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Criminal Cases: Q&A

Good Advice In Bad Times

If you hire the right attorney, it’s certainly worth it. You have to go to an attorney’s website and you have to set up an interview. During the interview, you have to ask a lot of questions and get a feel for that attorney, and you should ask around. An attorney’s reputation is important, but it is important to make sure the attorney has a strong reputation in the very field of criminal law in which you need help. Criminal law has become so complicated, you need an attorney who specializes in criminal law, not one who does real estate and an occasional criminal case on the side.

It’s obvious that hiring your own attorney is best; public defenders are chosen for you, you can’t choose one based on their reputation or experience Also, their caseloads are so heavy, there is no way they will be able to invest the time necessary to bring your case to a successful conclusion.

That’s not to say that’s 100% true; some cases are pretty well set in stone and will resolve themselves in a certain way no matter who is handling them, although such a case is very rare.

It’s a misconception to think Miranda rights are required when someone is arrested; police only have to Mirandize someone if they plan to question someone with the intent of eliciting responses that could potentially be used against them later on at trial. The only time a lack of Miranda would get a case dismissed would be if the case was based solely on admissions made after that person was in custody, and that is very rare.

If the entire case was based on a confession, and you can prove that you were not read your rights before the questioning in which you confessed, it is likely that confession would be thrown out, which could lead to the case being dismissed. But again, that’s rare. Proving that you were not read your rights might also be very difficult unless the police officer admitted the error.

Miranda isn’t as important as it once was, so it’s very difficult to get a case dismissed. It’s very difficult to prove, and many judges see Miranda as the most technical of defects, which means it will depend on how he sees the rest of your case as to whether or not he will dismiss your case over it.

First of all, a warrant is not required during most searches; it is only required for certain searches. That said; if a search is conducted in which a warrant was necessary and not obtained, a good judge and a good criminal defense attorney will make sure you’re not railroaded. The most important thing is to get a good criminal defense attorney immediately, who can put forth the proper motions necessary to make sure the case doesn’t proceed if a warrant was required and one was not obtained.

You have the right to remain silent, so I would suggest that you always exercise that right; almost no one does themselves a service by speaking up and not exercising their right to remain silent. In most cases, everything you say works to your disadvantage and you regret what you say later on, especially if you’re the subject of the investigation.

The police must advise you whether you’re the subject of an investigation, so it pays to ask. If an officer is just looking for general information about whether a crime has been committed, it may be worth it to cooperate, but if the information they ask for is specific, especially if they’re narrowing things down to you, it always pays to speak to an attorney first, and to inform the officer of that desire.

The best option, of course, is to not be convicted in the first place, which means hiring an attorney who specializes in criminal law. However, if you are convicted, there are other options available at the judge’s discretion. Your criminal law attorney can present those alternatives to the judge, which can be of great benefit to you, with regard to keeping you out of jail, or limiting the amount of jail time.

You should absolutely fight in those cases when you are truly not guilty, and you should also fight hard if you are guilty, but you believe you can’t be proven guilty, although that can be a bit of a roll of the dice. It’s just a tougher row to hoe when there is some criminal culpability.

A judge and a jury may sense there is some criminal culpability, but it may be worthwhile to test the system, although if you do so and lose, there is a good chance the judge will come down hard on you when it comes time for sentencing. On the other hand, if you have a true defense, or if you’re truly not guilty and have a totally reasonable defense and you happen to lose, the judge is likely to be more understanding, which could result in a less harsh sentence.

There are very few mistakes that everyone makes. A lot of people make mistakes, but most make different mistakes; if I had to rank the worst ones, near the top of the list would have to be speaking to a police officer and making statements that can be used against them later. Right behind that, however, would have to be being rude to or resisting a police officer. Of course, at the top of any such list of mistakes would have to be getting caught in the first place.

The biggest difference between them has to be the amount of time each one can spend working on your case, although there is also often a significant difference between them in terms of experience. Besides being less experienced in most cases than a good private defense lawyer, public defenders also have humongous caseloads, to the point that they’re often negotiating with prosecutors about 10-15 cases at a time, which means they have very little time to concentrate on your case, which means they are less likely to get a good result in your case.

It’s common sense; a retained criminal defense attorney only has your case and a few others to deal with at any one time, which means he will be able to spend a lot more time with you, a lot more time investigating the details of your case to look for possible defenses, and a lot more time negotiating with prosecutors to try and reduce the charges. That’s all good for you.

That will depend on whether you’ve retained that attorney; if not, you should explain the charges and your defense and ask that attorney how they would handle your case; how they would approach it and what steps they would take and what arguments they would make on your behalf.

If you’ve already retained your criminal attorney and it’s your first meeting with him, your job is to answer every single question that your attorney asks you as honestly as possible, and to tell that attorney everything they need to know. It never pays to hold back information, because much of what you may think is irrelevant may become relevant later on. Tell them everything, and let the attorney decide what will help and what won’t.

When you or somebody you know is charged with a crime in White Plains, Yonkers, Bedford, Harrison, New Rochelle, Mt. Vernon, Greenburgh, Mamaroneck or anywhere in Westchester County, it is essential that you have the best representation possible. It is not enough to have an experienced attorney who knows the law; you also need an attorney who knows the police, the prosecutors and all those involved. You need a skilled lawyer who knows his way around the local court system. For over 3 decades I have made it my business to know the people and polices that can affect your case.

• Drugs
• Shoplifting
• Weapons
• Assault
• Burglary
• Larceny

• Stolen Property
• Fraud
• Forgery
• Criminal Mischief
• Resisting Arrest
• Trespass
• Harassment
• Disorderly Conduct
• Probation Violations
• Aggravated Unlicensed Operation
• Vehicular Assault
• Check & Credit Card Fraud
• Criminal Contempt

If you have been arrested or contacted by law enforcement authorities, contact my office to set up a FREE initial consultation before you make any statements to the police. I have over 30 years experience representing clients throughout White Plains, Yonkers, Westchester, Bronx and Putnam Counties, as well as the entire New York Metropolitan Area. My goal is to navigate through the criminal justice system to achieve a favorable outcome.

Not necessarily but highly advisable. There is no substitute for a face-to-face meeting. No doubt you want to get a “feel” for the attorney who may be representing you as I want to get a “feel” for my future client. At an office meeting we will go over the details of your case as well as all other background information necessary to put your “best foot forward.”

You are not dealing with an impersonal law firm with a number of different associates. I am a sole practitioner who specializes in criminal matters. I will personally work on each and every step of your case and I am always available to discuss the specifics of your case. When you hire me, you get me.

Legal fees are determined by the complexity of the case. I cannot give you a specific dollar amount until we sit down and go over the details of your case. I can, however, guarantee that my fees are extremely reasonable and that our initial consultation is FREE.

NY Criminal Defense Attorney Michael Kramer
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