April 2011 Archives

April 30, 2011

Not Guilty Verdict in Patterson, NY- Public Lewdness Case

952313_gavel.jpgA client of the firm was found Not Guilty after a three day jury trial in the Town of Patterson in Putnam County, New York.

The Client was charged with four counts of Endangering the Welfare of a Child, four counts of Harassment in the Second degree and one Count of Public Lewdness all Misdemeanors.

The allegations were that the client had made obscene gestures and harassed a group of four children in his neighborhood. This is something the client denied. The jury heard evidence that the client had been involved in a neighbor dispute with the children's parents and had himself been the victim of the parent's harassment.

The Putnam County, District Attorney had two prosecutors at trial but could not overcome the fact that all of their witnesses testified contrary to their previous statements and contrary to each other's testimony at trial. The Client however asserted his innocence when arrested, when interrogated by the State Police, during the criminal proceedings and when he testified in his own defense. The client also testified consistently with his previous statements to the State Troopers.

The criminal defense during trial focused on the prosecution's witnesses failure to be credible and that each element of the crime was not proven.

There jury returned after three hours of reviewing the evidence with a Not Guilty verdict on all counts.

The criminal defense of the misdemeanor charges started long before trial. The best criminal defense is in the preparation of the case for trial and the selection of various witnesses. The defense strategy was simple, the prosecutions witnesses were not believable and even if the jury wanted to believe all the prosecutions witnesses the case was not proven beyond a reasonable doubt.

The client was very happy with the result and no longer has anything to do with his former neighbors or their children.

When accused of a crime the criminal defense starts on the first day. At Riebling, Proto & Sachs, LLP, we prepare for three possible outcomes of any criminal matter; dismissal, plea bargain or trial. The top criminal defense attorneys in New York look to weaken the prosecutions case one step at a time. All the evidence may not get dismissed but if enough parts are dismissed or suppressed the prosecution will not be left with much of a case for plea bargain or trial. It's this aggressive criminal defense approach that is necessary to win criminal cases. Always contact a criminal defense attorney.

When charged with a Felony or Misdemeanor the best criminal defense is to call a criminal lawyer as soon as possible. The earlier the criminal lawyer can respond the better.