Criminal Defense – Our Process

Initial Meeting:
Every case and every client is unique. Understanding who the client is--background, family, and goals--will inform our strategy on how to defend you. We take as much time as needed to get to know you, your family, and your situation.

Investigation:
Being able to quickly gather evidence that supports a client’s defense can be the deciding factor in whether a case is won or lost. This includes obtaining phone records, video and audio footage, interviewing witnesses and obtaining recorded or written statements. At Kratka Law Group, we work with an array of investigators, many of whom are retired law enforcement agents that work with us to aggressively investigate and obtain evidence on behalf of our client.

Surrender and Arraignment:
When you are about to be arrested, we are there with you from the moment of surrender until you are taken to appear before a judge for your arraignment. We never take our eye off the goal of securing your rights and ensuring that this process goes speedily and successfully. If we anticipate that bail is going to be set, we work to ensure that we are prepared to post the bail before we surrender you, ensuring your immediate release.

Reviewing the Prosecution’s Evidence:
Under the law, the prosecution is obligated to provide the defense with all the evidence that they have obtained against someone accused of a crime; this includes police reports, physical and forensic evidence, and witness information. If we see that anything is missing, we demand its disclosure, sometimes petitioning the court to compel the prosecution to turn over all of the evidence. That evidence is carefully reviewed with an eye toward crafting a defense or presenting a view of the case that is different from what the prosecution has initially portrayed. We routinely consult with an array of experts, such as those who have expertise in DNA, handwriting, voice, crime scene re-creation, alcohol breath testing, and ballistics, so as to contradict the prosecution’s evidence or to help prove our defense. We review our findings with the client and present possible defenses and avenues of mitigation based upon our analysis of all of the evidence.

Making Motions to Dismiss or Preclude Evidence:
When law enforcement agents or the prosecution violate the law in obtaining evidence against a client or violate the client’s constitutional rights in any way, we move to have that evidence precluded from the case, and, in some instances, we move for dismissal of the case.

Meeting with the Prosecution:
When we believe that we can present a case to the prosecution that either exonerates a client or significantly mitigates the client’s conduct or culpability, we set up a face-to-face meeting with a prosecutor. Our team is staffed with lawyers that are former prosecutors, so we know how prosecutors think and act, providing a significant tactical advantage. At this meeting, we may decide to present some of our own evidence or show why the prosecution’s evidence will not stand up in court. Many times, these meetings result in dismissal of charges, reduction of charges to lower-level offenses or violations, and settlements that result in either no jail time or no criminal record.

Plea Bargaining through Rehabilitative Programs:
One of the ways that we obtain excellent case outcomes is by showing that our clients are remorseful for their conduct and that the conduct will not re-occur in the future. The best way to show this is by having our clients, early on in the case, enter and successfully complete programs that addresses their conduct and needs. At Kratka Law Group, we work with an array of rehabilitative programs, such as anger management, domestic violence, alcohol abuse, sexual deviancy, and controlled substances. We work alongside mental health experts: psychologists, psychiatrists, and social workers, to address the underlying cause of an offense and to create for our clients a structured and intensive program that addresses the deviancy. We obtain letters from programs and clinicians that we can then present to the prosecutor and the court showing that our clients are contrite for what they have done, are working hard to address the cause that led to their offense and have completed a certified and intensive rehabilitation program that provides strong support as to why they will not reoffend in the future. Such a showing leads to fantastic client outcomes.

Trial:
When a settlement agreement is not possible or we believe that the best outcome will be obtained by having a trial, there is no better law firm to try your case. Our team are proven fighters who have successfully tried cases for over 20 years. We have the trial skills to try every type of criminal case.

At every step of the process, you will have an experienced, criminal defense attorney by your side, fighting for you each step of the way. This is how we ensure extraordinary results for our clients!

If you have been arrested and are in need of an experienced criminal defense attorney, call Kratka Law Group now at 212-804-9054! We are here and ready to help.