Associates

Phylis J. Emerick

Phyllis J. Emerick, Attorney at Law, was born in South Bend, Indiana. Phyllis served as Sam Shapiro’s law clerk during law school and assisted him in several jury trials. Phyllis was admitted to the bar in 1985 in Indiana and is licensed to practice in both State court and the U.S. District Courts in Northern and Southern Indiana. Phyllis received both her B.A. and J.D. from Indiana University. She is a member of the Indiana and Monroe County Bar Associations

Phyllis handles Change of Plea or Guilty Plea hearings. Typically, Sam Shapiro has negotiated a contract with the State of Indiana entitled ‘Negotiated Plea Agreement’ which you have had the opportunity to read, question, and sign. This contract spells out what the terms of your guilty plea will be and provides for what sentence the judge will impose.

The terms of probation are typically not negotiable since most judges reserve the right to establish those terms of probation. If you have any questions about pleading guilty during the change of plea hearing or you are uncomfortable or not sure, STOP AND MAKE AN APPOINTMENT TO GO OVER ALL ASPECTS AGAIN.

Phyllis Emerick will be your attorney for Pre-trial Conferences. No hearing is as misunderstood or as wrongly feared as a pre-trial conference.

  1. This is NOT a trial. In fact, historically your attendance was not even required.
  2. The lawyers exchange witness and exhibit lists which may have already been exchanged.
  3. The prosecutor makes a plea offer of some type that we typically reject at the time of the pre-trial depending on our case goals and the state of any negotiations between Sam Shapiro or Joe Lozano and the prosecutor.
  4. The Court sets the case on a trial track in case a trial is needed somewhere down the road.
  5. You MUST attend unless you are excused.