A respected violent crime attorney standing by you

No matter what the charge, from misdemeanor assault to murder, the case starts with a complaint—unless you’ve been indicted, which is a different process.

That complaint can be issued via a summons in the mail, which will tell you when to appear—or via a warrant, meaning that you will be arrested.

If you’ve been charged—or believe you will be—it’s critical that you retain an experienced defense lawyer with a deep understanding of violent crime in advance of your first appearance.

This first appearance provides your defense lawyer an opportunity to argue for reduced bail and conditions of release.

The judge will look at the same factors no matter the charge. Ultimately, he or she will want to know if you’re likely to reappear in court and if you’re a danger to the community.

It’s important to have a defense lawyer advocate for you at this stage. If there is any chance of your release and ability to show you’re not a danger to your community, there is a greater chance of realizing a better outcome in the long run. And with lower bail, you’ll be more likely to afford effective representation.

Defenses commonly presented in violent crime cases, like murder, include self-defense, alternate perpetrator (someone else committed the crime), unintentional act, and the role of mental health.

Additionally, a client might be able to ‘proffer,’ or provide helpful information related to another crime to the prosecutor, for a more favorable outcome.

At your next court appearance, your defense lawyer will have a chance to resolve evidentiary issues in your case or set a hearing or briefing schedule to argue them.

What evidence may be ripe for challenge? Shauna has successfully pursued a number of avenues in defense of her clients.

She has challenged probable cause (whether there was a reasonable, articulable suspicion that a crime had been committed), and the admissibility of informants and forensic data, including electronic surveillance. She has also entered impeachment materials of witnesses and suppressed the prior crimes of the accused.

Working with investigators, Shauna has gathered statements, street surveillance camera footage, bank records, and other relevant information. She has also mitigated sentencing when a client has received a good offer by working with dispositional advisors. (A dispositional advisor can paint a fuller, more human portrait of the accused, whether they are a parent, student, worker, someone achieving a treatment milestone, or a survivor who grew up amid extreme adversity.)

Additionally, Shauna successfully challenged mental health reports that found her client competent when the client was not by obtaining her own exam from a doctor and litigating the issue in court.

Lastly, she has won alternate perpetrator motions, entered medical examiner second opinions, and litigated the admissibility of evidence that would benefit or harm clients’ cases in pursuit of the best possible outcomes. (This includes a client who pled to stabbing his lover in the neck, and who is now serving a 162-month prison sentence—far less than many drug cases.)

Should your case proceed to trial, the makeup of your jury will be determined by your charge: A felony jury in Minnesota is comprised of 12 jurors, while a misdemeanor jury is comprised of 6.

As a defendant, you have the right to call witnesses to appear in court, even if they don’t want to—and you have the right to confront those witnesses.

You also have the right to receive all of the exculpatory evidence in your case that is in the possession or control of the government.

You do have the right to remain silent. If you choose not to take the stand, the judge will instruct the jury not to make any negative inferences should you choose to exercise that right. Shauna gives her opinion to her clients on whether to take the stand, but always respects their choice either way. She has had jury verdicts of not guilty when her clients have taken the stand, and when they have not on serious felony cases.

An important thing to keep in mind: While you can choose to try your case to a judge, it is almost always the move of a scared lawyer to do so. Why? A judge can dismiss your case at any time, including when the State of Minnesota rests its case. If a defense lawyer attempts to talk you into it, it may be because they fear juries and the costs related to the additional time spent working on your case.