Notable Case of the Year
Every year the law office manager selects a case that illustrates an aspect of criminal practice that is both positive and educational. This year the case chosen involves the pursuit of the truth through due diligence and achieving Justice where less relentless efforts had failed:
Oftentimes legal advocacy requires litigation and trial, but trial has a downside — high cost and substantial risk. A conviction after trial, whether justice is served or not, almost inevitably results in a severe sentence. Should there be a conviction, the sentencing Judge has seen the most damning evidence that can be presented, juxtaposed with a defendant who has failed to show remorse or accept responsibility.
Although The Law Offices of Robert Schuster tries several cases to verdict each year, the Firm recognizes that great advocacy involves obtaining the best possible result while minimizing client risk. In early 2017 Attorney Schuster was retained to substitute for prior counsel who had represented the client since late 2015 on a very serious post-indictment case in Westchester County. The client was imminently facing trial that could have put him in state prison for 25 years on the top count alone. Four (4) months later, in July 2017, all charges against the client were dismissed.
After filing all the required and supplemental motions, Attorney Schuster conducted a relentless and thorough investigation that had not been previously done by prior counsel. Attorney Schuster obtained employment records, telephone records, and conducted interviews of eyewitnesses to pre-arrest events. Attorney Schuster systematically collected convincing evidence in the form of business records and sworn affidavits that undermined the allegations of “witnesses” to a crime that did not happen. Knowing the players on the other side of the trial table, he determined that the best way to obtain the result the client needed without exposing him to risk was to share this evidence with the District Attorney’s Office, compelling them to investigate it and provide reciprocal exonerating Brady material prior to trial. To her credit, the lead prosecutor also interviewed the witnesses and agreed with Attorney Schuster, that the complaining witness in the Felony cases had lied under oath regarding tertiary evidence and was therefore not credible. This resulted in all criminal charges against Mr. Schuster’s client (and his co-defendant) being dismissed prior to even empaneling a jury. It is also anticipated that the false witness will ultimately be prosecuted for perjury. Justice was finally served and freedom for the client secured.
Charges: Robbery in the First Degree, Class “B” Violent Felony
Attempted Robbery in the 2nd Degree, Class “D” Violent Felony - 3 Counts
Result: Indictment fully dismissed. Sealing order. Return of seized property.
While no outcome can be guaranteed in any situation, this case serves as an example of the approach Attorney Schuster takes in doggedly pursing the best possible result for his clients. Over the course of his career in representing thousands of clients, Mr. Schuster has acquired a deep and subtle understanding of the workings of the criminal justice system, and in every case he performs a thorough review of all the available options to help his client find the best possible path through that system to an optimal result. To discuss your own case, please contact our office now by calling 914-241-0004 or filling out a case evaluation form.