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Case Results
On January 18, 2022, the Law Offices of Alan J. Schwartz, P.C. arranged for the DISMISSAL of yet another misdemeanor case, the resolution of two other misdemeanor cases with non-criminal dispositions, and the early removal of an ignition interlock device for a sentenced DWI client based upon a successful motion!
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While we cannot guarantee the same results in any individual case, we can promise that you will be in good hands with the LAW OFFICES OF ALAN J. SCHWARTZ, P.C.
CASES DISMISSED!
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For one client facing two separate criminal cases from 2019 for 2 separate and unrelated incidents with a total of 4 misdemeanor charges and 92 points worth of moving violations alleged, we arranged for both cases and all charges to be dismissed and sealed! One case was dismissed in November and the second one, this January.
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As criminal defense attorneys, when a young client comes to us having been arrested for the first time, one of our first goals is to protect their future and avoid a criminal record.
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This particular bright and respectful college student maintains a 4.0 GPA, recently scored a 168 on his LSAT, and is in between applying for Law Schools or a possible career in Law Enforcement. He is what we would call a “good kid from a good family”, who was truly deserving of this outcome.
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In each case, the Office of the District Attorney held our client to misdemeanor charges, would not consider a non-criminal disposition and, at one point, unsuccessfully attempted to convince a Grand Jury to elevate one of the charges to a felony.
From our assessment of the cases, we felt one incident was a legitimate act of self-defense and the other justified to avoid serious injury and possibly death. We were prepared to take both cases to trial, and were on track to do so.
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Ultimately, after answering ready for trial, we were able to successfully get both cases dismissed without a need for a trial.
While we felt very strong about our defense and the witnesses we planned to call, trials are risky and the outcomes uncertain, so avoiding a trial with a dismissal is a huge victory.
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We wish this client the best of luck with his future endeavors, and thank him for our custom engraved bottles bearing our logo and the inscription “Case Dismissed”.
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With over forty [40] years of experience, the LAW OFFICES OF ALAN J. SCHWARTZ, P.C. has handled countless DWI cases, and stands ready to assist you.
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Call the LAW OFFICES OF ALAN J. SCHWARTZ, P.C. at 516-248-6311 for a complimentary consultation.
In Nassau County, for one client charged with Aggravated Driving While Intoxicated with a B.A.C. of .21 and Driving While Intoxicated, each an unclassified misdemeanor, Speed Not Reasonable and Prudent, a traffic infraction carrying three [3] points, Following Too Closely, a traffic infraction carrying four [4] points, and Moving From Lane Unsafely, a traffic infraction carrying three [3] points, after causing a three-car accident on a parkway, we arranged for the client to plea guilty to only one [1] misdemeanor, with a sentence of no jail and no probation.
In Nassau County, for one client accused of stealing approximately $8,000 who was facing up to seven [7] years in prison, we arranged for a non-criminal disposition with a sentence that did not involve any period of incarceration or probation.
In Suffolk County, for one client facing criminal prosecution for a misdemeanor driving while intoxicated offense, we arranged for the case to be resolved with a speeding ticket, a minor traffic infraction carrying only three [3] points and a $150 fine.
In Manhattan County on March 22, 2018, for one client charged with Forgery in the 2nd degree, a class D felony, Criminal Possession of a Forged Instrument in the 2nd degree, a class D felony, and Grand Larceny in the 4th degree, a class E felony, involving $35,000.00, we arranged to have this matter adjourned in contemplation of dismissal pursuant to section 170.55 of the Criminal Procedure Law, conditioned upon completing thirty five [35] hours of community service. An adjournment in contemplation of dismissal is an adjournment of a criminal action with a view to ultimate dismissal of the accusatory instrument[s] in furtherance of justice, in this case within a six [6] month period of time, and the law provides that upon the granting of such an order, the arrest and prosecution shall be deemed a nullity and the defendant restored, in contemplation of law, to the status he occupied before his arrest and prosecution.
In Queens County, for one client charged with Use Of A Portable Electronic Device, a traffic infraction carrying five [5] points, we secured a Not Guilty verdict after a hearing in the Traffic and Parking Violation Agency, Queens County North.
In Nassau County, for one client charged with four [4] counts of Criminal Possession of a Controlled, a class B Felony, for two separate incidents, we arranged for them to enter a plea of guilty to Disorderly Conduct, a violation of the New York State Penal Law §240.20(7), a violation and not a crime. (Dispo/sent on November 16, 2018.)