for the Police Accountability Board. Ben was instrumental in developing the PAB’s investigative procedures, holding officers accountable for misconduct, and enhancing public transparency and accountability for the Rochester Police Department. In the spring of 2025, Ben became an associate at ETKS, where he handles both criminal defense and civil rights litigation.
Ben has attended a variety of professional conferences on his areas of practice and most recently attended the National Association for Civil Oversight of Law Enforcement’s annual conference in Tucson, AZ. He is a 2024 graduate of the Rochester Police Department’s Citizen’s Police Academy. Ben has given presentations in Monroe County on Fourth Amendment issues and the relationship between law enforcement and the community. He feels honored to bring the highest standard of legal representation to clients through his work at ETKS.
Education
Washington University in Saint Louis School of Law, J.D., magna cum laude, 2012
University of Rochester, B.A., 2007
Memberships
Monroe County Bar Association
New York State Defenders Association
National Association of Criminal Defense Lawyers
Awards & Honors
Order of the Coif, 2012
Public Service Certificate, Highest Distinction, 2012
Excellence in Oral Advocacy, 2012
Concentrations of Practice
Criminal Trials
Weapon Offenses
Drug Offenses
Sex Offenses
DWI
Justification: Use of Physical Force for Defense
Civil Rights Litigation
Bar Admissions
New York
Massachusetts
Court Admissions
United States District Court, Western District of New York