Misdemeanor Criminal Weapons Charges Dismissed in New Rochelle City Court
After a lengthy and aggressive defense, the
criminal defense lawyers of Riebling, Proto & Sachs, LLP were successful in obtaining
a dismissal of all charges filed against our client in the New Rochelle
Our client was one of four individuals arrested after their motor vehicle
was stopped by police responding to a 911 call complaining that a hand
gun was being pointed out of the car's window. While no hand gun was
found by the police during the search of the car, they did find a pair
of brass knuckles on the rear seat of the motor vehicle. Under the law,
possession of brass knuckles is a crime under Penal Law Section 265.01-
Criminal Possession of a Weapon in the Fourth Degree (Class A
While none of the four people in the car were actually holding the weapon
at the time the car was stopped or at the time of its discovery, all four
were charged pursuant to the "automobile presumption" which
permits the police to arrest and charge passengers of a motor vehicle
with the crime of possession simply due to the fact that the weapon was
found within the motor vehicle where they were seated just prior to the
discovery of the illegal item. The automobile presumption has been used
in the past to justify the arrests of countless people in "possession
cases" involving weapons,
controlled substances, marijuana, etc.
The dismissal was obtained after a thorough investigation revealed evidence
demonstrating that our client was not ever in possession of the brass
knuckles and had not engaged in any illegal activity.
Youthful Offender Status
Under the law of New York State, a Youth Offender is defined as someone
being at least sixteen years old and less than nineteen years old. An
individual who is eligible to be adjudicated a Youthful Offender will
have their criminal record sealed and any criminal conviction will not
be recorded as a crime on that person's record.
In this particular case, our client was Youth Offender eligible and several
offers were made by the Westchester District Attorney's Office which
required our client to enter a guilty plea and have the record sealed.
However, based upon the information obtained during the investigation
and after lengthy consultation with our client all offers requiring our
client to enter a plea of guilty were rejected. Ultimately, all the charges
were dismissed to the satisfaction of our client.
Call for a Free Consultation
Finding an experienced and aggressive
criminal defense attorney soon after someone is arrested or charged with a crime can make
all the difference in protecting that person's rights and interests. Contact
Riebling, Proto & Sachs, LLP for a free consultation and find out how our criminal defense lawyers
can help you.