Our Expertise
Criminal Law
FULL-SERVICE CRIMINAL DEFENSE FIRM
Our representation of you does not consist of us merely appearing in court. In fact, in nearly all of our cases, what you see in court is only the tip of the proverbial iceberg. Behind the scenes, we work diligently and aggressively on your behalf with government prosecutors and judges. We have extensive contacts throughout the criminal justice system. We also conduct thorough investigations, review critical documents and evidence and interview witnesses.
We keep you informed about exactly what is happening with your case and what will happen if you do go to court. You will be fully prepared, and there will be no surprises.
We strive to work your case around your personal situation: We understand that your case is very important to you (and us), but that each person has individual needs regarding employment, family, medical and other matters about which clients ask us to intervene on their behalf.
Criminal law involves a complex and often lengthy process. Below is a summary of how your case may evolve.
STAGES OF A CASE
INVESTIGATION:
This may take minutes or months. Law enforcement officials have an array of investigative tools. If you think you are being investigated for criminal wrongdoing, you should call us immediately, before contact with law enforcement personnel. You should never discuss your case with investigators without a lawyer present.
Before a law enforcement officer can perform a search for evidence, he or she must obtain a warrant from a district judge or magistrate judge. The Fourth Amendment to the U.S. Constitution requires that a search warrant be supported by proof that probable cause exists to expect the search to produce evidence of a crime. The search warrant must have probable cause and clearly specify the place to be searched and the things to be seized.
Our experienced criminal defense attorneys can make sure your rights are protected.
ARREST:
Most people are arrested physically, but some receive a Summons or a Notice to Appear. Usually within 24 hours of arrest, you appear before a magistrate who sets a bond, or, in the case of a misdemeanor may get you to plead guilty and be sentenced. The attorneys at Robert Shafer and Associates, P.A. can appear at most bond hearings with very little advance notice to try to get the lowest bond possible. Often we are able to secure your release without posting a bond.
If you are arrested or taken into custody, you must be advised of your constitutional rights. This process, known as giving the Miranda warning, includes informing you of the right against self-incrimination and the right to have an attorney present during questioning. Once you express the desire to consult an attorney, questioning must cease until an attorney is present. Call us prior to answering any questions.
TRANSMISSION OF CASE TO PROSECUTOR:
Usually within hours after a bond hearing, your case is assigned to a prosecutor’s division. The prosecutor usually has a few days or weeks to evaluate the case and decide whether to pursue charges and, if so, decide what official charges to file (as opposed to arrest charges). Needless to say, this is usually the most important segment of a criminal case. Often we can persuade the State that charges should not be officially filed, or to file lesser charges than those first pressed by the police, significantly decreasing the problem you face.
ARRAIGNMENT/PRE TRIAL:
When your case is on the docket and you enter a plea (Guilty, Not Guilty, No Contest). In most cases we are able to file a waver of appearance and we can appear in court as your representative without you needing to appear in person.
At the pre-trail stage your case will appear before your judge for a status conference before it is resolved.
DISPOSITION:
When your case is over, by either being dropped or passage of sentence by your judge. The verdict is announced in open court. In federal cases, the jury decision must be unanimous. A jury that is unable to reach a decision is known as a hung jury. In this case, a mistrial may be declared and the accused may be prosecuted again on the same charges. The state must make a decision on whether to prosecute again. We can help persuade the State on your behalf. An acquittal is final because of the constitutional protection against double jeopardy.
If a sentence is passed, and the defendant is convicted, he or she may be returned to custody or allowed to remain free on bond pending sentencing. At the time of conviction, the trial judge will order a presentence investigation. The results of this investigation, compiled in a written report that is not made available to the public, will include details about the defendant's background and information that could affect the severity of sentence. We made sure the State looks at a defendant as an individual not just another case. We make sure all special circumstances are considered.
Robert Shafer & Associates handles every type of criminal case and focus particularly on:
