Practice Areas :: CRIMINAL DEFENSE

At Stewart and Musell we know that civil rights violations occur in both the civil and criminal systems. We are devoted to protecting civil rights whenever they occur. As such, we specialize in all complex criminal matters. We are experienced in developing novel defenses. We will investigate the matter thoroughly and determine what witnesses and evidence supports your defense. We will research and interview available experts that specialize in topics such as coerced statements, unlawful wiretapping, mistaken identification, excessive use of force, police procedures, cross racial identification, racial profiling, diminished capacity, insanity, among others. We have experience in negotiating surrenders so as to minimize the disruption to your life and to minimize the harm to your reputation.

Our experience ranges from crimes of violence to financial and white collar crimes to crimes demanding sophisticated forensic evidence and expertise, including murder, sexual assaults and other cases where DNA and other forensic evidence plays a role. A sampling of our experience includes: 

White Collar Crimes

Our specialty in employment law matters gives us an edge in representing individuals accused of white collar or employment based crime. We have successfully represented both governmental and private employees accused of criminal conduct while at work.

Racial Profiling

We have experience in successfully addressing issues of racial profiling and racial stereotyping in the criminal justice system, obtaining dismissal of criminal charges. For example, we won a motion to dismiss all charges after the prosecution rested its case at trial because after our cross examination of the State’s prime witness, it was revealed that the witness could only identify the perpetrator’s race and could not provide any other physical features of the actual mugger. Our client simply matched the race of the perpetrator and was in the area at the time. The Court dismissed the case.

Expungements

Our special knowledge of employment matters serves to enhance our ability to secure expungements or similar relief for our clients. We truly understand the effect a criminal record has on one’s ability to seek and maintain employment. We have successfully restored clean records for our clients. We will not only address criminal histories stemming from the jurisdiction of prosecution, we will also update or expunge any existing U.S. Department of Justice or FBI records. Successfully expunging records can make the difference in obtaining and holding employment and licenses.

SBS Defense

We successfully represented a father accused of causing the death of his infant son in a case which the police and prosecution sought to transform a family tragedy into a criminal matter. Using research and studies which rely on evidence based medicine and by presenting evidence of pre-existing medical conditions, we were able to have the prosecution reverse its plea offer from first degree murder with no possibility of parole to involuntary manslaughter.

Competency Defenses

We have experience in addressing issues of competency related to serious violent crimes. For example, we presented a novel defense in a serious stabbing case where the juvenile had a documented history of sleepwalking and were able to successfully present evidence to the Court and the prosecution that the juvenile had not criminal intent in the conduct which occurred but had in fact been asleep at the time. The Court granted pretrial diversion on the condition that the juvenile obtain treatment for the sleeping disorder.

Self Defense and Defense of Others

We have experience in successfully defending clients where they were acting in defense of themselves or others. For example, we secured a victory for our client accused of aggravated assault when we presented evidence at trial that the so-called victim had been the aggressor and threatened the clients’ family members.