Criminal Defense Attorney Indiana: What To Do When Facing Charges
Being charged with a crime in Indiana is a serious matter that can have lasting consequences on your freedom, employment, and future. Understanding the Indiana criminal justice system, your rights, and the importance of immediate legal representation is critical. This comprehensive guide walks you through the process and explains how to find a qualified criminal defense attorney in Indiana.
Indiana Criminal Law Overview
Indiana criminal law is primarily codified in the Indiana Code Title 35, which defines crimes and penalties. Indiana follows a sentencing guideline framework established in Indiana Code § 35-35-1, which provides advisory sentencing ranges based on offense class and criminal history. Indiana judges have some discretion in sentencing but must apply these guidelines.
The Indiana State Bar Association (www.inbar.org) oversees licensed attorneys and handles professional conduct complaints. If you are arrested or charged, you have the constitutional right to an attorney under the Sixth Amendment and Indiana Constitution. If you cannot afford one, a public defender will be appointed to represent you at no cost. Indiana has a robust public defender system in major counties including Marion County (Indianapolis), Lake County (Gary), Allen County (Fort Wayne), and Vanderburgh County (Evansville).
Indiana courts operate at multiple levels: Circuit courts (felonies and civil cases), Superior courts (felonies, civil, and complex cases), and appellate courts. The Indiana Supreme Court hears select appeals. Marion County Superior Court in Indianapolis handles one of the nation's highest felony caseloads.
The Indiana Criminal Process: Step-by-Step
1. Arrest and Miranda Rights
If arrested in Indiana, police must inform you of your Miranda rights before any custodial interrogation. You have the right to remain silent and the right to an attorney. Say clearly: "I want to speak to an attorney." Do not answer questions without your lawyer present. Anything you say can and will be used against you in court. Indiana courts enforce Miranda rights strictly, and violations can result in suppression of statements.
2. Initial Appearance (Bail Hearing)
You must be brought before a judge within 24 hours of arrest (Indiana Code § 35-33-8-2). At the initial appearance, the judge will inform you of charges, advise you of your rights, and set bail or conditions of release. This is where a criminal defense attorney can argue for release on your own recognizance or lower bail. Being represented at this stage can be the difference between being held in custody and going home pending trial.
3. Bail and Pretrial Release
Indiana courts may release you on bail, on conditions of release, or on your own recognizance pending trial. Under Indiana Code § 35-33-8, judges must consider the least restrictive conditions. A good criminal defense attorney will argue aggressively for your release and may challenge excessive bail. For serious felonies, bail hearings can determine whether you spend months in jail awaiting trial.
4. Probable Cause Affidavit & Preliminary Hearing
For felony charges, the prosecutor must file a probable cause affidavit showing the officer's evidence. You have the right to a preliminary hearing where the prosecution must demonstrate probable cause that you committed the crime. Your attorney can cross-examine witnesses and challenge the state's case. A strong defense at the preliminary hearing can result in case dismissal or charges being reduced (Indiana Code § 35-33-7-1).
5. Grand Jury Indictment
For felonies, the prosecutor must obtain a grand jury indictment (Indiana Code § 35-34-1). A grand jury hears evidence and votes whether to indict. Your attorney can file motions to challenge the indictment or present evidence to the grand jury in certain circumstances.
6. Arraignment and Plea Negotiations
At arraignment, you will be informed of the charges and asked to enter a plea. Before pleading guilty, it is essential to consult with your criminal defense attorney about plea bargain options. Many cases resolve through plea agreements, which may reduce charges or sentences. A skilled negotiator can often secure much better outcomes than taking the case to trial.
7. Discovery and Case Investigation
Indiana courts require prosecutors to provide discovery (evidence) to the defense. Your attorney will review police reports, witness statements, lab results, and other evidence. Independent investigation, expert witnesses, and testing may be necessary to build a strong defense. Early and thorough discovery review is critical to identifying weaknesses in the prosecution's case.
8. Pre-Trial Motions and Suppression Hearings
Your attorney can file motions to suppress illegally obtained evidence, challenge search and seizure, and move to dismiss charges based on procedural violations. Successful suppression motions can exclude crucial evidence and may result in case dismissal or acquittal. Indiana courts take Fourth Amendment violations seriously.
9. Trial or Guilty Plea
If the case does not resolve, it proceeds to trial. In Indiana, you have the right to a jury trial for all criminal charges. Your attorney will present evidence, cross-examine prosecution witnesses, and argue your innocence. Misdemeanor trials typically occur within 8 months of arraignment; felony trials may take 12–24 months depending on complexity and court docket.
10. Sentencing
If convicted, Indiana sentencing guidelines determine your sentence (Indiana Code § 35-35-1). Judges must impose sentences within legislatively prescribed ranges based on offense class. Your attorney can argue for mitigation at sentencing: character witnesses, rehabilitation efforts, and family circumstances can all influence the judge's decision within the allowed range. Many judges consider mitigating factors that allow departure from guidelines.
Indiana Statute of Limitations
Indiana has specific statutes of limitations that determine how long prosecutors have to bring charges (Indiana Code § 35-41-4):
- Misdemeanors: 1 year from the date of the offense
- Class D Felonies: 2 years from the date of the offense
- Class A, B, or C Felonies: 5 years from the date of the offense
- Murder: No statute of limitations
- Sex Crimes: Extended periods; some crimes have no statute of limitations if the victim was under 16 at the time of the offense
If charges are not filed within the statute of limitations, prosecution must be barred. Your attorney can challenge jurisdiction if the state missed the deadline.
Common Criminal Charges in Indiana
DUI (Driving Under the Influence)
Indiana Code § 9-30-2 prohibits driving with a blood alcohol concentration of 0.08% or higher. First DUI convictions carry up to 180 days in jail and $500 in fines. Repeat offenses carry mandatory minimum jail time and substantial fines. Ignition interlock devices may be required. Breath and field sobriety tests can be challenged; an experienced DUI defense attorney can exclude unreliable evidence.
Drug Offenses
Indiana has strict drug laws under Indiana Code § 35-48. Possession of controlled substances is prosecuted based on quantity and intent. Possession with intent to deliver carries felony penalties. Drug manufacturing, trafficking, and dealing are serious felonies with mandatory minimum sentences and substantial prison time.
Assault and Battery
Indiana Code § 35-42 defines assault and battery. Simple assault is assault in the third degree (Class B misdemeanor). Aggravated assault or assault with weapons (second degree) carries up to 4 years imprisonment. Assault causing serious bodily injury (first degree) is a Class B felony carrying 5–20 years. Self-defense claims can result in acquittal or reduced charges.
Theft and Property Crimes
Indiana Code § 35-43 covers theft, burglary, robbery, and vehicle theft. Felony theft depends on property value and circumstances. Robbery (theft with force or threat) is always a Class B felony carrying 6–20 years. Burglary penalties vary from Class D felony (6 months–3 years) to Class B felony (6–20 years) depending on degree and whether a weapon was involved.
Weapons Violations
Indiana has weapons laws under Indiana Code § 35-47. Carrying a handgun without a license is illegal. Felons cannot possess firearms. Unlawful possession of a weapon is a Class D felony. Indianapolis and other cities have local ordinances restricting firearms further.
Public Defenders in Indiana
If you cannot afford a private attorney, Indiana will appoint a public defender at no cost. The Indiana Public Defender Commission provides public defense services statewide. Major counties including Marion, Lake, Allen, and Vanderburgh have large public defender offices with experienced trial lawyers. Public defenders are skilled trial lawyers, but many carry heavy caseloads. For serious or complex cases, private counsel may provide more individualized attention.
Criminal Defense by City in Indiana
Each Indiana city has unique court systems and criminal justice cultures:
Indiana Criminal Defense FAQ
How long does a criminal case take in Indiana?
Indiana misdemeanor cases typically resolve in 3–8 months, while felony cases average 8–24 months and can extend longer if proceeding to trial. Indiana Code § 35-33-7-3 establishes sentencing guidelines. Indiana imposes speedy trial requirements: criminal defendants have the right to a speedy and public trial under the Sixth Amendment and Indiana Constitution. Generally, trial should occur within one year of the defendant's first appearance, though delays for case preparation and discovery are common.
What is the difference between a felony, misdemeanor, and Class A/B/C in Indiana?
Indiana distinguishes crimes by severity (Indiana Code Title 35, §35-31): Misdemeanors carry up to 1 year in jail and/or fines up to $5,000 (Class A misdemeanor is up to 1 year and $5,000; Class B is up to 180 days and $1,000; Class C is up to 60 days and $500). Felonies are more serious: Class A felonies carry 30–65 years imprisonment; Class B felonies carry 6–20 years; Class C felonies carry 2–8 years; Class D felonies carry 6 months–3 years. A felony conviction has lasting consequences on employment, housing, and civil rights.
Can a criminal record be sealed or expunged in Indiana?
Yes. Indiana allows record expungement under Indiana Code § 35-38-9. Eligibility depends on the offense type, conviction date, and sentence completion. Most misdemeanor convictions can be expunged after 5 years from the date of conviction. Many felonies can be expunged after 20 years. Acquittals and dismissed charges can often be expunged immediately. A criminal defense attorney can evaluate whether your record qualifies for expungement and file the necessary petition.
What are Miranda rights in Indiana?
Indiana law requires that police inform suspects of their rights before custodial interrogation (based on the Fifth and Sixth Amendments and Indiana Constitution). Officers must advise you: (1) you have the right to remain silent, (2) anything you say can be used against you, (3) you have the right to an attorney, and (4) if you cannot afford an attorney, one will be provided. If police fail to give proper warnings, statements made during custodial interrogation may be ruled inadmissible. Always invoke your right to counsel immediately and do not answer questions without your lawyer present.
What are the top criminal charges in Indiana?
The most common criminal charges in Indiana include DUI (Indiana Code § 9-30-2), drug offenses (§ 35-48-4, drug dealing and possession), theft (§ 35-43-4), assault and battery (§ 35-42-2), and property crimes. In major cities like Indianapolis, Gary, and Fort Wayne, drug possession, drug dealing, burglary, robbery, and vehicle theft are prevalent. Felony charges often involve weapons violations (§ 35-47), manufacturing controlled substances, and aggravated offenses. Statute of limitations vary by offense: most felonies have a 5-year statute of limitations under Indiana Code § 35-41-4; serious crimes may have longer periods.
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