White Plains criminal defense attorney Andrew Proto of Proto, Sachs & Brown, LLP recently obtained a dismissal of three felony charges; Criminal Possession of Stolen Property (PL 165.45(2)) in the New York County Criminal Court.
The arrest was over 10 years old and still pending due to an arrest warrant out of the criminal court based upon the client’s failure to appear. The Mr. Proto acted quickly, arranged for the client’s surrender to the court and despite the client’s failure to appear as required for over a decade was able to secure the client’s release without posting any bail.
Upon argument the matter was reduced from a felony to a misdemeanor. The New York County District Attorney did not want the client to receive a benefit from the failure to appear but offered a further reduction, based upon the client’s background, to the violation of Disorderly Conduct.
Not satisfied with the client entering any guilty plea, criminal defense attorney Andrew Proto pressed the ADA to further demand a dismissal of the case. The primary arguments focused on the government's difficulty prosecuting a case that was 10 years old, the government’s failure to execute the warrant for over 10 years, the client’s ability to avoid any additional arrests during the 10 year period and importantly the necessity for a dismissal due to the client’s immigration status to avoid deportation.
After lengthy negotiations the District Attorney’s office agreed. The client was ecstatic with the final result, individual attention and extra efforts Andrew Proto and the criminal defense lawyers at Proto, Sachs & Brown, LLP put into the case.
As criminal defense attorneys in New York State it is important to continue to fight at every stage of the case. While some attorneys may have been satisfied with a simple reduction to Disorderly Conduct, Andrew and the criminal defense lawyers at Proto, Sachs & Brown, LLP, did not stop until they secured a dismissal for the client.
If you or a loved one is charged with a crime in New York State and/or has an outstanding warrant call the law firm of Proto, Sachs & Brown, LLP. Their attorneys are published authors in the area of criminal defense, DWI defense and the defense of drug crimes.
Proto, Sachs & Brown, LLP has their main office located in downtown White Plains with additional offices in Peekskill ,New York, New York. (914) 946-4808.
