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LONG BEACH,
NASSAU COUNTY

DWI CHARGES DISMISSED

Client R.R. was a young law student who made a potential life altering mistake by driving home from a party at a friend’s house. The law student was found to have a blood alcohol content of a .13 in addition to having an open bottle of alcohol in the car and marijuana. Due to the numerous factors negative factors involved in the case, the Nassau County District Attorney’s office refused to offer the client a reduced plea deal. Therefore, NY DWI attorney Richard Hochhauser moved the court to conduct a suppression hearing. At the hearing, the police officer testified that he pulled the vehicle over for speeding, and estimated that the vehicle was going 50 miles per hour. During cross examination, Attorney Hochhauser got the officer to admit that he was never trained in estimating speeds while his own vehicle was also in motion, as was the case here. Thus, based on Attorney Hochhauser’s arguments, the Court found that the Officer was not credible in estimating the Defendant’s speed, and thus the Officer had no basis to pull her over. As such, all of the evidenced in the case was suppressed as “fruit of the poisonous tree” and the entire case was dismissed. As a law student, Client R.R. is now able to start her career with a clean record.

FELONY SALE OF MARIJUANA

ADJOURNED IN
CONTEMPLATION OF
DISMISSAL

Nassau County Criminal Lawyer Richard Hochhauser represented client charged with felony possession of marijuana with intent to sell. Mr. Hochhauser was successful in reducing the charge to a misdemeanor marijuana office, after which the client was eligible for a 170.56 marijuana ACOD.

NASSAU COUNTY AGGRAVATED DWI CHARGES

DISMISSED

Client R.H. had absolutely no criminal record and wanted it to stay that way. R.H. was charged with aggravated DWI as he blew a .18% blood alcohol content after being pulled over by the Nassau County Police Department. At the pre-trial suppression hearing, top New York DWI Lawyer Richard Hochhauser established that the Nassau County Police Department illegally pulled over R.H. even though he never violated the Vehicle and Traffic Law. While the police alleged that the defendant had failed to signal and changed lanes unsafely, Mr. Hochhauser was able to show the court that the government failed to meet its burden, and the officer testimony did not support a finding that the defendant violated the law. Without a valid basis to pull the defendant over, Long Island DWI Lawyer Richard Hochhauser was able to get all evidence suppressed, and a full dismissal of the charges.

NASSAU COUNTY DWI
CHECKPOINT CASE

DISMISSED

Nassau County Criminal Lawyer Richard Hochhauser represented client P.L. charged with DWI in Nassau County. Due to a prior conviction, client P.L was facing jail time if he was convicted for his second DWI. Top Long Island DWI Lawyer Richard Hochhauser was able to obtain a full dismissal of the charges when he proved to the Nassau County District Court that client P.L. was illegally pulled over during an unconstitutional DWI checkpoint by the New York State Police, and thus all evidence was suppressed, forcing the Nassau County District Attorney to dismiss the charges.

STALKING AND
HARASSMENT CHARGES

DISMISSED

Nassau County Criminal Lawyer Richard Hochhauser represented client M.L. In this case, M.L. was charged with stalking a police officer. Attorney Hochhauser argued that the allegations in this case, that Defendant was “following” the officer in a public post office, failed to establish the course of conduct necessary for a stalking allegation. All of the related charges were dismissed along with the stalking charge. Motion practice is a commonly overlooked mechanism to get a dismissal in a criminal case. It is imperative to hold the government to its legal burden on all charges.

NASSAU COUNTY
DWI CASE

DISMISSED

Nassau County Criminal and DWI Lawyer Richard Hochhauser represented accountant client E.S. In this case, E.S. was being charged with a DWI even though he only recorded a BAC of .07. DWI Lawyer Richard Hochhauser conducted a hearing before the Honorable Judge Andrew Engel at 99 Main Street, Nassau County District Court, where he cross examined the officer vigorously, showing the court the obvious inconsistencies in the officer’s testimony, and the proposed evidence. Mr. Hochhauser utilized his background in DWI prosecution to plainly show the court the fallacies in the government’s case. After the hearing, the Nassau County District Attorney’s Office had no choice but to completely dismiss the DWI charge.

DRIVING WITH
SUSPENDED LICENSE
CASE

DISMISSED

Nassau County Criminal Defense Lawyer Richard Hochhauser succeeded on his motion to dismiss all of the vehicle and traffic law counts charged, including a misdemeanor charge of driving with a suspended license, for his client E.C. Mr. Hochhauser argued that the Nassau County District Attorney failed to properly serve a sufficient supporting deposition to the Defendant. Judge Helen Voutsinas issued the decision at Nassau County District Court located at 99 Main Street, Hempstead, Nassau County.

ASSAULT AND
HARASSMENT CASE

DISMISSED

Nassau County Criminal Defense Lawyer Richard Hochhauser successfully got his client, M.M.’s assault case dismissed. The Nassau County District Attorney’s Office repeatedly claimed that they had enough evidence to go forwards to trial. Still, Mr. Hochhauser aggressively pushed the government to its burden, demanding that they announce ready for trial. Ultimately, the District Attorney’s office was not able to announce ready for trial within the allotted timeframe, and Mr. Hochhauser was granted a motion to dismiss the case before the Honorable Judge Girardi at the Nassau County District Court located at 99 Main Street, Hempstead, Nassau County.

TWENTY YEAR OLD FELONY CONVICTION

SEALED

Nassau County Criminal Defense Lawyer Richard Hochhauser successfully sealed his client, P.P.’s twenty year old felony conviction for forging medicare documents, by filing a 160.59 motion. Mr. Hochhauser utilized the new sealing statutes available in New York. PP is now able to apply for jobs, mortgages, or loans without disclosing, or having his prior conviction, being used against him in any way.

DRIVING WITH
SUSPENDED LICENSE CASE

DISMISSED

Nassau County Criminal Defense Lawyer Richard Hochhauser succeeded in his motion to dismiss the entire case charged against client D.L., including a misdemeanor charge of driving with a suspended license. Mr. Hochhauser argued that the Nassau County District Attorney failed to properly serve a sufficient supporting deposition to the defendant. Judge Goodsell issued the decision at Nassau County District Court located at 99 Main Street, Hempstead, Nassau County.

UNAUTHORIZED USE OF A STOLEN VEHICLE

ADJOURNMENT IN CONTEMPLATION OF DISMISSAL

Nassau County Criminal Defense Lawyer Richard Hochhauser was successful in obtaining for his client, L.W. an adjournment in contemplation of dismissal in case a where she was charged with a misdemeanor for driving in a stolen vehicle. Mr. Hochhauser was able to prove that his client had no knowledge that the vehicle was stolen and was merely in the wrong place at the wrong time. By putting pressure on the Nassau County District Attorney and pushing the case towards litigation, Mr. Hochhauser was able to obtain this favorable result for the client.

FELONY POSSESSION OF A FORGED INSTRUMENT

DISMISSED

Nassau County Criminal Attorney Richard Hochhauser successfully convinced the Nassau County District Attorney’s Office to dismiss a felony charge against his client B.W. B.W. was charged with felony possession of a forged instrument for having multiple fake IDs in his wallet. Mr. Hochhauser proved to the DA that an essential element to a possession of a forged instrument case in New York is the intent to defraud. Here, the Nassau County Police Department searched the defendant’s wallet without justification, and found the fake IDs. There was nothing inherent in the Defendant’s actions that displayed any intent to defraud. Nassau County Criminal Attorney Richard Hochhauser has obtained countless additional dismissals based on diligent legal research and applying the law to his clients’ favor.

RECKLESS DRIVING, RESISTING ARREST & FLEEING FROM POLICE CHARGES

DISMISSED

Nassau County Criminal Attorney Richard Hochhauser successfully got his client, P.E.’s serious charges dismissed. The District Attorney was recommending up to six months in jail on this case. However, P.E. has immigration consequences attached to his case and could not take any plea. Mr. Hochhauser aggressively pushed his client’s case towards litigation and repeatedly answered ready for hearings. Mr. Hochhauser ultimately drafted a 30.30 speedy trial motion, which was granted by the court, dismissing all of the criminal charges against P.E. While Mr. Hochhauser did not begin as P.E.’s lawyer, P.E. saw Mr. Hochhauser in court and asked if Mr. Hochhauser can take over this case. Within two months of taking over the case, Mr. Hochhauser was able to get his client’s case dismissed.