At Schatz, Anderson & Uday, we handle all kinds of criminal cases, from minor infractions and misdemeanors to the most serious felony offenses. We provide representation during all stages of the criminal process from the initial investigation to post conviction appeals. If you have been charged with a crime, it is vital that you have a dedicated and knowledgeable defense attorney working for you. A skilled defense attorney can identify potential defenses to your case and raise those defenses in court. The criminal process can be complicated and intimidating and the consequences of a conviction can be severe. Penalties for a criminal conviction can include fines, counseling, community service, loss of driver's license or professional licensure, probation, jail or even prison. Don't take any chances with your freedom, call us now to schedule your FREE no obligation consultation.

1.  Classifications of Criminal Offenses & Penalties: Level of Offense Incarceration Fine Infraction No Jail $750.00 + 85% Surcharge Class C Misdemeanor 0-90 days $750.00 + 85% Surcharge Class B Misdemeanor 0-180 days $1,000.00 + 85% Surcharge Class A Misdemeanor 0-365 days $2,500.00 + 85% Surcharge 3rd Degree Felony 0-5 years $5,000.00 + 85% Surcharge 2nd Degree Felony 1-15 years $10,000.00 + 85% Surcharge 1st Degree Felony 5 years-life $10,000.00 + 85% Surcharge Capital Homicide Death Penalty   *Loss of driver's license In addition to the penalties listed above, some offenses carry an automatic loss of driving privileges. For example, any drug related crime, whether it occurred in a car or not, carries an automatic loss of driving privileges for a period of six months. Be sure to ask your attorney if a loss of driving privileges could be a consequence of your charge.   *Minimum Mandatory   Some offenses, such as DUIs carry minimum mandatory sentences. This means that the legislature has set forth a minimum sentence that the judge must impose. Minimum mandatory sentences can include minimum jail or prison terms, minimum fines, or counseling requirements. Be sure to ask your attorney if any of your charges carry a minimum mandatory sentence.   *Probation   In addition to the penalties outlined above, the court can place a defendant on probation for a period anywhere from 6 to 36 months. There are different levels of probation. Those placed on supervised probation will be required to check in regularly with a probation officer and will be subject to search and seizure at all times. Others may be placed on good behavior probation or court probation which does not require the assignment to a probation officer. The court clerk will check to verify that the defendant has complied with the conditions of probation. Probation conditions can include but are not limited to counseling, community service, fines and fees, restitution, random drug testing, and employment or schooling requirements. If a defendant fails to comply with the conditions of probation, an Order to Show Cause may be filed requiring the defendant to appear in court to 'show cause' why the defendant should not be held in contempt for failing to comply with the conditions of probation. If the defendant violates his probation, the court may impose further sanctions including additional fines and time in jail.    2. Warrants   An arrest warrant is a court order authorizing any law enforcement officer to arrest the subject of the warrant and take them into custody. Warrants can be issued for several reasons. An arrest warrant can be issued by the judge as soon as a case is filed. Other times warrants are issued because a defendant fails to appear in court for a hearing. Warrants can also be issued if a defendant fails to comply with the conditions of his or her probation. If a warrant for your arrest has been issued, you may be able to avoid going to jail and having to bail out by scheduling an appearance before the court. For more information on how to have a warrant recalled, contact our office. 3.  Felony Court Process 1. Initial Appearance - The Initial Appearance is the first hearing in a felony case. The Initial Appearance is normally schedule within a few days or weeks of formal charges being filed. At the Initial Appearance, the judge can address the issue of bail or release, if the defendant is in jail. The judge will also verify that the court has your correct information such as name, date of birth, address, etc. Most importantly, the purpose of the Initial Appearance is to provide the Defendant and his or her attorney with a copy of the Information or formal charging document and advise the defendant of the charges that have been filed against him or her. The judge will then set the next court date for the Roll Call Hearing.   2. Roll Call - The purpose of the Roll Call is for the defendant to advise the judge as to whether he wishes to have preliminary hearing. Some cases have more than one roll call. The Roll Call also provides an opportunity for the defense attorney to negotiate with the prosecutor to see if a plea agreement can be made. If a plea agreement is reached, the defendant will waive his right to a preliminary hearing. If a plea agreement is not reached, the court will set a date for a preliminary hearing if the defendant desires one.   3. Preliminary Hearing - The preliminary hearing serves several purposes. First, the preliminary hearing is a sort of screening mechanism. At a preliminary hearing, the rules of evidence are not strictly adhered to. Particularly, hearsay evidence is admissible. At the preliminary hearing, the prosecutor must present enough evidence to establish that probable cause exists to believe that a crime was committed and that the defendant was the person who committed the crime. The prosecutor does not have to prove the case beyond a reasonable doubt, that is the standard of proof at trial. If the judge is convinced that probable cause exists to believe that a crime was committed and that the defendant committed it, the case will be bound over for trial. The second purpose served by the preliminary hearing is that is serves as a method of discovery for the defense. The preliminary hearing allows the defense attorney a sort of sneak peak at the prosecution's case. A skilled defense attorney can learn a great deal about the prosecution's case at the preliminary hearing. The defense attorney is allowed to cross examine the prosecution witnesses and can even present his own witnesses, if he chooses to. It is very rare for the defense to call any witnesses to testify at a preliminary hearing. Since the preliminary hearing is on the record, the witness's preliminary hearing testimony can be introduced at a later trial to impeach the credibility of a witness whose trial testimony is inconsistent with his or her preliminary hearing testimony.    4. Arraignment - After a case has been bound over from the Preliminary Hearing, an Arraignment is scheduled. At this hearing, the defendant is required to enter a plea of guilty or not guilty. If you enter a plea of guilty the case will be scheduled for sentencing. If you plead not guilty, your case will be scheduled for a Pre-trial Conference.   5. Pre-trial Conference - At the pre-trial Conference your attorney can discuss your case with the prosecutor and can again attempt to negotiate a reasonable plea agreement. If you are unable to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.   6. Motion/Suppression Hearing - A skilled attorney may be able to file Motion to Suppress asking the court to suppress some or all of the evidence or a Motion to Dismiss asking the court to dismiss the case in its entirety. If the Motion is granted a case can be dismissed or seriously weakened. There may be several motions which can be filed depending on the facts of your case.   7. Trial - If your are unable to negotiate a satisfactory plea agreement and your case is not dismissed on a Motion to Suppress or Motion to Dismiss, you have the right to have your case tried before a judge (bench trial) or a jury (jury trial). The size of the jury is determined by the most serious charge filed against you in your case. At the trial the prosecution will be required to present witnesses and evidence that supports the charges against the defendant. At trial the prosecution has the burden of proving the defendant is guilty beyond a reasonable doubt. In order to convict, all members of the jury must agree to find the defendant guilty, this is called a unanimous verdict.   8. Appeal - If you are found guilty, you have the right to appeal your conviction. There are many different reasons for filing an appeal and it is important that you have a skilled attorney review your case and determine which grounds for appeal will have the greatest likelihood of success. You may be able to appeal the denial of a motion to suppress or an error at trial. In some cases, a successful appeal will result in a dismissal of the case, in others it may result in a new trial. Regardless of the basis of appeal, a written Notice of Appeal must be filed within 30 days of the conviction and/or sentencing. Along with the Notice of Appeal, a Petition for a Certificate of Probable Cause can be filed asking the court to stay the imposition of the sentence that was imposed until the appeal has been decided.   9. Sentencing - If you are convicted or enter a plea of guilty pursuant to a plea agreement, the defendant has the right to be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to waive time for sentencing and be sentenced immediately if he or she chooses. In some cases, a judge will require the defendant to meet with a probation officer prior to sentencing to get a pre-sentence report. The pre-sentence report is a recommendation by the probation department for what type of sentence is appropriate for the defendant. At sentencing, the court will hear recommendations from probation, the prosecutor, and from the defendant and his attorney. None of these recommendations are binding on the court and the judge makes the final determination as to the sentence to be imposed.   Click here to proceed to the: CRIMINAL CASE EVALUATION