Riebling, Proto & Sachs, LLP
Dedicated and Thorough New York Legal Representation
When you are facing difficult legal issues, you want a lawyer who will provide an honest and straightforward assessment and candid legal advice. When you come to the law offices of Riebling, Proto & Sachs, LLP, our skilled attorneys offer candid advice and more. Contact us today to discuss your legal concerns.
We are a full service law firm with offices conveniently located in White Plains, The Bronx, and New Windsor, New York. We believe in regular communication with every client to keep them fully informed of the status of their case at all times and to ensure that each client understands their case or legal issues. We will work diligently to preserve, protect and defend your rights and best interests in a wide range of practice areas, including criminal defense, personal injury, estate planning and education law.
At Riebling, Proto & Sachs, LLP you will have the benefit of a team of experienced attorneys working on your case. It is not uncommon for our attorneys to work collaboratively to develop innovative and effective solutions. Our combined experience will be put to your benefit.
We understand that each of our clients has different needs. With the help of a skilled staff, we work to develop a cost-effective, personalized legal solution that efficiently resolves our clients' legal concerns while minimizing disruption to their lives.
Our attorneys include former assistant district attorneys, trial lawyers and insurance company lawyers. We apply our experience to provide you with the most comprehensive legal advice possible. From criminal defense to personal injury litigation, we have the experience, skill, and dedication to help you get results.
Please Call: (914) 946-4808
Andrew J. Proto
A former Assistant District Attorney in Westchester County, Andrew gained valuable experience while handling countless felony and misdemeanor cases. While a prosecutor, he coordinated various investigations with state and local law enforcement, developing relationships he still maintains.
Later, as a senior associate with a leading insurance defense firm in Westchester County, he applied his skills by handling scores of cases involving personal injury, premises and commercial claims. Credited with over 25 successful trial verdicts throughout the Courts of New York, Andrew continues to successfully represent both his civil and criminal clients.
If your needs are Criminal or Civil in nature, Andrew aggressively represents his clients and is always available to discuss the status or strategy of your case.
Andrew is a graduate of Western New England College School of Law and a graduate of the State University of New York at Brockport. He is admitted to practice law in the State of New York as well as in Federal Court. He is also a member of the Westchester County Bar Association.
- New York
- U.S. District Court Southern District of New York
- Western New England College School of Law, Springfield, Massachusetts
- State University of New York, Brockport, New York
- General Litigation
- State and Federal Criminal Defense
- Family Law - Divorce, Child Custody, Child Support, etc.
- Landlord/Tenant Law
- Consumer Litigation
- Westchester County Bar Association
- Westchester County
- Assigned Counsel Panel
- Westchester County, Assistant District Attorney
- Chubb, General Counsel
- GMAC, General Counsel
- Medical Liability Mutual Insurance Company, General Counsel
- Physicians' Reciprocal Insurers, General Counsel
- St. Joseph's Medical Center, General Counsel
- Putnam Hospital Center, General Counsel
- Travelers, General Counsel
- Turner Construction Company, General Counsel
Please Call: (914) 946-4808
Skilled New York Lawyers You Can Trust
At Riebling, Proto, Schmidt & Sachs, LLP, our lawyers have a combined thirty years of experience representing clients in a variety of practice areas including family law, personal injury, and criminal defense.
With experience as former assistant district attorneys, trial lawyers and insurance attorneys, we are prepared to provide you with comprehensive legal advice and planning. Our comprehensive approach allows us to resolve issues now and in the long run.
If you are seeking attorneys committed to providing honest and experienced legal representation, contact one of our New York law offices for a free initial consultation and case evaluation
Your Best Interests are our Primary Concern
When you are facing a complicated legal matter, you want a lawyer who will vigorously protect your interests. You want an attorney you can trust to stand up for you. At Riebling, Proto, Schmidt & Sachs, LLP, our attorneys work tirelessly to serve our clients' needs and to produce successful results.
Whether you are seeking a lawyer to assist you with a criminal defense matter, personal injury claim, family law, estate planning issue or education law matter, we can provide honest, experienced, and personalized legal counsel.
Our Commitment to Our Clients
At Riebling, Proto, Schmidt & Sachs LLP, our lawyers offer personal attention to our clients. You deserve to have your concerns addressed promptly and you deserve attorneys who are willing to work with you to develop a solution tailored to your circumstances.
You can expect our lawyers to provide you with the most up-to-date information on your case. We will fully explain the situation, your options, and what you can expect at every stage of the case. With our frank assessments, you will have confidence and a full understanding of your case.
We believe in offering clients the full value of our extensive experience. Our attorneys collaborate with each other to make sure that your matter receives a thorough examination. From negotiations to trial, we apply all of our experience to help you get results. Whether you need a skilled estate planner to prepare wills and trusts, or a real estate attorney to represent you during complex commercial real estate transactions, we can serve you effectively.
We have four convenient office locations, allowing us to bring our services to you. With offices in White Plains, Bronx, Brewster and Warwick, our attorneys are capable of providing service to clients throughout New York.
Contact Our New York Lawyers
When you are facing a difficult legal situation, whom you hire to represent you can make a difference. From criminal defense matters to education law claims, our attorneys can make a difference. Contact our New York law offices for a free initial consultation and case evaluation.Practice Areas
Experienced New York Attorneys
At the law offices of Riebling, Proto, Schmidt & Sachs, LLP, our lawyers have built a reputation for providing clients with skilled legal counsel and personal attention. We provide clients with comprehensive legal strategies to address concerns across a range of practice areas. We are committed to developing solutions that will solve current legal problems while optimizing long-term outcomes.
Contact our lawyers today if you have questions regarding any of our practice areas.
- Criminal defense: Our criminal defense attorneys represent people accused of felonies and misdemeanors in New York state courts, including minor traffic infractions, drug charges, theft, DWI / DWAI / OUI / DUI and murder or manslaughter.
- Family law: We represent clients in all family law proceedings, including divorce, child custody and visitation, child support, paternity, and adoption.
- Personal injury: We represent people who are injured due to the negligence of others in car accidents, truck accidents, motorcycle accidents, slip and fall incidents, premises liability claims, products liability, and dog bite injuries.
- Construction law: We fight for people who have been injured in construction site accidents due to defective equipment, scaffolding accidents, unsafe work environment, and falling objects.
- Medical malpractice: We represent clients injured as a result of physician, nurse, hospital or nursing home negligence.
- Estate planning: We create wills, trusts and other estate planning documents to help our clients prepare for the future.
- Probate administration: The process of administering a loved one's estate is often difficult and stressful. Our lawyers can help you ensure that the deceased's assets are distributed according to their wishes.
- Real Estate: We represent clients in residential and commercial real estate transactions. We also handle a variety of landlord tenant issues.
Contact our New York Lawyers Today
At Riebling, Proto, Schmidt & Sachs, LLP we have the experience, knowledge, and skill that can make a difference. Contact us today for a free initial consultation and case evaluation.Criminal Defense
New York Criminal Defense Attorneys
Has a loved one been arrested for or indicted on felony charges such as assault or criminal drug possession in New York? Felony charges and misdemeanor charges can both carry serious consequences.
If you or a loved one has been arrested or charged with a crime, contact our law firm to speak with a criminal defense lawyer with significant trial experience. Our law firm has provided skilled and aggressive criminal defense for many people in New York's criminal courts and acted as attorneys in Federal criminal defense cases.
Riebling, Proto, Schmidt & Sachs, LLP is a criminal defense law firm dedicated to representing individuals facing New York felony charges and misdemeanor charges. With offices located in White Plains, the Bronx, Brewster and New Windsor, New York our experienced criminal defense attorneys offer free initial consultation and flexible appointment times upon request..
Our Criminal Defense attorneys are former prosecutors and seasoned criminal defense lawyers who know how the prosecution thinks and acts and will vigorously defend and protect your rights.
Our law firm has extensive experience representing residents of Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties of New York in such matters as:
- Murder / manslaughter
- Weapons charges
- White collar crimes
- Criminal impersonation
Defending Criminal Charges
The foundation of criminal defense is that the prosecution must prove the charges against an accused beyond a reasonable doubt. Our criminal defense lawyers will review your case first from the perspective of what evidence the government has to prove the charges. At Riebling, Proto, Schmidt & Sachs, LLP our criminal trial attorneys are former prosecutors and understand what the government needs to do in order to prove a crime has been committed.
In most instances the defense starts with attacking poor police work and failure of the government to preserve certain evidence such as weapons, blood, or drugs. We also attack the reliability of witnesses and seek out witnesses to support your defense. Our attorneys act quickly to determine the strength of the prosecutions case.
Types of Criminal Defenses in New York State
Our New York criminal defense lawyers also investigate the possibility of other defenses that can be advanced to help protect you from any criminal liability. Some of those defenses are:
Self Defense - Justification
If you are involved in any physical altercation that results in injury or even the death of another the defense of self defense will be explored by our experienced criminal defense lawyers. In New York State a person may use force when and to the extent he reasonably believes such to be necessary to defend him or herself . . . from what he/she reasonably believes to be the use or imminent use of unlawful physical force by another person. The defense usually does not apply when the person using force was the aggressor. Deadly physical force is prohibited unless the person reasonably believes that the other is using or is about to use deadly force, or that the other is committing or about to commit a burglary, kidnapping, forcible sexual intercourse, or robbery.
In any DWI or DWAI case a New York criminal defense attorney needs to carefully investigate any Breathalyzer machine used to register the blood alcohol content (BAC) of an accused. In New York State the legal limit is .08 (DWI) but one can still be arrested for Driving While Ability Impaired (DWAI) if their BAC level is as low as .06.
Our criminal defense includes the following:
- Was the software modified on the machine? This can disqualify its use in court
- Did the machine take into account of mouth alcohol from gum chewing, belching, blood, etc.
- Has the machine been properly calibrated? We will make certain that all calibration records are in order.
- Were than any mechanical defects with the breath test machine? Experts will be enlisted to challenge the accuracy of tests when appropriate.
- When was the breathalyzer administered? Blood alcohol level can change if a significant amount of time passed between the initial stop and the time the test was given.
- How was the software on the machine set? State law requires that breathalyzers be set the proper way.
If you or someone you know has been arrested for DWI or DWAI please contact our law office immediately so that we can put forth the best criminal defense in your case. Our DWI defense attorneys are experts in New York State DWI Laws and may help dramatically reduce the probability that you will face such serious consequences.
In a DWI or DWAI case a New York State a Criminal Defense lawyer must investigate any blood taken at the time of arrest that the prosecution wants to use to prove intoxication. The blood results can be challenged for a number of reasons. A blood test may be inaccurate due to:
- Did the nurse who drew the blood use a non-alcoholic swab to clean the injection area? If the nurse used an alcohol swab the test results could be compromised.
- What type of container did the nurse use to collect the blood? If it was not a vacutainer tube containing an anticoagulant and sodium fluoride preservative, a whole blood test cannot be conducted because the results are not reliable.
- Was the blood immediately refrigerated? If the sample was not refrigerated the test results could be compromised.
- How was the BAC test conducted? If the technician did not use a gas-chromatography test then the BAC analysis may be inaccurate.
- When was the test taken? The blood test cannot tell what the BAC was at the time of driving only what it was at the time of the test.
- Was the blood properly handled and a “chain of custody” preserved to allow the blood to be utilized by the government at all in trial? If not, the blood will not be admitted into evidence.
Not long ago our criminal defense attorneys determined that the best defense during a DWI trial was to challenge the blood results using the reasons stated above. In that matter a .24 blood result was suppressed and without that evidence the jury did not convict our client.
Urine tests have the same requirements as blood. Urine tests are the least reliable since it tests what is in the urine which may be saved from several hours back (which means it may show what the blood level was hours ago and confuse the results). Usually, the officer will request the person to empty his bladder 15-20 minutes prior to the urine test. If they don't do so, the test should be challenged.
An alibi places the accused away from the scene of the alleged offense at the time in question.
The entrapment defense is established where the accused engaged in criminal conduct after being induced or encouraged to do so by a public servant (the police) who was seeking to obtain evidence against the accused. In this type of criminal defense the burden of proving entrapment is placed on the accused. Our experienced criminal defense attorneys can advise you regarding the law, this type of defense and how it may apply to the facts of your case.
A criminal defense attorney may suggest this defense to an accused when the accused was coerced into committing a criminal act. The coercion is usually a threat of imminent unlawful physical force upon the accused or another.
In this criminal defense an accused must be able to show that they have withdrawn from participation in the criminal activity before a crime was committed and must have taken efforts to prevent the commission of the crime.
Not Guilty by Reason of Mental Disease or Defect Defense
In the defense of a criminal action our defense attorneys focus on the state of mind of our clients at the time of the alleged crime. In many circumstances a state of mind can negate criminal liability. This usually occurs when a psychological condition prohibited the accused from understanding the nature and consequences of the act committed. Our experienced criminal defense lawyers can further explain this defense in New York State and how it may apply to your specific situation.
Presumption Charges Defense
If you are in the company of an individual illegally possessing a weapon or controlled substance, in some circumstances, New York law states that you can be charged with felony or misdemeanor charges. Such criminal charges can be rebutted, and a skilled and experienced New York criminal defense lawyer may be able to have the felony charges dismissed.
Our Criminal Defense Lawyers will Provide You with the Strongest Defense
In addition to offering skilled criminal defense legal services, our attorneys are committed to educating their clients about their rights. Our defense lawyer can help you understand the criminal law and strives to ensure that you are provided with all of the protections you deserve including the best and strongest possible criminal defense. The attorneys at Riebling, Proto, Schmidt & Sachs, LLP also work to vigorously defend and protect your legal rights. Our entire law firm strives to establish comfortable working relationships with everyone they represent and offers cost-effective legal solutions for your criminal defense designed to minimize or eliminate your felony or misdemeanor charge.
Our criminal defense attorneys regularly practice in all Courts throughout Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties of New York.Felony Charges
Felony Charges and Felony Classes in New York
A Felony is the most serious crime under the Penal Law and Vehicle and Traffic Laws
In New York State one of the classifications of crimes is a Felony. A Felony is the most serious crime under the Penal Law, Vehicle and Traffic Laws or even a host of other laws. A Felony is generally a crime with a state prison sentence of over a year.
Since felony charges are serious they should be handled by an experienced criminal defense attorney. At Riebling, Proto, Schmidt & Sachs, LLP all of the attorneys are well versed in Criminal Law in New York State and have an in-depth understanding of felony classes and felony charges. Our attorneys include former prosecutors who regularly practice in all Courts throughout Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties. We are always available for a Free Consultation. Protecting your legal rights is our primary concern.
The Felony Procedure
- The Arrest: When charged with felony, a person is placed under arrest when they are placed into the custody of the police department. This could be a local police department, state of federal agency. Our advice to our clients with felony charges is to never make any statements to the police and always demand to call your lawyer at our office.
- The Arraignment: This is the first time the defendant is brought before a Judge and the felony charges are explained. The Court next makes a determination regarding bail.
- Arraignment on a Felony Complaint: In all New York State Counties except usually the 5 boroughs of New York City a Local Criminal Court may arraign a defendant however a plea is not entered at that time since a local criminal court does not have jurisdiction over Felony matter. Bail may be set depending on the defendant’s criminal history. In a Local Criminal Court a defendant is entitled to a Felony Hearing.
- Arraignment on an Indictment: After a defendant is charged with felony by a Grand Jury the defendant is arraigned on the Indictment. Bail is set and usually a pretrial motion schedule is ordered by the Court.
- The Felony Hearing: At a Felony Hearing also called a Preliminary Hearing the prosecution must prove to a Local Criminal Court that there exists reasonable cause to believe the defendant committed the felony. If the defendant is incarcerated he/she may be released if the felony hearing is not conducted within approximately 5 days of the arrest. The Pursuant to CPL 180.80. After the felony hearing the Judge can dismiss the felony charge, find a lower crime was committed or hold the defendant for the action of the Grand Jury.
- The Grand Jury and the Felony Charges: The District Attorney presents the felony case to a Grand Jury usually approximately 24 individuals and needs to prove that there is legally sufficient evidence to prove the felony charges against the defendant. A Grand Jury proceeding is secret and although the defendant may testify if they choose the defense attorney is not allowed to participate. A Grand Jury can indict or dismiss the felony charges. If there is an indictment the defendant will be arraigned on the indictment.
- Pre-Trial Motions: The defense attorney can make a variety of motions to have evidence excluded or the felony case dismissed. On a felony charge our Law Office routinely makes motions to dismiss the felony case and suppress evidence such as identifications, statements, physical evidence, prior arrests and the basis for the arrest. In addition to writing the motions, Felony Hearings are held prior to trial.
- Plea Bargain: At any time the Prosecution may offer a “Plea Deal” for the defendant charged with felony to plea guilty. This usually is a compromise between the Prosecution and defendant to admit guilt to a lesser charge. Our criminal attorneys at Riebling, Proto, Schmidt & Sachs, LLP always explore Plea Bargain options for felony charges and aggressively represent your interests.
- Trial: The defendant can elect for a bench trial (Judge only) or Jury trial consisting of 12 Jurors. At the trial the prosecution has the burden of proving the case beyond a reasonable doubt and the defendant has the opportunity to cross examine the prosecution’s witnesses and present witnesses on the behalf of the defendant. At the conclusion of the trial the defendant will be found Not Guilty or Guilty.
- Sentencing: If a Guilty verdict is found the defendant will be interviewed by the Department of Probation and a report will be generated to assist the Judge in their sentence determination. A sentence could range from a conditional discharge, fines, probation, or state prison. The sentence is based upon the facts and circumstances of the felony case and at the Judge’s discretion.
Felony Classes And Sentences
All Felonies range in classification from “A” to “E” with the “A” crimes as the most serious. The following felony class chart is a general sentence classification it does not account for prior criminal history. One with prior felony convictions are treated with an increased minimum and maximum sentence.
- “A” Violent Felony: Life, 20-25 Year
- “B” Violent Felony: 5-25 Years
- “B” Non Violent Felony: 1-3 Max 25
- “C” Violent Felony: 3 ½ to 15 years
- “C” Non Violent Felony: No Jail, Probation, 1-2 years to 15 Years
- “D” Violent Felony: 2-7 Years
- “D” Non Violent Felony: No Jail, Probation 1-3 to 7
- “E” Violent Felony: No Jail, Probation, 1 ½ to 4
- “E” Non Violent Felony: No Jail, Probation 1 1/3 to 4
At Riebling, Proto, Schmidt & Sachs, LLP any potential felony class and sentence either after trial or as a result of a plea bargain will be analyzed and discussed in detail so that our client facing felony charges can make an informed decision.
What to Do If Charged With a Felony Crime
If you have been charged with a Felony or any crime, you should consult with an experienced criminal law attorney without delay so you can determine and protect your legal rights.
At Riebling, Proto, Schmidt & Sachs, LLP our attorneys have been defending individuals charged with felony and other crimes for years. With law offices in White Plains, New Windsor, Bronx, and Brewster New York, we regularly practice in Westchester, Bronx, Rockland, Putnam, Dutchess and Orange Counties. Contact our law firm for a free consultation.
Our criminal defense attorneys have faced every type of case from Murder to less serious violations. We are aggressive and dedicated and always a phone call away 1.877.529.8646.