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.
My husband and I hired Mr Hamblin for a criminal matter that happen to me by accident I had some issues that happen and I have never been in any trouble. However I did some research on criminal defense attorneys and Mr. Hamblin named appeared. I did some research on him and found that he…
I'm not sure where the one star review came from, but Scott is a wonderful attorney! He did such a great job, didn't rush me in my consultation and helped me win my case! Thanks again Scott!
Helped my family with a variety of issues!
Scott Hamblin represented my company in a civil litigation. He was incredibly responsive and knowledgeable. His incredible passion to do the very best for his clients was not only apparent it was effective when we were able to gain the results we were looking for. I highly recommend Scott Hamblin for your legal needs.
My husband and I have used Scott as our lawyer for adoption , he was very professional as well as caring in the case. He also helped us with our personal Wills, Durable Power of Attorney, and our Health Directives. He is very thorough and explains everything step by step, and answers any questions you…
Scott did an excellent job. He was available as needed and always listened. He responded quickly to e-mails or phone calls. He didn't just "tell me what to do." Instead, he listened to my input and helped me make informed decisions. I always felt as though he had time for me as a client.
Scott is very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Childrens Division. When he became the adoption lawyer for Cole Couuty Childrens Division in 2007 my husband and I was one of the first to use him to become adoptive parents to…
Exceptional to work with, easy to talk to and extremely efficient. We have used Scott on two major issues now and have walked away both times more than satisfied. If someone has a significant legal issue pressing, Scott Hamblin, without question is who they need representing them.
I have used Scott Hamblin as my attorney for several different issues. He did a great job. Should you need a lawyer, Scott is an excellent choice.
Scott was knowledgeable of the law and provided support and honest counsel as my divorce attorney. I would highly recommend him to others.
Scott is a great lawyer, will do what he says! He will work his tail off for you. It was a long 2 year divorce, but I am so glad he was representing me. Very fair and doesn't over charge for his services. I can now say he is my friend, not only my attorney.
Scott represented me on a matter that was small, but very important to me. Scott was professional, honest and informative every step of the way. Even though my case was a small one, I never felt any less than his most important client whenever we met or had court appearances. I am absolutely certain that…
Scott Hamblin is a no-nonsense, very knowledgeable attorney who is dedicated to helping his clients understand their options. Scott will go the extra mile for his clients to make sure they are taken care of, and informed. He is our family's "go-to" attorney and we highly recommend him.
Scott handled two cases for me and was great. Scott has great bedside manner and answered all my questions to where I could understand them. He is a class A attorney and I would recommend him to anyone.
Fabulous attorney!!
Scott did a great job handling our custody case. He fought for us every step of the way and got things done quickly. He even refunded over half of our retainer because he got the case handled quicker than expected. I would recommend him to anyone.
Scott is an extremely knowledgeable lawyer. Gives his 100% on every case.
I have had the pleasure of knowing Mr. Scott Hamblin for over 12 years. He is relational and cares deeply about people, his community and the law. Scott is ethical, compassionate, understanding and most importantly reliable. Our family insists on working with Mr. Hamblin for all our legal needs and consider him a family friend.…
Very intelligent and helpful
Mr. Hamblin is an excellent attorney. He is very friendly and works hard to do what is in the best interest of his clients. I have had only positive experiences when hiring Mr. Hamblin for my legal needs. He responses quickly any time I need assistance and he keeps you very well informed on the…
Professional & thoughtful.
Scott Hamblin is a great lawyer. He has assisted me in my divorce and custody issues over the pass three years. He is easy to work with and has always kept me informed/involved in my cases, as they progress.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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