Results

DWI

School Teacher DWI Dismissed

A young school teacher was charged with driving while intoxicated after hours. Although she submitted to DWI testing, all charges were dismissed as the accusatory instruments were exposed as being fatally defective, by Richard A. Portale, EQS NYC DWI Attorney.

NYC Nurse arrested and charged with DWI

Our client – a nurse at a NYC/Bronx Hospital – was arrested and charged with his 3rd DWI as he crossed the Tappan Zee Bridge from Rockland to Westchester with a truck full of buddies and beers. With the advice of counsel, the client refused any plea offers and the DWI matter was set down for hearings and trial. Westchester DWI attorney Richard A. Portale surgically dismantled the Government’s witnesses and the case crumbled. The client was acquitted after a couple short hours of deliberations.

DRUG CHARGES

  • Drugs/Ecstasy

Coming to the Defense of a Student Athlete

A promising young Pace University baseball player was literally “holding the bag”, as he and his friends arrived at a dance party in Westchester carrying several different psychedelic dance/party drugs and were approached by police. Because the police lacked reasonable cause to lawfully stop, detain & question the students, the subsequent seizure of the drugs was unlawful – the fruits of the poisonous tree. All criminal charges dismissed.

  • Drugs/Ecstasy

A – Felony Ecstasy Case Dismissed Because of warrantless entry

This young Westchester student was in the wrong place at the wrong time. He had crashed on a friend’s couch after a night out, but awoke the next morning to police crashing through the front door. Police searched the place and seized A-felony weight ecstasy in plain view in the living room. All occupants in the home were arrested and charged with criminal possession of a controlled substance. Mr. Portale demanded an immediate hearing and after a vigorous argument, the client was released. Police had no warrant and could cite no exigent circumstances, so their entry into the home was unlawful and their seizure of the drugs was therefore illegal. All criminal charges against our client were eventually dismissed.

  • Drug/Marijuana

11 Pounds of Marijuana delivered to the home

Imagine your mother owns her own home and is kind enough to let you and your husband live with her. One day, out of blue, an undercover detective shows up at her door, posing as a UPS driver attempting to deliver a package that contains 11 pounds of marijuana. Mom accepts the package and signs for it and places it inside her home. Before long, police barge in through the front door, seize the delivery intended for your bodybuilder husband and place mom under arrest. But, they give her a lifeline. They tell you husband, her wonderful son-in-law, that they will release her, if he confesses to arranging for the delivery and therefore conspiracy to possess the drugs – only he tells the police to kicks rocks and mom spends the weekend in the Westchester County jail – What a nightmare! Springing into action, Mr. Portale successfully argued for mom’s immediate release within hours of being retained by the family. Because the warrantless entry into mom’s Yonkers home was clearly an unlawful Payton violation, all criminal charges were dismissed against our client, your mother.

  • Drugs/Cocaine/Forgery

Several felonies successfully defended simultaneously

This client had really hit bottom. While out on bail for two cocaine possession felonies that Mr. Portale was fighting, he was arrested three more times for felony cocaine possession and forgery. Mr. Portale wrapped all 5 pending felonies up with local jail time.

  • Drugs/Cocaine

Major Cocaine Trafficker charge dismantled

In Westchester County’s first ever “Major Trafficker” Narcotics and drug crimes case (the brand new NYS Penal law charge carries a mandatory minimum 15 years in State prison), our client was accused of being the head of a large cocaine and marijuana distribution organization. Despite wiretap evidence, several sales to an undercover by members of the organization and two traffic stops where kilos of cocaine were recovered, Mr. Portale managed to pull a rabbit out of his hat by submitting a very powerful memorandum of law. He forced the Westchester County District Attorney to abandon the Major Trafficker counts and all A-1 cocaine felonies against the two top guys (Criminal Possession of a Controlled Substance 1st and Criminal Sale of a Controlled Substance 1st).

  • Drugs/Cocaine

Predicate Felon

Predicate Felon and reformed drug dealer charged yet again …only this case was horrible. This was an alleged single sale to a known user inside a vehicle. Quite possibly the weakest case ever. We played our hand out and the client walked away unblemished.

THEFT AND ROBBERY

  • Theft/Robbery/Assault

Armed Robbery accusation debunked

Our client is a respectable Queens’s business man. He and his sons were wrongfully accused of armed robbery by jealous, low-life relatives in Nassau County, desperate to file a false insurance claim. They alleged that our clients broke into their home and viciously beat and robbed them of all their valuables. The story was bogus, but the overzealous DA was somehow buying their ridiculousness and threatened to indict our clients. Mr. Portale lured the opportunists’ inexperienced attorney into family court, cross-examined the fabricators, and ripped the case to shreds. All charges were dismissed. Even the Nassau County Family Court Orders of Protection were tossed.

  • Burglary/Marijuana/Weapons Possession

Burglary Charge is over the top

Our client is an aspiring young Mt. Vernon man, who used had gotten too comfortable hanging out in the basement of one of his friends apartments, smoking weed. Mt. Vernon police killed everyone’s buzz when they crashed the party, seizing weed and a shotgun that were allegedly in plain view in the basement. This young man and a number of his friends were arrested and charged with felony burglary, possession of marijuana and criminal possession of a weapon. Mr. Portale took over the case when it was already in county court and the prior assigned lawyer was pressuring the young man to plead guilty to the felony of burglary in the second degree with a promised sentence of 6 months – shock probation. Mr. Portale refused to buckle and plead his client guilty. The matter was eventually sent back to local court, where the client pled guilty to a misdemeanor with a sentence of a conditional discharge, to satisfy that case and two other new charges.

  • Burglary

Jury Tosses 2-Page Confession

Westchester Criminal Attorney, Richard A. Portale successfully defended a New York City man accused in the burglary of six Westchester homes. Our client had signed a 2-page hand-written confession, but only after enduring hours of questioning and after the police made improper false promises. The judge refused to suppress the confession, but the jury held the police accountable for their misconduct and disregarded the involuntary statement by our client that was made under intense police pressure. The jury acquitted the defendant in two hours. Mr. Portale has defended several cases where clients have given police coerced, involuntary confessions. In a recent Westchester County homicide , Mr. Portale suppressed a six (6) hour long videotaped confession that was proven to be the product of custody and interrogation and involuntarily given. The client in that homicide had asked for her lawyer, but police ignored her requests. She was later acquitted of manslaughter.

  • Theft/Grand Larceny

Expecting Mother Accused of Grand Larceny

Story: An expecting young woman was charged with Grand Larceny. She had made many mistakes in her life, but was ready to finally make a change, not only for herself but, more importantly for the sake of her child. She had a prior felony and when she approached me to help her.

Charged with: Grand Larceny

If convicted: The DA was offering 2-6 years in State Prison.

Result: For 3 years, NY Criminal Attorney, Richard A. Portale battled the powers that be, until finally we achieved a dismissal of all criminal charges.

  • Theft/Grand Larceny/Forgery

Westchester County Grand Larceny and Forgery felonies dismissed

Our client was a Brooklyn man who was on Federal Supervised release. He was arrested in Westchester and charged with several counts of Grand Larceny and Criminal Possession of a Forged Instrument for an incident at a local mall. It took over a year to fight this case. Former Prosecutor Richard A. Portale negotiated, then he fought, then he negotiated some more and ultimately all criminal charges were dismissed against our client.

  • Theft/Robbery/CPW/Grand Larceny

Bronx man set up by known prostitute

A known prostitute and admitted liar and thief lied to police when she claimed the defendant was her pimp and that he robbed one of her “johns” at gunpoint in Mamaroneck. Months later – aided by Mamaroneck Police – she drove down to the Bronx to pick him up and brought him to Mamaroneck where he was surrounded by police. She had stashed a gun under his seat and therefore the Defendant faced consecutive time on armed robbery and weapons charges. The Defendant was acquitted of the Robbery and Gun charge after Jury trial.

  • Theft/Grand Larceny/Burglary

Burglary Ring – Top Count Tossed Out

Our Westchester Criminal Attorneys successfully defended an individual alleged to have been the ringleader of a group of jewelry thieves that were said to have specialized in hitting high end jewelry stores and Rolex watches. Prosecutors accused the group of burglarizing jewelry stores up and down the East Coast. The top count in the Indictment was dismissed on the motion of Westchester criminal defense attorney Richard A. Portale.

  • Theft/Larceny/Robbery

Teens Accused of Robbery

Local teen accused of robbery despite nothing more than mere presence.
 A White Plains teen was wrongfully arrested and charged with Robbery on two separate occasions based upon the mere fact that he was present when his friends were up to no good. Westchester Criminal Attorney Richard A. Portale refused to relent to this unjust prosecution and ultimately after over a year, the boy plead to one count of disorderly conduct and didn’t even pay a fine. He is now a college student.

ASSAULT

  • Assault/Drugs/Cocaine

Yonkers Stabbing

Our client, a Yonkers father was in a bad place. He was drinking and using coke pretty regularly. He had gone down to pick up in a bad part of town, when his drug dealer set him up. The dealer tried to rob him and take his money, striking him several times about the head – but dad fought back – stabbing the dealer with a knife he had found on a nearby picnic table. Our client didn’t spend one minute in jail.

  • Assault/Reckless Endangerment/Resisting Arrest

Trumped Up Assault/Reckless Endangerment Charges

New Rochelle Police try to pin Assault/Reckless Endangerment Charges on Innocent Man. 
A well-known New Rochelle man faced trumped up charges of Reckless Endangerment in First Degree, DWI and Assault on Police Officer after a high speed car chase. The New Rochelle Officer testified, among other things, that our client drove through Memorial Circle in New Rochelle in a Ford Expedition traveling at 40 mph. Westchester County Criminal Attorney Richard A. Portale and an independent investigator, Michael Lyons (Now You See It – Investigations) used areal photographs to establish that the area was actually heavily wooded and therefore this claim was not even remotely credible. The Jury saw through the façade and the man was acquitted of all felonies.

  • Assault/Attempted Murder/Weapons Possession

Mahopac Teen Wanted for Attempted Murder

The Putnam County District Attorney’s Office – under the former Administration – refused to consider this young man’s justification plea and he was forced to stand trial and therefore faced 25 years in state prison. Our client was charged with attempted murder in a gun/knife fight. He had used and imitation starter pistol to scare off 2 grown men following a road rage incident. The 2 men attacked, 1 man held him while the other beat him with the client’s own gun – causing a gash on his head requiring 14 staples to close. Fearing for his life, the client pulled out a knife and stabbed 1 man who nearly died. The client was acquitted of all felonies by a jury of his peers.

  • Assault/Criminal Possession of Weapon

Felony Assault Charges Dismissed in Mount Pleasant Street Brawl

This donnybrook got very hot very fast, and an off-duty NYPD Officer and another man suffered injuries. Our client was charged with two (2) counts of Felony Assault.
Westchester Criminal Attorney, Richard A. Portale somehow managed to quell the hysteria, and all criminal charges were dismissed.

  • Assault/Criminal Possession of Weapon

United States Marine Charged with Assault: All Charges Dismissed

Westchester Criminal Attorney, Richard A. Portale was taking a verdict in a Driving While Intoxicated trial (that resulted in an acquittal), when he noticed a United States Marine in full fatigues sitting in the Courtroom. Mr. Portale engaged the veteran to try to figure out why he was facing an imminent trial for Assault. It was revealed that the Veteran was charged with Assault for a bar fight that he won, where the whole incident was caught on camera.

After learning that this hero had served three (3) combat tours in Afghanistan, Mr. Portale took over as attorney and within two (2) weeks, all criminal charges were dismissed.

  • Assault/Reckless Driving/Leaving the Scene

Auto Accident

She was a 64 year-old retired teacher and she suffered from kidney failure. She was driving home from dialysis to see her husband, a retired New York City Fireman. She got into an auto accident and she hurt someone. Police and the DA over-reacted and our client was arrested and charged with a crime. Westchester Criminal defense attorney Richard A. Portale brought common sense to the forefront and obtained a dismissal of all charges against our client.

  • Assault/Criminal Trespass/Harassment

Confrontation with Police Chief

A concerned Westchester professional confronted a local police chief about the lack of concern and action after hurricane Sandy. The Chief physically initiated chest-to-chest contact, knocking our client to the ground. Our client was then arrested and charged with a crime! After months of hard-nosed negotiations, all criminal charges were dismissed!

  • Assault/Attempted Murder/CPW

Mount Vernon Dad Shoots Assailant

MOUNT VERNON DAD SHOOTS ASSAILANT IN THE LEG – This well-known dude was simply picking up his dinner, when he was jumped and assaulted with a baseball bat. This was not a wise move, as our client quickly wrested the bat away from his attackers and started swinging. One of the thugs then pulled out a gun and that too turned out to be ill-advised. Our client got the gun, shot his attacker in the leg and ran leaving the gun behind. Although our client was painted as the villain because of a prior conviction for attempted murder, all criminal charges, included assault in the first degree and criminal possession of a weapon were dismissed within a few short months.

  • Assault/Reckless Endangerment/Reckless Driving/Resisting Arrest

Police High Speed Car Chase Defense

After allegedly attacking two men outside a local bar with a 6-inch knife; this man led Police on a car chase at speeds of over 100 mph through 3 jurisdictions – after being cornered by Police vehicles, he rammed his way out using his Lincoln Mark VI to smash cruisers and create a lane of escape. He was eventually apprehended. Our Westchester Criminal Attorney Richard A. Portale was able to negotiate release of the vehicle, a plea to a misdemeanor with local jail time and no restitution.

DOMESTIC VIOLENCE/SEX CRIMES

  • Sex Crimes/Rape

Client Accused of Rape on the West Coast

A longtime client of ours was on the west coast for business and had no choice but to blow up the cell phone of Westchester Criminal Attorney Richard A. Portale in the middle of the night. The client shared that he was wanted for questioning by police – he was being accused of raping a young woman he met in the hotel bar after a night of heavy drinking. From across the country, Mr. Portale immediately interceded between the client and the sex crimes detectives, who can sometimes be very jaded and overly aggressive. Mr. Portale used his vast network to locate an investigator that was sympathetic to our client’s cause. Within weeks, Mr. Portale was able to persuade the Detectives that the accuser was not credible and our client was cleared of all charges. It cannot be overlooked that these detectives took their jobs very seriously and took the time to thoroughly examine all the evidence, rather making a knee jerk arrest –a real throwback to the days of common sense and patience in the investigation stages of alleged sex crimes allegations.

  • Sex Crimes/Rape

Teen Falsely Accused of Forcible Rape

Putnam County teen FALSELY accused of forcible Rape, successfully defended by NY criminal attorney, Richard Portale. This promising young man lived with mom and was a conscientious student. But the two of them were still struggling with the death of their father/husband who had passed just a year earlier. The false allegation and investigation of forcible Rape could not have come at a worse time for the family. Westchester Sex Crimes Attorney Richard A. Portale got involved with this tragic case at an early stage and not only convinced the Putnam County Sheriff’s Office that this evil young lady was lying, but worked tirelessly to have her arrested on charges of Offering a False Instrument for Filing and Perjury. Adam levy, a breath of fresh air as newly elected Putnam County District Attorney, required the troubled girl to pay back the family for the money they spent on Attorney’s and Investigator’s fees.

  • Sex Crimes/Sex Abuse

Molestation Charges Dismissed

Westchester Taxi Driver FALSELY Accused of Molesting Girl in Back of Cab.
 A White Plains taxi driver was the victim of false allegations that he raped a New Rochelle woman in a church parking lot – when the woman couldn’t pay her fare. The man was accused of getting into backseat, locking all doors and attacking the woman. The man lost his job and his wife as a result but Our Westchester criminal Attorneys argued that the statement didn’t hold water because all the car’s doors couldn’t be locked from the backseat. All charges were dismissed and the man is back on his feet, back to work and remarried.

  • Sex Crimes/Rape/Drug Possession

Girl Lies About Threesome, Cries Rape

A New York City working man and his fiancé were accompanied home by a third female – this dream turned into a nightmare when young woman later accused the client of forcible rape. New York Sex Crimes Attorney Richard A. Portales’ working knowledge of forensic DNA testing and procedures allowed the victim of this spurious allegation to maintain his innocence and preserve his integrity and reputation. All charges dismissed. Unfortunately our client’s heartless accuser was never prosecuted for lying about the incident and nearly ruining our client’s life with her wanton disregard for the truth.

  • Sex Crimes/Rape

Rape Charge

A young man was charged with rape in the stairwell of the mall. The evidence included our client’s DNA recovered from a cigarette butt found inside the stairwell. From the moment Westchester Criminal Lawyer Richard A. Portale took over the case, the client did not spend another day in jail.

HOMICIDE/MURDER

  • Murder/Manslaughter/Assault/EWC

Mom Acquitted of Killing Her Baby

Young mother wrongfully accused of Killing her baby, Westchester Criminal Attorney Richard Portale sets her FREE. A 1-year old little girl was pronounced dead upon arrival to the hospital and over a year later – mom continued to sit in an orange jumpsuit in an 8 by 8 foot jail cell. After being approached by her family, Criminal defense lawyer, Richard A. Portale, ESQ. decided to take up her cause and fight for her. It was an intense, no holds barred, month-long trial in Judge Zambelli’s courtroom – which passersby sometimes described as a battlefield.
Mortar fire rained down upon the 2nd floor of the courthouse day after day, witness after witness as Mr. Portale slowly and methodically dismantled a very strong government case – which included an eyewitness, physical evidence – including DNA and a 6-hour videotaped confession that Mr. Portale suppressed. When the dust settled, the jury was in tears and this 21 year old was acquitted of manslaughter and set free.

WEAPONS POSSESSION

  • CPW/Violation of Parole

Possession of an illegal weapon dropped

A young man that police knew was on felony probation was found to be in possession of legal knife. He was inappropriately arrested, jailed and his probation violated. Westchester Criminal Attorney Richard A. Portale not only had the improper charges dismissed – but the young man’s Probation was restored and his knife returned to him.

  • CPW/Menacing

Teenage Actor Cornered by thugs – Acts in Self-Defense

College student cornered on MTA. A young Hawaiian actor in the United States to attend a local college was surrounded and threatened with violence by several larger men, one of which put the young man in a choke hold. The Defendant pulled out a knife to defend himself and ward off his attackers. He was then wrongfully charged with Possession of a Weapon and Menacing. All charges dismissed.

OTHER CRIMES

  • Resisting Arrest/Obstructing Governmental Administration

College Student Falsely Arrested

College student in Brooklyn New York, was falsely arrested. This bright young student who was wrongfully stopped and frisked and charged with resisting arrest and obstructing governmental administration in his very own neighborhood for allegedly riding his bike while not in the bike lane. All charges were dismissed.

  • Arson/Theft/Grand larceny

Arson Charge

This young man was accused of blowing up a car that was parked in an attached garage: ata time when there were innocent people in the house. When police arrested him he was allegedly driving a stolen car. From the day we took over the client did not spend another day in jail.

  • Criminal Nuisance/EWC

Westchester Mom Studying for Ph.D. Arrested and Charged with a Crime for Her Daughter’s House Party

Her daughter had a house party and the police were called. They refused to listen to reason and arrested this single mother of two, charging her with the crime of Criminal Nuisance in the Second Degree.

Westchester Criminal Attorney, Richard A. Portale refused to take “no” for an answer, even submitting a Pre-Plea memo to the Court and the District Attorney.

Ultimately, after reading Mr. Portale’s moving papers, the District Attorney dismissed all criminal charges.