Former Federal Prosecutor & Appellate Attorney
Former federal Prosecutor
& Appellate Attorney
Former Federal Prosecutor & Appellate Attorney
Former federal Prosecutor
& Appellate Attorney
I am a criminal defense attorney with over a decade of experience in criminal law. My practice consists of 100% criminal defense, and I practice in Fort Myers, Naples and Collier County.
I am a former federal prosecutor. As an Assistant United States Attorney, I handled major violent crimes, drug and gun, wildlife, white collar, child exploitation, and sex offender failure to register cases. In that capacity, I also provided legal guidance to FBI Special Agents, Bureau of Indian Affairs Special Agents, Wyoming Division of Criminal Investigation Special Agents, and United States Fish and Wildlife Special Agents on active investigations. I also provided annual training to federal special agents on Fourth Amendment law, federal jurisdiction, and evidentiary matters.
Additionally, I have experience as an appellate attorney, and have argued countless times before the Wyoming Supreme Court as Senior Assistant Appellate Counsel for the Wyoming Public Defender’s Office. In that capacity, I won reversals in over 30% of the cases which I briefed and argued.
My unique background and ability to dig deep into the factual details of your case and the law enables me to aggressively fight from all angles, leaving no stone unturned in your Criminal Defense.
Smith v. State of Wyoming, 2021 WY 28 (2021): Conviction reversed. I represented Marty Smith in her appeal to the Wyoming Supreme Court. Prior to my representation, she was convicted by a jury of being an accomplice to manslaughter and to aggravated assault and battery. I won her appeal. The Wyoming Supreme Court reversed Ms. Smith’s conviction, and found that her subjective point of view should have been considered by the jury.
State of Wyoming v. Jason John, 2020 WY 46 (2020): Defendant found to be immune from prosecution. I represented Jason John in his appeal to the Wyoming Supreme Court. On appeal, I successfully argued Mr. John was immune from prosecution under Wyoming’s self-defense statute. Mr. John was charged with first degree premeditated murder, and the district court determined he could not be prosecuted for the crime due to the self-defense statute’s immunity provision. The Wyoming Supreme Court was convinced the immunity provision did apply, and held Mr. John was immune from prosecution.
Brown v. State of Wyoming, 2019 WY 42 (2019): Conviction reversed. I represented Mr. Brown in his appeal to the Wyoming Supreme Court. He was convicted of felony possession of a controlled substance at the trial level. On appeal, the Wyoming Supreme Court held Mr. Brown’s Fourth Amendment rights were violated when the officer conducted a canine sniff of his vehicle. Because he was searched in violation of his Fourth Amendment rights, his conviction was reversed.
U.S. v. Koby Dean Johnson, 2:16-cr-00024-SWS: As an AUSA, I prosecuted this first-degree murder case. Mr. Johnson was convicted after a five-day jury trial of murdering his wife and was sentenced to life in prison.
U.S. v. Richard Kennedy, 1:13-CR-00277-SWS: When I was an AUSA, I prosecuted this Interstate Transportation of Stolen Property case, which resulted in a conviction and a sentence of 86 months imprisonment. The defendant stole virtually all of his elderly parents’ life savings in the form of cash, gold krugerands, rare coins, and gems, transported it across state lines, and sold it at various pawn shops.
U.S. v. Chippewa, et al., 1:14-CR-00284-SWS: As an AUSA, I worked what began as the missing persons case of victim Jared Littlewhiteman. I was involved in the early investigative stages of this case, as well as the early prosecution stages. It ultimately became a multi-defendant first-degree murder and aid and abet case. Convictions were ultimately obtained for first degree murder and aid and abet, first degree felony murder, and first degree felony murder for all three defendants.
If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative.
With criminal charges, most likely, your objectives will be to either avoid jail time, reduce or dismiss your charges, and/or keeping your record clean.
Robert Foley shares these objectives and understands the devastating effect a criminal conviction can have on your career, your future, your family, and even your freedom.
As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.
If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative. As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.
“We hired Mr. Foley after our first lawyer failed us through and through. We needed a miracle and Mr. Foley was up for the challenge. Although the odds were against us every step of the way he stood by my brothers side no matter what!! He gave us his advice and was extremely professional. My brother ultimately made his decision to go to trial. Mr. Foley put his best foot forward and fought for my brothers freedom. He was thorough, clear, and very intelligent. I am proud to say my brother won his trial and is a free man. I will forever be thankful for Mr. Foley and his team. I would also say I would use him again in the future, just hope I never have too!”