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Single Mother Cleared After Arrest and CPS Investigation

White Plains, NY – A single mother of a teenage girl was vindicated against allegations of excessive corporal punishment against her daughter first in the Dobbs Ferry criminal court and second after a fair hearing, with the Office of Children and Family Services in White Plains.

The single mother was represented by the White Plains Law Firm of Riebling, Proto & Sachs, LLP, first by Attorney David Sachs to defend the criminal arrest and later by Attorney Andrew Proto regarding the CPS investigation, indicated report and at the fair hearing.

The client had been charged criminally with Endangering the Welfare of a Child (Penal Law 260.10) a misdemeanor crime in the Dobbs Ferry Justice Court. The allegations had been that the mother used excessive corporal punishment by hitting her daughter with a belt approximately 15 times. This criminal offense of Endangering the Welfare of a Child carries with it a punishment of three years probation and/or up to one year in jail.

Attorney David Sachs, argued that the factual portion of the charge did not violate the penal law, as corporal punishment is permissible in New York State. In addition, the paperwork from the local police and district attorney failed to state a cause of action of Endangering the Welfare of a Child. The district attorney and local court judge agreed and the matter was dismissed in the client’s favor and sealed pursuant to Criminal Procedure Law section 160.50.

The arrest automatically triggered a CPS investigation and upon the completion of that investigation the caseworker determined that the CPS report should be indicated.

Attorney Andrew Proto took on the defense of the CPS investigation and indicated finding at a fair hearing held before the Office of Children and Family Services.

After the fair hearing the judge determined that the CPS report and indicated finding should be amended to unfounded and sealed. The judge reasoned that the alleged abuse was superficial and not protected or brutal. During cross examination of the case worker Attorney Andrew Proto was able to elicit testimony that there was no correlation between any abuse and any mental health issues as well as pointing out inconsistencies between the case worker’s report and treating doctors. The caseworker insisted there were lacerations, bruises or welts but that was not supported by any evidence.

Afterwords the client commented on the work of Riebling, Proto & Sachs, LLP

The client commented:

“Since the very first moment I noticed their professionalism and knowledge to get the best result for my cases, walking me through all the steps, one by one. Their staff was always in contact to provide me with an update at all times. Both, David Sachs and Andrew Proto demonstrated strong character, punctuality, support and constantly searching for all options to win my both cases, and they made it possible.”

Riebling, Proto & Sachs, LLP is a Westchester County law firm focusing on criminal defense, family law and divorce matters. Their main office is located in downtown White Plains with Northern Westchester locations in Peekskill and Mount Kisco.

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