Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What would be the first step on deciding whether or not a trial is in the best interest of the client’s case?

Michael Kramer: The first step would be evaluating the case. Not every case lends itself to a trial. A client has to make a decision along with his attorney whether there is a defense worthy of putting before a judge or a jury that can get a positive result.

It does not pay to go to trial just for the sake of going to trial, and just going through the motions of a trial if you don’t have a reasonable chance of succeeding. That’s the first step to evaluate the facts of the case see whether it lends itself to a trial.

What Is the Most Favorable Resolution of This Case? It Is Impossible to Predict a Trial Outcome in Advance but the Strong Defense Is Likely to Generate More Positive Results

Interviewer: What sort of cases would one want to go to trial with?

Michael Kramer: Any case where the facts warrant a decision to go to trial. That means that usually a trial is a last resort because it is a roll of the dice. You never know 100% what a judge or a jury is going to decide, although you like to think that the stronger the defense the more positive results will be generated—but there are no guarantees.

You have to make a decision whether to go to trial based upon the results you expect to achieve. Any case can lend itself to the decision to go to trial. Anything from a murder case through a misdemeanor through a traffic case, it may pay to contest a case if it cannot be worked out any other way.

What Are Alternatives to Going to Trial?

Interviewer: What are some of the alternatives to going to trial?

Accepting a Plea Bargain or Going to Trial?

Michael Kramer: There are only two choices, either go to trial or to plea bargain. Obviously, if a case is dismissible, if there is a legal defect in the case then either one of those alternatives wouldn’t apply. But, that involves litigating the case on motions and legal challenges and so forth which rarely, at least in Westchester County results in a total dismissal of the case. So, you’ll be back to those two choices, either trial or plea bargain.

Pretrial Diversion Programs

Interviewer: Are there any pretrial diversion programs?

Michael Kramer: Well, those are in lieu of trial, and that more or less fits under the plea bargain category. You’re looking at a disposition, a conclusion to the case that doesn’t involve a trial, but involves some sort of resolution without a trial. This includes either treatment programs or reduced charges. It’s considered a plea bargain, and there are certain programs available in Westchester.

Interviewer: Is community service considered an alternate to trial?

Michael Kramer: Community service is usually a condition of a sentence after conviction. That is you work out a plea bargain, you plead to something, and the sentence would involve some sort of community service. Rarely is community service imposed prior to conviction, because there would be no real reason for a judge to impose it then. He has no authority to impose it as the case is still pending there is no disposition.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161