New York Criminal Lawyer Blawg

With the recent housing slump couples seeking to get a divorce are finding that they are fighting not to keep the house, but rather to not get the house during the divorce settlement.

Simply put, as a result of the housing crisis, the value of the home is worth less than the mortgage owed and this makes the process of splitting up that much harder.

These issues were recently featured in an article in the New York Times.

In making the decision to get divorced it is important to select an New York Divorce attorney who has the experience in dealing with these difficult financial issues. At Riebling, Proto & Sachs, we have the experience you need in order to ensure that even in these difficult financial times, that your interests are protected. We can structure settlements in a divorce on your behalf that will help to protect your credit and your finances, even in an uncertain market.

When clients come to our office and speak with our New York DWI lawyers, they tell us stories about the police and how they were treated during a DWI arrest. Most of the information from those charged with DWI is very similar and the police always have the advantage not because they are "all powerful" but because they have a better understanding of the New York State DWI laws than the average person.

In Westchester County and other Counties in New York State, the local police and State police have a set of procedures they follow in order to build a DWI case against you.

Since most people don't know the DWI laws....

.........the police can appear friendly, but are taking advantage of the fact you don't know the DWI laws.

Our New York DWI attorneys are always willing to educate our clients about the DWI laws and how to protect your rights.

With just a basic understanding of the New York DWI laws this can take the advantage from the police and explain the DWI process. The DWI laws in New York are complex and how the police enforce them can be inconsistent, but the following can be used to help you get a better understanding of the DWI laws in New York State and how our DWI attorneys in Westchester County or any County in New York protect your rights.

1. When pulled over for suspicion of DWI, the police are immediately building a case against you.
2. The Police can deceive you and most of the time will.
3. You can and should ask for your DWI lawyer immediately. Be persistent such as "I want to talk to a lawyer now!!" Don't say something such as "maybe I should get a lawyer?"
4. Never make any statements to the police despite any promises they police may make to you. Never admit to drinking.
5. All the field sobriety tests (FST) will be used against you at trial. You have the right to refuse those tests.
6. The handheld breath test used on the side of the road is usually not admissible in court and they tend to register a high reading.
7. .08% is the legal limit in New York State but you can be arrested for a BAC as low as .06%. Between .06% and .07% the DWI charge is called Driving While Ability Impaired (DWAI) a lesser included offense of DWI (.08% and above).
8. The police can arrest you if they feel your ability to drive is impaired by drugs. The offense Driving While Ability Impaired by Drugs is just as serious as regular DWI.
9. Other methods of testing your Blood Alcohol Content (BAC) include blood and urine which in some cases is less reliable than breath tests.
10. The BAC tests are strong evidence of your guilt. However, if you refuse those tests you face greater consequences with DMV.
11. If you have a high BAC reading the Westchester County, Bronx County Rockland County, Putnam County, Dutchess County, and Orange County District Attorney's Office will be less likely to enter into a plea bargain if our DWI attorneys can't get the case dismissed. This informal rule applies for most of New York State.
12. If you have a CDL driver's license in New York and arrested for DWI you risk losing your CDL permanently.
13. Most police cars have cameras but few turn them on since that tape will have to be turned over to the our New York DWI lawyers. Also, any notes the police take must be turned over to your New York DWI attorney.
14. DWI in New York State unlike many other crimes can have a long term impact on your license and insurance.
15. The fees DMV charge if your arrested and/or convicted of DWI can exceed over $1,000.00.
16. A DWI charge is a felony if you have a previous conviction in the past 10 years.

In many DWI, cases these issues appear over and over. Our DWI lawyers at Riebling, Proto & Sachs, LLP are former prosecutors and know the procedures and polices of various police departments and the State Police. Our goal is to protect you against any felony charges and/or sentences for misdemeanor under the DWI laws of New York State.

If you are arrested in New York State for DWI you should speak with a DWI lawyer immediately. Feel free to call us for a free consultation.

It is difficult to make snap decisions on the side of the road with the police lights flashing in the background. The number one rule is to ask for your DWI lawyer as soon as possible.

Stephen Riebling successfully represented his client at trial in the City Court of White Plains, New York in defense to the misdemeanor crime of Menacing in the Third Degree.

In defending those criminal charges, criminal trial attorney Riebling focused on demonstrating that his client did not engage in any actions which were criminal under the law. All New York crimes, including felonies and misdemeanors have specific elements which need to be proven beyond a reasonable doubt.

The crime of Menacing in the Third Degree states:

"A person is guilty of Menacing in the Third Degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury." (PL S 120.15.)

The single most important factor in defending his client in the White Plains, New York Court was the lack of any "physical menace." In order to satisfy the physical menace element of this crime, it must be alleged that the defendant committed a physical act which, in and of itself, placed another person in fear of imminent injury.Words or threats are not enough to satisfy the requirement.A defendant may not be convicted of Menacing without evidence of this important element.

At the time of trial, the case was successfully resolved in favor of Attorney Riebling's client.

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If you or someone you know has been arrested for a crime, misdemeanor or felony and needs a criminal defense lawyer in New York, please contact Stephen Riebling or any member of the firm for a free consultation. The firm's criminal defense lawyers regularly appear in the courts of Westchester, Bronx, Rockland, Putman, Dutchess and Orange Counties.