Criminal Defense

The Krut Law Firm handles all felony and misdemeanor cases. We take great pride in preserving clients’ rights and protecting them from injustice. Pavel Krut is a defense attorney who combines his knowledge of the substantive law with his procedural skills. Criminal convictions carry severe consequences, so hiring an attorney who will fight for you may result in a favorable outcome. Whether the subject matter requires an appearance before the court or something as complex as appellate work, the Krut Law firm will defend and secure your rights!

There is no easy way out of being charged with a crime, and time is of the essence when it comes to taking defensive action. The defendant attorney’s job is to investigate the charges, analyze the evidence, and negotiate on behalf of the client. One of the most important steps in defending against criminal charges is to defer prosecution and to utilize newly enacted laws in the client’s favor. In January 2020, New York went through major subpoena reform, which is embedded in CPL § 610.20. The legislation lowered the standard required to sustain a subpoena upon a witness to: “The showing required. . . is that the evidence or testimony sought is reasonably likely to be relevant and material to the proceedings, and the subpoena is not overbroad or unreasonably burdensome.”

Retaining an attorney at an early stage of proceedings can make the difference between getting the case dismissed or suffering conviction/punishment that could have been avoided. Accordingly, it is important to strategically counter the prosecution’s version of facts to avoid wrongful conviction. Although prosecutors have a duty to release mitigating evidence, sometimes they simply fail to do so, and it is the attorney’s job to enhance the client’s access to the evidence. Defending clients’ rights comes with numerous responsibilities, which if done properly, will result in dismissal/expungement.

Every case is unique, and a client should be confident that their attorney will timely commence motion practice, depositions, third-party investigations, plea-bargaining, trial, and appeals. The prosecution must prove each and every element of the crime charged beyond a reasonable doubt. Concomitantly, it is crucial for the defense attorney to spot the weaknesses in the prosecution’s case and bring the show to a halt. The truth is that our criminal justice system makes it realistically possible to get a case dismissed. No one wants a 12-person jury deciding their fate, so the attorney fights for you to terminate the prosecutor’s mission to put you behind bars.

DEFENDING DWI CASES

When dealing with DWI cases, your attorney must create issues surrounding an officer’s methods and protocols to collect evidence against you. Beginning May 9, 2022, automatic discovery no longer applies to simplified traffic information concerning a traffic infraction charge. The best way to obtain the data is by filing a motion for disclosure, which will produce information needed to create issues and raise doubt about the veracity of tests that an officer administers and state-issued toxicology reports..

Once the people disclose the reports, there is much with which to work. The prosecution must establish a solid foundation to admit an alcohol breath test into evidence and prove the reliability of the test in question. The attorney’s job is to illuminate the discrepancies associated with the device officers use to measure a motorist’s BAC (Blood alcohol content). A breathalyzer is an indirect test because it uses electricity and chemicals to convert gas(breath) into a number, which supposedly represents one’s blood alcohol content. There are numerous issues with this test because it is only a test of convenience that is less accurate than a blood test, so often, the judge will suppress the test as an invalid form of evidence. Pursuant to 10 NYCRR 59.5, a margin of error exists along with a strict protocol regarding the percentage value and how the government must report specific data.

Furthermore, the system provides officers with training manuals, the contents of which they are expected to follow strictly. Suppose an officer deviates from the proper method of administering the test. In that case, an attorney can point out the flaws in the officer’s evaluation and application of his or her investigation, thereby weakening the prosecution’s argument. For example, an officer must properly calibrate the instrument and confirm that the suspect’s mouth is free and clear of any dental appliances, food, piercings, etc. If the officer fails to take any necessary steps before conveniently letting you blow into a tube, the odds are in your favor. Moreover, an attorney should always point out the possibility of environmental factors interfering with the procedure and science on which the prosecutor relies. Questions about partition ratio, temperature, re-testing, and timing will raise significant doubt concerning the reliability of this measuring tool.

An attorney best suited to handle DWI & DUI cases is one with a strong knowledge of both the law and science. There are two things that a good lawyer must show. First, it is essential to expose the science behind the test for what it is– a test that assumes specific conditions for different people with different body compositions in different environments. Second, it is crucial to apply the law and downplay the seriousness of the test and its result. Imagine asking an officer on direct examination about his preferred testing tool in a more serious case involving injury or death. An officer’s affirmation that he or she would conduct an immediate blood withdrawal in a more serious case raises unquestionably reasonable doubt about the accuracy of the breath test.

If you are interested in learning more about DWI stops, blood tests, chemical tests, or other defense topics, feel free to inquire about a free consultation.