Criminal
DWI-Felony Jury Trial, All Charges Dismissed;
NYS DMV Refusal Hearing-Charges Dismissed
The client was the designated driver on St. Patrick's day and charged with Felony DWI, Refusal to take Breath Test, Refusal to take Alco-Sensor Test. After Felony Jury Trial, all charges dismissed. After New York State DMV Refusal Heairng, charge dismissed, i.e, no refusal and no license revocation.
Client was simply driving home with friends in the City of Cortland and was then pulled over for an alleged minor traffic violation, often a pretextual stop for police to try and make out a serious DWI charge. Although police alleged the client refused the breathylyzer test (which allegation results in a separate DMV revocation/refusal hearing), upon review of all police evidence and video, the video recording of the client and police discussing the breath test oddly had no sound. Therefore, while you could see the client and police speaking about taking the breath test, no conversation could be heard. Further review of available video showed the client walking in good form down the police station stairway, standing calmly for long periods of time, not weaving, not stumbling and not wobbling about. In other words, the police station video showed what appeared to be a very stable and sober defendant, while the DWI allegations alleged the defendant was intoxicated, slurring his speech and unsteady in all respects.
At trial, good use was made of the police video so that the jury could see for themselves a perfectly calm defendant, walking steadily down stairs, not swaying, not stumbling and being cooperative in all respects. This was all in direct contrast to the officer's testimony on the stand at trial. In the end, after cross examination and hearing the testimony of the client, the jury was readily able to discern the truth of the matter and all criminal charges were dismissed.
Separately, due to the police allegation that the client had refused the breathlyzer test, the client was faced with license revocation at a New York State Department of Motor Vehicles administrative revocation hearing. Again, these charges were also dismissed and the client's license was saved from administrative revocation by the DMV.
DWI
DWI-Client Arrested in Home following Motorcycle Accident, All DWI Charges Dismissed.
The client was driving home on his Harley Davidson motorcycle when it started to rain. A deer jumped out from a ditch on a curve on the country road he was taking to his home and in avoiding the deer, he hit a road sign and laid the bike down. He got the motorcycle upright, while a woman came out of a nearby residence and rather than asking if he needed help, screamed at him and said, "I'm calling the cops!". Standing in the rain and cold, about two miles from his home, the client decided he would go home and deal with the sign issue in the morning. He had been home, in bed, and asleep for several hours when the State Police knocked on his door. They demanded to come into his home (being cooperative he let them in--he shouldn't have). Once inside the home, they began to accuse him of having driven while intoxicated when he had gone off the road several hours previously before he went home and went to bed. He was then arrested for DWI while standing in his living room and taken away for processing.
This case proceeded to trial in the local town court. For over a year, numerous pre trial motions were litigated and pre trial hearings were held as this matter required aggressive defense due to an overly aggessive prosecutor who was intent on securing a conviction for DWI. On the day of trial, during jury selection (voir dire) , each juror was individually interviewed by Edward W. Goehler, and asked about connections they might have with law enforcement, or if they might have a tendency to believe arresting officers more than a defendant. After thorough questioning, many of the prospective jurors admitted they either were related to law enforcement officers, or knew some officers, or knew members of the prosecutor's office and admitted that they might therefore have a tendency to give the arresting officer more credibility than the client. These jurors eventually admitted that they could not be impartial and they were then convinced to excuse themselves. By the time jury selection was complete, so many jurors had excused themselves that the trial could not proceed and the matter was adjourned to resume trial, almost another year later. In the interim, the local judge had lost the tape recordings of the pre-trial hearings and there was additional litigation over this fact. Orders to Show Cause had to be filed in the County Court, with the County Court Judge to force the local court judge to answer inquiries about the lost and missing tape recordings of all the pre trial hearings.
Eventually, by the time the case next came up for trial, the prosecutor had had enough and consented to the dismissal of the DWI charges.
FAMILY (AND CRIMINAL)
FAMILY AND CRIMINAL-Wife Tries to take Custody of Children and has Father Arrested for Rape First Degree
The father thought he was happily married with three children, with a nice and modest home in the country. That all came to an abrupt end for him when one day, when without any warning, his wife told him she wanted him to move out of the home. The wife had him served with papers, initiating custody litigation for the children.
Suddenly, the client found himself in the midst of serious litigation, wherein the Wife sought to take sole custody of his children, have him removed from his own home and to completely sever his relationship with his three children.
Not satisfied with the progress of the custody litigation, the Wife thereafter had the father arrested and charged with the extremely serious felony charge of Rape in the First Degree (possible 20+ years in State Prison). She obtained an Order of Protection based on the Rape charge and had him thrown out of his own home. Now the father found himself not only faced with losing custody of his children, but also barred from his own home and unable to even see his children. Worse, he now faced the possibility of being convicted of Rape First Degree and sentenced to a very long term in a maximum security prison. The fact that the Rape charges had been wholly fabricated by the Wife made no difference to the police. The father was still arrested, charged with what is one of the most serious charges under the New York State Penal Law and thrown out of his own home by the Order of Protection signed by a local Town Court Judge.
He was now faced with simultaneous custody litigation to take away his children in Family Court, while at the same time facing extremely serious prosecution on the Wife's fabricated criminal Rape charges. This client needed immediate and serious legal help with a two front, complex situation, ongoing at the same time both in Family Court and Criminal court.
After attentive and serious legal representation, the criminal charges were all dismissed in their entirety. Not a plea bargain to a lesser charge, but the Rape First Degree charges were completely dismissed. Meanwhile, the Family Court litigation proceeded through trial. The Result in Family Court: Sole Custody of all 3 children to client, and Child Support paid by Wife to client.
For years after, the Wife continued to file multiple subsequent custody modification petitions and child support modification petitions , (using 3 different attorneys for each new action). Defending the client against these subsequent Family court petitions also resulted in dismissal of the wife's continued attempts to reverse the custody order and/or to lower her child support payments.
CIVIL
CIVIL-Husband Accused of Murdering Wife Attempts to Keep Body from Wife's Family
The accused murderer of his wife was awaiting trial on the murder charges. During the course of the criminal proceedings, the accused husband sought possession of his deceased wife's body pursuant to NY statute which gives a husband legal preference to the body of the wife. The husband alleged that he would have the wife's body cremated, stating that was what she had told him she always wanted. Understandably, the Wife's mother and family were horrified at the prospect of the person who they believed had murdered the wife, was now going to compound their pain by inflicting this final indignity on their loved one. The family wanted to inter the remains of the deceased wife in a family burial plot, but the Husband, accused and about to stand trial for murder, persisted with his litigation to take the body and have his deceased wife cremated. The family retained Edward W. Goehler, Esq. to represent the family's interests.
The trial of the matter was an emotional event for the family , and there were some demonstrations and crowds outside the courthouse at the time. In the end, despite the statute giving legal preference to the husband to take the body, the right result was achieved and the family was able to provide a proper burial.
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_28229.htm