The criminal law process in Missouri can be extremely complicated, and the consequences of a conviction can be serious regardless of whether this is a first offense or you have a previous criminal record. Our firm is here to assist you every step of the way in the criminal law process.
Before a person is arrested for a crime in Missouri, the criminal law process may begin with an investigation. Federal crimes, in particular, can involve extensive investigations before an arrest is ever made.
Once law enforcement officials and prosecutors believe they have enough evidence against a person, the next step in the criminal law process is to seek an arrest warrant that will result in an arrest. Warrantless arrests are also lawful in many circumstances where law enforcement officials have probable cause to believe a crime has been committed.
If you have any reason to believe you are under investigation, it is time to hire a criminal defense lawyer to begin working on your defense. When you are facing any kind of criminal charges in Missouri, it is essential to have an experienced Missouri criminal defense attorney who can represent you and help you to build a strong defense for your case.
There may be many possible defense strategies that will be applicable to your case, from an unlawful search to entrapment. You should know that you have a right to an attorney, and you have the right to remain silent under U.S. law.
After a person is arrested, the judge will determine if they can be released until the charges are resolved, and what requirements must be met. This process is known as setting bail. If the person is not a threat to others, and the court believes they are likely to show up for future proceedings, they may be released on “personal recognizance” with few or no conditions. For many criminal charges and situations, a surety bond must be paid, and the judge will set the amount of bond.
Some criminal cases in Missouri—felonies in particular—will next go to a preliminary hearing. Depending upon the case, the defendant may be able to waive a preliminary hearing, yet it is critical to avoid making any decisions or appearing before a judge without a lawyer. A grand jury might replace a preliminary hearing in some cases. In a grand jury, a panel of citizens hears evidence and decides whether there is enough reason for the case to move forward to trial.
Next, if a case moves forward from a preliminary hearing or grand jury, a defendant will be arraigned. At this stage, you must enter a plea of not guilty, not guilty by reason of insanity, or guilty. Our Missouri defense attorneys can discuss the best option for your case to help you beat the charges.
The process of finding and sharing information about the case is known as discovery. Each side must find and evaluate the evidence and witnesses that will be used at trial and follow careful guidelines about sharing that information with the other party when required.
As more details are revealed about the case, defendants may be offered a plea agreement or suggest one to the prosecutor, in which the state agrees to reduce the charges or penalties in exchange for a guilty plea. This is referred to as plea bargaining, and it can occur before or even during a trial. A skilled criminal defense attorney can help you work toward a more favorable plea agreement and help explain your options if an agreement is offered.
The pretrial conference, also known as a pretrial hearing, is the final opportunity to reach an agreement on the charges or plea before the case goes to trial. It also gives both sides a chance to ask the judge for more time to gather evidence or prepare if needed. If a defendant changes their plea at the pretrial conference, sentencing may also happen immediately, but not always. If the case is proceeding to trial, a trial date will be set.
Trials involve many different elements, but this is the stage at which the prosecution will present its case and your lawyer will present your defense. Evidence can be entered and witnesses can testify and be cross-examined. Many criminal law cases involve a jury. For a conviction, the jury must be unanimous.
Sentencing occurs when a person has been convicted of an offense. Sentences can vary greatly depending upon the specific criminal conviction and your previous criminal record, as well as mitigating or aggravating factors.
After a conviction and sentencing, it may be possible to appeal with assistance from a criminal defense lawyer in Missouri.
If you are at any stage of the criminal law process in Missouri, from being under investigation to facing a trial or seeking an appeal, one of our experienced Missouri criminal defense attorneys can speak with you today about your case. Contact Scott A. Hamblin to learn more.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
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I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached…
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Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice…
I originally hired a family attorney in Columbia, who said he would fight to keep my rights with my young daughter. After a month, this Columbia attorney stated that I should just settle and do 50/50 custody with my daughter's biological father. I was not satisfied with this response so I hired Scott Hamblin instead.…
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact…
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Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized…
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well…
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on…
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We…
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
We had a very unique case. It was confusing and complicated. Scott stepped in, helped and guided us on our journey. He was knowledgeable, professional and very honest with us. I highly recommend him if you are put in a circumstance where you need an attorney. His integrity is amazing. The entire firm was wonderful…
Scott Hamblin is reliable, trustworthy, very professional, and hardworking. I highly recommend him for any of your lawyer needs.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin…
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
I called Mr. Hamblin to represent my family member. When we went in to have a meeting, Mr. Hamblin was very honest said he felt that he could represent him and help with the matter that he had been charged with. I was so glad that I had contacted Mr. Hamblin on this matter, because…
Very upfront and honest about the potential outcomes of my case.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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