New York Criminal Defense Attorneys

Has a loved one been arrested for or indicted on felony charges such as assault or criminal drug possession in New York? Felony charges and misdemeanor charges can both carry serious consequences.

If you or a loved one has been arrested or charged with a crime, contact our law firm to speak with a criminal defense lawyer with significant trial experience. Our law firm has provided skilled and aggressive criminal defense for many people in New York's criminal courts and acted as attorneys in Federal criminal defense cases.

Riebling, Proto & Sachs, LLP is a criminal defense law firm dedicated to representing individuals facing New York felony charges and misdemeanor charges. With offices located in White Plains, the Bronx, Brewster and New Windsor, New York our experienced criminal defense attorneys offer free initial consultation and flexible appointment times upon request..

Our Criminal Defense attorneys are former prosecutors and seasoned criminal defense lawyers who know how the prosecution thinks and acts and will vigorously defend and protect your rights.

Our law firm has extensive experience representing residents of Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties of New York in such matters as:

Defending Criminal Charges

The foundation of criminal defense is that the prosecution must prove the charges against an accused beyond a reasonable doubt.  Our criminal defense lawyers will review your case first from the perspective of what evidence the government has to prove the charges.  At Riebling, Proto & Sachs, LLP our criminal trial attorneys are former prosecutors and understand what the government needs to do in order to prove a crime has been committed.

In most instances the defense starts with attacking poor police work and failure of the government to preserve certain evidence such as weapons, blood, or drugs.  We also attack the reliability of witnesses and seek out witnesses to support your defense.  Our attorneys act quickly to determine the strength of the prosecutions case.

Types of Criminal Defenses in New York State

Our New York criminal defense lawyers also investigate the possibility of other defenses that can be advanced to help protect you from any criminal liability.  Some of those defenses are:

Self Defense - Justification

If you are involved in any physical altercation that results in injury or even the death of another the defense of self defense will be explored by our experienced criminal defense lawyers.  In New York State a person may use force when and to the extent he reasonably believes such to be necessary to defend him or herself . . . from what he/she reasonably believes to be the use or imminent use of unlawful physical force by another person.  The defense usually does not apply when the person using force was the aggressor.  Deadly physical force is prohibited unless the person reasonably believes that the other is using or is about to use deadly force, or that the other is committing or about to commit a burglary, kidnapping, forcible sexual intercourse, or robbery.

Breathalyzer Defense

In any DWI or DWAI case a New York criminal defense attorney needs to carefully investigate any Breathalyzer machine used to register the blood alcohol content (BAC)  of an accused.  In New York State the legal limit is .08 (DWI) but one can still be arrested for Driving While Ability Impaired (DWAI) if their BAC level is as low as .06.

Our criminal defense includes the following: 

1. Was the software modified on the machine? This can disqualify its use in court
2. Did the machine take into account of mouth alcohol from gum chewing, belching, blood, etc.
3. Has the machine been properly calibrated? We will make certain that all calibration records are in order.
4. Were than any mechanical defects with the breath test machine? Experts will be enlisted to challenge the accuracy of tests when appropriate.
5. When was the breathalyzer administered? Blood alcohol level can change if a significant amount of time passed between the initial stop and the time the test was given.
6. How was the software on the machine set? State law requires that breathalyzers be set the proper way.

If you or someone you know has been arrested for DWI or DWAI please contact our law office immediately so that we can put forth the best criminal defense in your case. Our DWI defense attorneys are experts in New York State DWI Laws  and may help dramatically reduce the probability that you will face such serious consequences.

Blood Defense

In a DWI or DWAI case a New York State a Criminal Defense lawyer must investigate any blood taken at the time of arrest that the prosecution wants to use to prove intoxication.  The blood results can be challenged for a number of reasons.  A blood test may be inaccurate due to:

1. Did the nurse who drew the blood use a non-alcoholic swab to clean the injection area? If the nurse used an alcohol swab the test results could be compromised.
2. What type of container did the nurse use to collect the blood? If it was not a vacutainer tube containing an anticoagulant and sodium fluoride preservative, a whole blood test cannot be conducted because the results are not reliable.
3. Was the blood immediately refrigerated? If the sample was not refrigerated the test results could be compromised.
4. How was the BAC test conducted? If the technician did not use a gas-chromatography test then the BAC analysis may be inaccurate.
5. When was the test taken? The blood test cannot tell what the BAC was at the time of driving only what it was at the time of the test.
6. Was the blood properly handled and a “chain of custody” preserved to allow the blood to be utilized by the government at all in trial?  If not, the blood will not be admitted into evidence.

Not long ago our criminal defense attorneys determined that the best defense during a DWI trial was to challenge the blood results using the reasons stated above. In that matter a .24 blood result was suppressed and without that evidence the jury did not convict our client.

Urine Test

Urine tests have the same requirements as blood.  Urine tests are the least reliable since it tests what is in the urine which may be saved from several hours back (which means it may show what the blood level was hours ago and confuse the results).  Usually, the officer will request the person to empty his bladder 15-20 minutes prior to the urine test. If they don't do so, the test should be challenged.

Alibi Defense

An alibi places the accused away from the scene of the alleged offense at the time in question. 

Entrapment Defense

The entrapment defense is established where the accused engaged in criminal conduct after being induced or encouraged to do so by a public servant (the police) who was seeking to obtain evidence against the accused.  In this type of criminal defense the burden of proving entrapment is placed on the accused.  Our experienced criminal defense attorneys can advise you regarding the law, this type of defense and how it may apply to the facts of your case. 

Duress Defense

A criminal defense attorney may suggest this defense to an accused when the accused was coerced into committing a criminal act.  The coercion is usually a threat of imminent unlawful physical force upon the accused or another.

Renunciation Defense

In this criminal defense an accused must be able to show that they have withdrawn from participation in the criminal activity before a crime was committed and must have taken efforts to prevent the commission of the crime. 

Not Guilty by Reason of Mental Disease or Defect Defense

In the defense of a criminal action our defense attorneys focus on the state of mind of our clients at the time of the alleged crime.  In many circumstances a state of mind can negate criminal liability.  This usually occurs when a psychological condition prohibited the accused from understanding the nature and consequences of the act committed.  Our experienced criminal defense lawyers can further explain this defense in New York State and how it may apply to your specific situation.   

Presumption Charges Defense

If you are in the company of an individual illegally possessing a weapon or controlled substance, in some circumstances, New York law states that you can be charged with felony or misdemeanor charges. Such criminal charges can be rebutted, and a skilled and experienced New York criminal defense lawyer may be able to have the felony charges dismissed.

Our Criminal Defense Lawyers will Provide You with the Strongest Defense

In addition to offering skilled criminal defense legal services, our attorneys are committed to educating their clients about their rights. Our defense lawyer can help you understand the criminal law and strives to ensure that you are provided with all of the protections you deserve including the best and strongest possible criminal defense. The attorneys at Riebling, Proto & Sachs, LLP also work to vigorously defend and protect your legal rights. Our entire law firm strives to establish comfortable working relationships with everyone they represent and offers cost-effective legal solutions for your criminal defense designed to minimize or eliminate your felony or misdemeanor charge.

Our criminal defense attorneys regularly practice in all Courts throughout Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties of New York.

For a general overview of criminal law, please visit our Felony Charges and Felony Classes and/or Misdemeanor Sentences and Classes Information Pages.