Criminal Defense Protect Your Reputation & Future

Phoenix Criminal Defense Attorney

 

Certified Specialist in Criminal Law in Scottsdale and Maricopa Counties. 
The Lawyer Teaching Other Lawyers. Bilingual Spanish Services.

Criminal accusations could severely impact you physically, mentally, and emotionally. However, whether or not you are facing conviction, you have a chance at regaining your momentum with the help of an experienced and dedicated defense attorney. Attorney Robert J. McWhirter has over 30 years of experience practicing law as a federal public defender, a visiting law professor in prestigious Latin American universities, a criminal justice reform coordinator in El Salvador, and a published author (of books and of appellate opnions). Work with a certified specialist in Criminal Law on your defense today; with someone as widely experienced and deeply knowledgeable as Attorney McWhirter, you will be capable of putting up a strong fight against your accusations.

Don’t risk jail time, fines, and deportation due to an unfair accusation. Call (480) 690-9097 or contact the Law Offices of Robert J. McWhirter online today to get started on your defense.

Protecting Your Constitutional Rights as a Defendant

If you’ve been charged with a crime, do not forget that you have several important constitutional rights protecting you while you face arrest or trial:

  • your 4th Amendment right to be free from unreasonable searches and seizures;
  • your 5th Amendment right to be free from testifying against yourself and your Miranda rights;
  • your 6th Amendment rights to an attorney, fair trial, and due process;
  • your 8th Amendment right to be free from cruel and unusual punishment.

In particular, your 4th Amendment rights protect you from warrantless searches and seizures of your home and vehicle, unless an officer is given consent to search, the search is incident to lawful arrest, there is probable cause to search, and the items are in plain view.

The 5th Amendment provides defendants with the right against self-incrimination (or testifying against themselves). It also gives you the right to remain silent while in custody, as pertaining to your Miranda rights that should be read to you. Failure of an arresting officer to read you your Miranda rights renders any statement or confession involuntary and thus unusable as evidence.

The 6th Amendment reinforces the Miranda rights and also establishes the defendant’s right to an attorney, speedy trial, and impartial jury. 

Lastly, your 8th Amendment rights protect you against cruel and unusual punishment in the criminal justice system, whether physical (harm or injury while in custody) or non-physical (excessive bail).

Attorney Robert J. McWhirter has deep knowledge of constitutional law. He has published numerous books on constitutional law, taught courses on the topic, and represented clients whose rights have been violated. Take legal action to protect your 4th, 5th, 6th, and 8th Amendment rights with an expert at the Law Offices of Robert J. McWhirter.

Appeal Your Criminal Case with Attorney Robert J. McWhirter

Attorney McWhirter also represents clients dealing with criminal appeals. While conviction might feel like the conclusion of your long, legal battle, you have the right to appeal the decision through a:

  • direct appeal;
  • post-conviction relief (PCR) petition;
  • petition for Writ of Habeas Corpus.

An appeal is essentially a request to have a higher court reverse a trial court’s decision after a final judgment has been entered. The potential appellant may file a brief with the appeals court citing specific legal reasons for reversing the trial court's ruling, though note that no new evidence is admitted on appeal; the arguments in an appeal will only be those related to the defendant’s rights during the prosecution of the case, rather than about the actual crime. Visit our page on Criminal Appeals to learn more about each specific appeals process listed above.

Attorney McWhirter has extensive experience in the Ninth Circuit Court of Appeals, having argued 4-5 cases per year. In fact, some of the appeals he has argued, including a redefinition of the elements of manslaughter, have even been published opinions. If you seek to petition for an appeal of your criminal case, Attorney McWhirter is the professional and skilled expert you need.

Representing Immigrants Facing Deportation

Criminal penalties are harsh enough, with years of prison time and hundreds of dollars in fines. The consequences are even more severe, however, for non-citizens whose immigration status may be at risk. More specifically, if a non-citizen is convicted of one of the following categories of crimes, they risk deportation or inadmissibility:

  • crimes of moral turpitude;
  • aggravated felonies;
  • drug offenses;
  • firearms offenses; and
  • domestic violence crimes.

Visit our page on Immigration to learn more about what types of deportable crimes fall under the above categories.

A significant part of Attorney McWhirter’s practice is immigration defense. In fact, one of his published books is the first one that came out almost 20 years ago on immigration criminal defense. Attorney McWhirter also speaks (and writes his books in) Spanish, and he previously spent a year working on criminal justice reform in El Salvador. So, if you risk deportation following a criminal accusation, contact Attorney McWhirter immediately for professional and informed defense immediately.

Contact the Law Offices of Robert J. McWhirter Today

If you are facing criminal charges in Arizona, contact the Law Offices of Robert J. McWhirter for quality legal representation immediately. He can defend you against accusations from drug possession to murder, and he also takes on cases at the federal level. As a former federal public defender, a published criminal appeals lawyer, constitutional law expert, and a visiting professor at numerous Latin American universities, Attorney McWhirter is the experienced defender you need to put up a strong fight in court.

Schedule an initial consultation online or at (480) 690-9097 to get started on your case with the Law Offices of Robert J. McWhirter today.

Client Testimonials

  • The other party didn’t know how to respond.

    “He was always a couple of steps ahead.”

    Marvin D.
  • He really went above and beyond for my case.

    “His personal approach made me feel like a friend and not merely a client.”

    Clay A.
  • He is committed to the highest standards.

    “Bob is a highly qualified criminal defense lawyer with extensive constitutional knowledge and the ability to explain the consequences of constitutional decisions to non-lawyers.”

    Alisa M.

Appeal Your Criminal Case 

 

Attorney McWhirter also represents clients dealing with criminal appeals. While conviction might feel like the conclusion of your long, legal battle, you have the right to appeal the decision through a:

  • direct appeal;
  • post-conviction relief (PCR) petition;
  • petition for Writ of Habeas Corpus.

An appeal is essentially a request to have a higher court reverse a trial court’s decision after a final judgment has been entered. The potential appellant may file a brief with the appeals court citing specific legal reasons for reversing the trial court's ruling, though note that no new evidence is admitted on appeal; the arguments in an appeal will only be those related to the defendant’s rights during the prosecution of the case, rather than about the actual crime. Visit our page on Criminal Appeals to learn more about each specific appeals process listed above.

Attorney McWhirter has extensive experience in the Ninth Circuit Court of Appeals, having argued 4-5 cases per year. In fact, some of the appeals he has argued, including a redefinition of the elements of manslaughter, have even been published opinions. If you seek to petition for an appeal of your criminal case, Attorney McWhirter is the professional and skilled expert you need.

Representing Immigrants Facing Deportation

Criminal penalties are harsh enough, with years of prison time and hundreds of dollars in fines. The consequences are even more severe, however, for non-citizens whose immigration status may be at risk. More specifically, if a non-citizen is convicted of one of the following categories of crimes, they risk deportation or inadmissibility:

  • crimes of moral turpitude;
  • aggravated felonies;
  • drug offenses;
  • firearms offenses; and
  • domestic violence crimes.

Visit our page on Immigration to learn more about what types of deportable crimes fall under the above categories.

A significant part of Attorney McWhirter’s practice is immigration defense. In fact, one of his published books is the first one that came out almost 20 years ago on immigration criminal defense. Attorney McWhirter also speaks (and writes his books in) Spanish, and he previously spent a year working on criminal justice reform in El Salvador. So, if you risk deportation following a criminal accusation, contact Attorney McWhirter immediately for professional and informed defense immediately.

Contact the Law Offices of Robert J. McWhirter Today

If you are facing criminal charges in Arizona, contact the Law Offices of Robert J. McWhirter for quality legal representation immediately. He can defend you against accusations from drug possession to murder, and he also takes on cases at the federal level. As a former federal public defender, a published criminal appeals lawyer, constitutional law expert, and a visiting professor at numerous Latin American universities, Attorney McWhirter is the experienced defender you need to put up a strong fight in court.

Schedule an initial consultation online or at (480) 690-9097 to get started on your case with the Law Offices of Robert J. McWhirter today.

Why Choose Attorney Robert McWhirter?

Attorney Robert McWhirter's highly regarded reputation comes from his proven success handling all aspects of criminal defense in State and Federal courts.
  1. Over 30 Years of Legal Experience
  2. Personal, One-on-One Attention
  3. Certified Specialist in Criminal Law
  4. Former Federal Public Defender
Our Firm Can Guide You in the Right Direction Call 480-690-9097 Today to Get Started