Indianapolis Federal Criminal Defense Lawyer
Southern & Northern District of Indiana Criminal Attorney
Jeff Cardella

If you are in need of a criminal defense attorney for a Federal case in Indianapolis, the Southern District of Indiana, or the Northern District of Indiana, call me at 317-695-7700 for a free consultation or email me at jeffcardella@cardellalawoffice.com I have practiced criminal defense in Indiana for my entire legal career, have well over a decade of experience and taught criminal law at the IU School of Law.
As a criminal lawyer in Indianapolis, I have represented persons accused of a wide variety of crimes, ranging from murder to minor possession of alcohol. I have experience in all stages of criminal litigation, including jury trials, bench trials, suppression hearings, post-conviction relief proceedings, appellate law and oral argument, expungement and sealing of records under the Indiana Second Chance law, civil forfeiture, constitutional challenges under 42 USC 1983, hardship licenses and specialized driving permits, probation violations, and plea negotiations.
Over the course of my career, I have handled thousands of cases and been lead counsel in hundreds of trials.
I have represented members of the legal community, including an Indianapolis criminal defense attorney and two Marion County Sheriff’s deputies. As members of the legal community, these individuals spend a great deal of time in Court and have first hand experience with many different criminal lawyers. These individuals, who had familiarity with many different Indianapolis criminal attorneys, were aware of the high quality of legal representation that I provide and trusted me to serve as their criminal defense lawyer.
My office has been recognized as one of the ten best law firms in the State of Indiana by the American Institute of Criminal Law Attorneys and I have been recognized as one of the top ten criminal defense attorneys in the State of Indiana under the age of forty by the National Academy of Criminal Defense Attorneys. I have taught criminal law at the Indiana University School of Law and have served as a Judge pro tem in Indianapolis. I have represented a fellow criminal defense attorney, an Indianapolis Metro Police Officer, and two former Marion County Sheriff’s deputies after they were arrested and accused of illegal activity. I filed the Federal Class Action lawsuit of Washington v. Marion County Prosecutor, in which Indiana’s vehicle forfeiture statute was held to be unconstitutional, under the Due Process clause of the US Constitution. I also co-authored the amicus brief for the United States Supreme Court case of Timbs v. State of Indiana, in which the United States Supreme Court held that Indiana’s attempts at forfeiture were unconstitutional under the Excessive Fines clause of the US Constitution. I handled over a dozen successful lawsuits against the Indiana Department of Corrections, challenging solitary confinement procedures under the Due Process Clause of the US Constitution. I also filed several successful lawsuits against the Indianapolis Metropolitan Police Department for arrests that violated the First Amendment of the US Constitution. You can find additional information about my career as an Indiana criminal defense attorney and cases that I have handled on my In the News page.
As a criminal defense attorney, I take a client centered approach to each case. When you call my office, you will speak with me directly. Absent an emergency, all client communication is replied to within 24 hours, including weekends. Additionally, absent an emergency, I will be the attorney with you for every court appearance. Some criminal defense law firms take an assembly line approach to handling criminal cases, where a client is passed around by receptionists, paralegals, and different attorneys at each court appearance. As a criminal attorney, I believe that this assembly line approach allows important information to fall through the cracks and that this business tactic is not in the client’s best interest. I treat each client the way I would want to be treated if I were in their shoes, interacting with and representing them directly. I realize that every one of my client’s is a unique person with specific goals, and not merely a file.
As a criminal defense attorney, I believe it is my job to help you get through a case as painlessly as possible – without passing judgment. I am aware that as humans, even the best of us occasionally make mistakes. I believe that anyone in our legal system who is accused of wrongdoing deserves to have a criminal defense attorney fighting for their best interests in court and protecting their Constitutional rights. If you have questions about a case, call my office for a free consultation.
Call 317-695-7700 for a Free Indiana & Indianapolis Criminal Defense Attorney Consultation
Call 317-695-7700 for a free consultation with a Federal Indiana defense attorney if you have questions about a criminal matter in the Northern or Southern District of Indiana. I have practiced criminal defense my entire career, have taught criminal law at the IU School of Law, and have personally handled thousands of cases. I provide reasonably priced (compared to other top criminal attorneys in the State of Indiana) criminal defense representation in the entire State of Indiana, including the Federal Courts and the Seventh Circuit Court of Appeals.
For additional information, please click on any of the following links:
Federal Criminal Defense Attorney in Indianapolis & Indiana Jeff Cardella
Call 317-695-7700 for a Free Federal Indiana & Indianapolis Criminal Defense Attorney Consultation
Navigating the Federal Courts with an Indiana Defense Attorney in Indianapolis
If you are under investigation for or have been charged with a federal crime in Indiana, it’s crucial to understand the process you will face. Federal criminal cases are distinct from state court matters and are handled in the United States District Courts. In Indiana, these federal cases are typically heard in either the Southern District of Indiana (which includes Indianapolis, Terre Haute, Evansville, and New Albany) or the Northern District of Indiana (which includes South Bend, Fort Wayne, Hammond, and Lafayette). Navigating the complexities of the federal legal system can be overwhelming and carry severe consequences, making the guidance of an experienced federal criminal defense attorney essential.
Federal crimes are violations of federal law, enacted by the U.S. Congress. These offenses often involve matters that cross state lines, impact federal agencies, or involve significant amounts of money or drugs. Penalties for federal crimes can be substantial, including lengthy prison sentences, significant fines, and a criminal record that can have far-reaching consequences on your life.
The Federal Criminal Process in Indiana:
While there are similarities to state court, the federal system has its own specific rules and procedures. Here’s an overview of what you can generally expect:
1. Federal Investigation:
Federal investigations are typically conducted by agencies like the FBI, DEA, IRS, Homeland Security Investigations (HSI), and others. These investigations can be lengthy and involve various methods, including surveillance, interviews, grand jury subpoenas, and the execution of search warrants. Federal investigations are initiated when there is suspicion of a violation of federal law. These investigations are typically conducted by specialized federal law enforcement agencies with nationwide jurisdiction. The specific agency involved depends on the nature of the suspected crime:
- Federal Bureau of Investigation (FBI): Handles a broad range of federal crimes, including terrorism, espionage, white-collar crime (e.g., fraud, bribery, public corruption), violent crime, and cybercrime. Their investigations often involve complex surveillance techniques, undercover operations, and extensive interviews.
- Drug Enforcement Administration (DEA): Focuses on violations of federal drug laws, including the manufacture, distribution, and possession of controlled substances. Their investigations can range from local drug trafficking rings to international cartels.
- Internal Revenue Service, Criminal Investigation (IRS-CI): Investigates federal tax violations, money laundering related to tax fraud, and other financial crimes. Their expertise lies in tracing financial transactions and uncovering complex schemes.
- Homeland Security Investigations (HSI): A branch of U.S. Immigration and Customs Enforcement (ICE), HSI investigates a wide array of transnational crimes, including customs violations, human trafficking, intellectual property theft, and financial crimes with a nexus to international activity.
- Other Federal Agencies: Depending on the specific federal law involved, other agencies like the Environmental Protection Agency (EPA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Securities and Exchange Commission (SEC) (though the SEC primarily brings civil actions, it can refer cases for criminal prosecution), and the U.S. Postal Inspection Service may conduct investigations.
Federal investigations often involve sophisticated techniques, including:
- Surveillance: Physical and electronic monitoring of individuals and locations.
- Confidential Informants (CIs) and Undercover Agents: Individuals working with law enforcement to gather information and evidence.
- Grand Jury Subpoenas: Legal orders compelling individuals to testify before a grand jury or produce documents. Refusal to comply can result in contempt of court charges.
- Search Warrants: Court orders authorizing federal agents to search specific locations for evidence of a crime. The execution of these warrants must adhere strictly to the terms outlined in the warrant.
- Interviews: Questioning of potential witnesses or suspects. Individuals have the right to remain silent and the right to an attorney during these interviews.
- Wiretaps and Electronic Surveillance: Court-authorized interception of phone calls, emails, and other electronic communications, which require a high legal standard to obtain.
- Financial Investigations: Tracing the flow of money to uncover financial crimes like money laundering and fraud.
Federal investigations can be protracted, sometimes lasting months or even years before any charges are filed. The involvement of multiple agencies and the complexity of federal law often contribute to this timeline.
2. Grand Jury Indictment:
For most felony offenses in federal court, the prosecution must obtain an indictment from a grand jury. A grand jury is a panel of citizens who review the evidence presented by the prosecutor and determine if there is sufficient probable cause to believe a crime has been committed. If the grand jury returns an indictment, formal charges are filed and the case moves forward.
The Fifth Amendment to the U.S. Constitution requires that for most federal felony offenses, a person must be indicted by a grand jury. This serves as a check on the power of the prosecutor.
- Composition and Function: A federal grand jury in Indiana typically consists of 16 to 23 citizens drawn from the community. Unlike a petit (trial) jury, the grand jury does not determine guilt. Their sole function is to hear evidence presented by the federal prosecutor (an Assistant United States Attorney, or AUSA) and decide whether there is probable cause to believe that a crime has been committed and that the person under investigation committed it.
- Prosecutorial Control: The prosecutor guides the grand jury proceedings, presenting evidence and questioning witnesses. The defense attorney generally does not have the right to be present during grand jury proceedings or cross-examine witnesses.
- Evidence Presented: The prosecutor can present a wide range of evidence to the grand jury, including witness testimony, documents, and physical evidence. The rules of evidence are less stringent in grand jury proceedings than at trial.
- Secrecy: Grand jury proceedings are conducted in secret to protect the integrity of the investigation and the privacy of potential targets.
- The Indictment: If the grand jurors find sufficient probable cause, they will issue an indictment, which is a formal written accusation listing the specific charges against the defendant.
- Information (in Misdemeanor Cases): For federal misdemeanor offenses, the prosecution may proceed by filing a criminal information directly with the court, without the need for a grand jury indictment.
3. Arrest or Notice to Appear:
If the federal investigators believe they have sufficient evidence, you may be arrested by federal agents. Alternatively, you might receive a formal notice to appear in court for an initial hearing.
Once an indictment is issued or a criminal information is filed, the government will take steps to bring the accused before the federal court.
- Arrest: If the individual is not already in custody, federal agents (e.g., U.S. Marshals Service, FBI agents) may execute an arrest warrant. Arrests can occur at the individual’s home, workplace, or other locations. Individuals arrested on federal charges are typically taken to a federal holding facility.
- Notice to Appear (Summons): In some cases, particularly for less serious offenses or when the individual is cooperative, the government may issue a formal notice to appear in court at a specified date and time instead of making an arrest.
4. Initial Appearance and Arraignment:
Your first appearance in federal court is often before a Magistrate Judge. At this hearing, you will be informed of the charges against you, your rights (including the right to remain silent and the right to an attorney), and the potential penalties. The court will also determine conditions of your release, which may include personal recognizance, unsecured bond, secured bond, or detention. In federal court, the arraignment often occurs at this initial appearance or shortly thereafter, where you will enter a plea of guilty, not guilty, or no contest. The initial appearance is the defendant’s first formal appearance before a federal Magistrate Judge.
- Timing: This appearance typically occurs within a short time after arrest.
- Information Provided: The Magistrate Judge will inform the defendant of the charges against them, their constitutional rights (including the right to remain silent, the right to an attorney, and the right to a preliminary hearing if applicable), and the potential penalties associated with the charges.
- Right to Counsel: If the defendant does not have an attorney, the court will inquire about their financial ability to hire one. If the defendant is indigent (unable to afford an attorney), the court will appoint a federal public defender or a panel attorney to represent them free of charge.
- Conditions of Release: The Magistrate Judge will determine the conditions under which the defendant will be released pending further proceedings. This can include:
- Personal Recognizance (ROR): Release on the defendant’s promise to appear in court.
- Unsecured Bond: A financial bond that the defendant only has to pay if they fail to appear.
- Secured Bond: A financial bond requiring the defendant to post cash or property as collateral.
- Third-Party Custody: Release to the care of a responsible third party.
- Electronic Monitoring: Requiring the defendant to wear an electronic monitoring device.
- Travel Restrictions: Limiting the defendant’s ability to travel.
- No Contact Orders: Prohibiting contact with alleged victims or witnesses.
- Pretrial Services Supervision: Regular check-ins with a pretrial services officer.
- Detention: In cases where the court finds the defendant to be a flight risk or a danger to the community, they may be ordered detained pending trial.
- Arraignment: In federal court, the arraignment often occurs at the initial appearance or shortly thereafter. At the arraignment, the defendant enters a plea to the charges:
- Not Guilty: The defendant denies the charges, and the case proceeds towards trial.
- Guilty: The defendant admits to committing the crime(s). The case then moves to the sentencing phase.
- No Contest (Nolo Contendere): The defendant does not admit guilt but acknowledges that the prosecution has sufficient evidence to likely obtain a conviction. This plea has similar consequences to a guilty plea for sentencing purposes but cannot be used against the defendant in most civil proceedings.
5. Detention Hearing:
If the prosecution believes you are a flight risk or a danger to the community, they may request a detention hearing. This hearing will determine whether you will be released on bond or detained pending trial. Federal detention hearings have specific rules regarding the burden of proof and the types of evidence that can be presented.
If the government moves for detention, a detention hearing will be held, typically within a few days of the initial appearance.
- Burden of Proof: In most cases, the government bears the burden of proving by a preponderance of the evidence that the defendant is a flight risk or by clear and convincing evidence that the defendant poses a danger to the community. However, in certain cases, such as those involving serious drug offenses or crimes of violence, the burden shifts to the defendant to show they are not a flight risk or a danger.
- Evidence: The rules of evidence are relaxed in detention hearings, allowing the court to consider a wider range of information, including hearsay.
- Factors Considered: The court will consider various factors in making its detention decision, including:
- The nature and circumstances of the offense charged.
- The weight of the evidence against the defendant.
- The defendant’s history and characteristics, including their family ties, community ties, employment history, financial resources, mental condition, and criminal history.
- Whether the defendant was on probation, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense.
- Importance: The detention hearing is a critical stage, as being detained pending trial can significantly impact the defendant’s ability to assist in their defense.
6. Discovery:
Following the indictment, the “discovery” phase begins. This is where the prosecution is required to disclose certain evidence they intend to use against you at trial. Your attorney will also conduct their own investigation and may seek additional information from the government. Discovery obligations from the Federal Government are generally much lower than what is required in State Court. The discovery phase is crucial for the defense to understand the government’s case and prepare a defense.
- Prosecution’s Obligations: Under Rule 16 of the Federal Rules of Criminal Procedure and the Brady rule, the prosecution is required to disclose certain information and evidence to the defense, including:
- Statements made by the defendant.
- The defendant’s prior criminal record.
- Documents and tangible objects that the government intends to use at trial or that are material to the defense.
- Evidence that tends to negate the guilt of the defendant or mitigate their potential sentence (Brady material).
- Information about the government’s witnesses.
- Defense Obligations: The defense also has limited discovery obligations to the government under the Federal Rules.
- Ongoing Process: Discovery is often an ongoing process that continues throughout the pre-trial phase.
- Importance of Thorough Review: It is essential for the defense attorney to thoroughly review all discovery materials to identify potential weaknesses in the government’s case, potential defenses, and exculpatory evidence.
7. Pre-Trial Motions:
Your attorney may file various pre-trial motions challenging the government’s case. These motions could include motions to suppress illegally obtained evidence, motions to dismiss the indictment, or motions to compel the government to provide further information. Defense attorneys often file various pre-trial motions to challenge the legality of the investigation, the admissibility of evidence, or the sufficiency of the indictment. Common pre-trial motions include:
- Motion to Suppress Evidence: Seeking to exclude evidence that was obtained in violation of the defendant’s constitutional rights (e.g., illegal search and seizure, Miranda violations). If granted, this evidence cannot be used against the defendant at trial.
- Motion to Dismiss the Indictment: Arguing that the indictment is legally insufficient or that there was prosecutorial misconduct in obtaining the indictment.
- Motion for Discovery: Seeking additional information or evidence from the government that has not been disclosed.
- Motion for a Bill of Particulars: Requesting more specific details about the charges in the indictment.
- Motion to Sever Counts or Defendants: Seeking to have separate trials for multiple charges or co-defendants.
- Motion in Limine: Seeking rulings on the admissibility of certain evidence before trial begins.
Hearings are often held on pre-trial motions, where attorneys present arguments and the court makes rulings that can significantly impact the course of the case.
8. Plea Negotiations:
- Purpose: To reach an agreement where the defendant pleads guilty to some or all of the charges in exchange for certain concessions from the prosecution.
- Potential Concessions: These concessions can include:
- Pleading guilty to a lesser offense with a lower potential sentence.
- Dismissal of some of the charges.
- An agreement on a specific sentence or a recommendation to the court regarding sentencing.
- Timing: Plea negotiations can occur at any stage of the proceedings, from the initial investigation through the trial.
- Judicial Involvement: While the judge cannot participate in the plea negotiations themselves, they must approve any plea agreement to ensure it is knowing, voluntary, and supported by a factual basis.
- Strategic Considerations: The decision to enter into a plea agreement involves careful consideration of the strength of the government’s case, the potential risks and rewards of going to trial, and the defendant’s best interests.
9. Trial:
- Right to a Jury Trial: Defendants in federal criminal cases have a constitutional right to a trial by jury. However, the defendant can waive this right and opt for a bench trial, where the judge decides the case.
- Jury Selection (Voir Dire): The process of selecting a fair and impartial jury from a pool of potential jurors. Attorneys for both sides can question potential jurors to identify any biases.
- Presentation of Evidence: The trial involves the presentation of evidence by both the prosecution and the defense. This can include witness testimony, documents, photographs, and other physical evidence.
- Rules of Evidence: The Federal Rules of Evidence govern the admissibility of evidence at trial. These rules are complex and dictate what evidence can be presented to the jury.
- Burden of Proof: The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt for each element of the charged offense. The defendant is presumed innocent and does not have to prove their innocence.
- Cross-Examination: Attorneys have the opportunity to cross-examine the opposing party’s witnesses to challenge their testimony and credibility.
- Closing Arguments: After all the evidence has been presented, the attorneys for both sides will present closing arguments to the jury, summarizing the evidence and arguing their respective positions.
- Jury Instructions: The judge will instruct the jury on the applicable law and the standards they must use to reach a verdict.
- Jury Deliberation: The jury will then deliberate in private to reach a unanimous verdict of guilty or not guilty on each count. A hung jury (where the jury cannot reach a unanimous verdict) may result in a mistrial, and the prosecution may decide to retry the case.
10. Sentencing:
- U.S. Sentencing Guidelines: Federal sentencing is significantly influenced by the U.S. Sentencing Guidelines, which are a complex set of rules and tables that provide a recommended sentencing range based on the offense conduct and the defendant’s criminal history.
- Presentence Investigation Report (PSR): The U.S. Probation Office conducts a presentence investigation and prepares a PSR, which contains information about the offense, the defendant’s background, and other factors relevant to sentencing. Both the prosecution and the defense can object to the PSR.
- Sentencing Hearing: A sentencing hearing is held where the judge hears arguments from both sides regarding the appropriate sentence. The defendant has the right to address the court.
- Factors Considered: In addition to the Sentencing Guidelines, the judge must also consider other factors outlined in 18 U.S.C. § 3553(a), including:
- The nature and circumstances of the offense and the history and characteristics of the defendant.
- The need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.
- The need to afford adequate deterrence to criminal conduct.
- The need to protect the public from further crimes of the defendant.
- The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
- The kinds of sentences available.
- The sentencing range established by the Sentencing Guidelines.
- Any pertinent policy statement issued by the Sentencing Commission.
- The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.
- The need to provide restitution to any victims of the offense.
- Types of Sentences: Federal sentences can include:
- Imprisonment.
- Probation (supervised release in federal court following a term of imprisonment).
- Fines.
- Restitution (payment to victims for their losses).
- Forfeiture (surrender of assets related to the crime).
- Community service.
While the Sentencing Guidelines are advisory, judges must consider them and provide reasons for any significant deviation from the recommended range.
11. Federal Appeal:
If the defendant is convicted, they have the right to appeal their conviction and/or sentence to the United States Court of Appeals for the Seventh Circuit, which covers the state of Indiana.
- Grounds for Appeal: Appeals can be based on various grounds, such as errors in the trial court’s rulings on legal issues, insufficient evidence to support the conviction, or errors in the sentencing process.
- Notice of Appeal: A notice of appeal must be filed within a specific time frame after the entry of the judgment.
- Briefing and Oral Argument: The attorneys for both sides will file written briefs arguing their positions, and in some cases, they will present oral arguments to the appellate court.
- Appellate Court Decision: The Court of Appeals can affirm the trial court’s decision, reverse the conviction or sentence, or remand the case back to the trial court for further proceedings.
- Further Appeal (Supreme Court): In rare cases, a party may seek further review of the Seventh Circuit’s decision by the Supreme Court of the United States, but such review is discretionary and rarely granted.
The Importance of Federal Criminal Defense Counsel:
The federal criminal justice system is intricate and has significant differences from state court. Federal prosecutors often have substantial resources, and the stakes in federal cases are typically very high. Having a skilled and knowledgeable federal criminal defense attorney is critical to:
- Understanding your rights and options.
- Conducting a thorough investigation of your case.
- Challenging the government’s evidence.
- Negotiating the best possible outcome, whether through a plea agreement or at trial.
- Protecting your constitutional rights throughout the process.
- Navigating the complexities of the U.S. Sentencing Guidelines.
If you are facing federal criminal charges in the Southern or Northern District of Indiana, it is imperative to seek legal representation immediately. A knowledgeable federal criminal defense attorney can provide you with the guidance and advocacy you need to navigate this challenging time and protect your future. Call Jeff Cardella at 317-695-7700 for a free consultation or email me at jeffcardella@cardellalawoffice.com
Miscellaneous Information
For questions about specific areas of criminal law, click here. Additional information about my office is also available on the home page and the in the news page.
Frequently Asked Questions
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I handle cases throughout all of Indiana, including the Federal District Courts and Seventh Circuit Court of Appeals.
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My office is located in downtown Indianapolis across the street from Needler’s market. If you are driving to the office and need directions, please use the google map link below:
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