As an Indiana criminal defense attorney, I take a client centered approach to each case.  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 an Indiana criminal lawyer, 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.

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The Courts and Criminal Justice System in Fowler, Benton County, Indiana

Fowler, the county seat of Benton County, Indiana, is a small, rural community with a population of around 2,300, nestled in the heart of northwest Indiana’s agricultural landscape. Known for its expansive farmlands, historic grain elevators, and the annual Benton County Fair, Fowler embodies the quiet charm of a tight-knit farming community. The county itself, with a population of approximately 8,600, is one of Indiana’s smallest, covering 406 square miles of flat, fertile terrain ideal for corn and soybean production. The criminal justice system in Benton County, centered in Fowler, is a streamlined yet comprehensive network comprising the courts, prosecutor’s office, jail, probation department, and community corrections. This system is tailored to serve a rural, agrarian community where local ties and agricultural concerns shape legal proceedings. For individuals navigating this system, understanding its components and the unique characteristics of Benton County is essential, often requiring the guidance of a defense attorney familiar with the area’s distinct dynamics.

The Benton County court system is the foundation of the local criminal justice process, primarily operating out of the Benton County Courthouse at 706 East 5th Street in Fowler. This historic building, constructed in 1874 and listed on the National Register of Historic Places, houses the Benton Circuit Court, the county’s sole court for criminal and civil matters. The Circuit Court, presided over by an elected judge serving a six-year term, handles a range of cases, from misdemeanors like public intoxication to felonies such as drug possession or theft of agricultural equipment, which are particularly relevant in Benton County’s farming economy. The court’s caseload is relatively light compared to urban counties, reflecting the low crime rate in this rural area—often fewer than 100 felony cases annually. This allows for efficient case processing, with hearings typically scheduled promptly. The court also oversees specialized proceedings, such as those related to expungement under Indiana’s Second Chance Law, which is significant in a community where a criminal record can impact employment at local farms or businesses like the Fowler Grain Company. A criminal attorney familiar with the Circuit Court’s procedures can guide defendants through its efficient yet thorough processes.

The Benton County Prosecutor’s Office, located in the Weist Building across from the courthouse at 105 South Lincoln Avenue, is responsible for initiating and pursuing criminal cases. Led by an elected prosecuting attorney, the office handles felony and misdemeanor prosecutions, traffic infractions, and juvenile cases, as well as administering the Indiana Child Support Program and an infraction deferral program for minor offenses. The prosecutor’s office focuses on issues specific to Benton County, such as agricultural crimes—think theft of livestock or farm machinery—given the county’s reliance on farming. Drug-related offenses, particularly those involving methamphetamine, are also a priority due to the county’s proximity to Interstate 65, which can serve as a corridor for drug activity. The office’s small staff fosters a hands-on approach, with prosecutors often working closely with the Benton County Sheriff’s Department and local police in towns like Boswell and Oxford. A criminal lawyer engaging with this office must understand its focus on community safety and rural-specific crimes to navigate plea negotiations or evidence challenges effectively.

The Benton County Jail, situated at 609 East 5th Street in Fowler, is a compact facility managed by the Benton County Sheriff’s Department. With a capacity of approximately 50 inmates, the jail houses individuals awaiting trial, serving short sentences for misdemeanors, or awaiting transfer to state facilities for felony convictions. The facility is modest, reflecting the county’s low incarceration rates, and emphasizes basic security over extensive programming. However, it offers limited rehabilitation services, such as substance abuse counseling, which are critical in addressing the county’s drug-related issues. The jail’s small size means staff often know inmates personally, creating a unique dynamic where local ties can influence the detention experience. For example, inmates from farming families may receive consideration for work release to maintain agricultural operations during planting or harvest seasons. A criminal defense attorney can assist clients by addressing detention conditions or advocating for access to these limited programs, ensuring their needs are met within the jail’s framework.

The Benton County Probation Department, based in the courthouse, oversees individuals sentenced to probation, ensuring compliance with court-ordered conditions like drug testing, community service, or restitution. The department is small, with a handful of probation officers serving the county’s low population, which allows for personalized supervision. Officers often conduct home visits in rural areas like Otterbein or Ambia, monitoring compliance while considering local factors, such as the seasonal demands of farming. The department prepares presentence investigation reports for the Circuit Court, particularly for felony cases, and emphasizes rehabilitation to support the county’s tight-knit community. For instance, probation terms may be tailored to allow defendants to continue working at local businesses like the Boswell Elevator or area farms. A criminal defense lawyer can help clients understand and meet these probation requirements, addressing any issues that arise during supervision.

Benton County’s Community Corrections program, also managed from Fowler, provides alternatives to incarceration, such as home detention, work release, and electronic monitoring. Established with state funding, the program is designed to suit the county’s rural character, allowing offenders to maintain employment in agriculture or small businesses while serving sentences. The work release program is particularly significant, as it enables defendants to work on farms during critical seasons, supporting both their livelihoods and the county’s economy. The program also collaborates with local organizations to offer counseling and job training, aiming to reduce recidivism in a community where social ties are strong. Unlike urban counties, Benton County’s community corrections emphasizes flexibility to accommodate the agricultural calendar, such as adjusting monitoring schedules during harvest time. A criminal attorney can assist clients in exploring eligibility for these programs, particularly for non-violent offenses like DUI or minor theft.

Benton County’s criminal justice system is deeply influenced by its rural, agricultural identity. The county’s economy revolves around farming, with major crops like corn and soybeans driving local livelihoods. This agricultural focus shapes the types of cases seen in court, such as disputes over farm equipment or livestock theft, which are less common in urban areas. The county’s small population and low crime rate—among the lowest in Indiana—mean the system operates on a personal level, with judges, prosecutors, and probation officers often familiar with defendants and their families. The county’s location near Interstate 65 also introduces drug-related challenges, as trafficking routes pass through the area, leading to cases involving methamphetamine or prescription drugs. Cultural events like the Benton County Fair and the Oxford Old Fashion Days festival reinforce community ties, and a criminal record can significantly impact one’s ability to participate in these events or secure employment at local institutions like Purdue University’s nearby research farms. A criminal lawyer with local expertise can navigate these unique dynamics, tailoring strategies to the county’s context.

The county’s rural setting and community values further define its criminal justice system. Fowler’s historic downtown, with its grain elevators and small businesses, reflects a community where personal relationships matter. The criminal justice system prioritizes rehabilitation, recognizing that offenders often remain part of the community after their sentences. For example, judges may consider community input, such as letters from local farmers or clergy, when making sentencing decisions, reflecting Benton County’s interconnected nature. The system also addresses unique rural challenges, such as ensuring defendants can meet probation or community corrections requirements while maintaining farm operations. A criminal defense attorney familiar with these local nuances can guide defendants through the system, addressing the specific needs of a rural community.

Navigating the criminal justice system in Benton County requires understanding its interconnected components and the county’s agrarian context. From arrests handled by the Benton County Sheriff’s Department or local police in towns like Earl Park, often along rural routes like State Road 18, to the completion of probation or community corrections, each stage involves distinct procedures. The Circuit Court’s efficiency, the prosecutor’s focus on agricultural and drug-related crimes, and the availability of flexible community corrections programs all reflect Benton County’s commitment to serving its residents. A criminal defense lawyer with knowledge of Fowler’s system can assist defendants at each stage, from initial hearings to compliance with probation terms.

For residents of Fowler and Benton County, facing criminal charges can be particularly impactful in a small community where reputations are closely tied to social and economic roles. A conviction, whether for a misdemeanor like disorderly conduct or a felony like drug possession, can affect one’s ability to work on family farms or participate in community events like the Fowler Fall Festival. The criminal justice system in Benton County is structured to balance accountability with rehabilitation, offering programs that support reintegration into the community. A criminal attorney with experience in this system can help defendants navigate its complexities, ensuring they understand their options and responsibilities within the county’s framework.

In conclusion, the criminal justice system in Fowler, Benton County, Indiana, is a cohesive network of courts, prosecutors, jail, probation, and community corrections, designed to serve a rural, agricultural community. The historic courthouse, community-focused prosecutor’s office, and flexible rehabilitation programs reflect the county’s commitment to justice and local values. Shaped by Benton County’s farming economy and small-town dynamics, the system addresses unique challenges like agricultural crimes and drug trafficking. For those facing charges, understanding the local courts, prosecutor priorities, and rehabilitation options is crucial. A criminal defense attorney with experience in Benton County can provide guidance through this system, addressing the specific needs of defendants in a community where justice is personal and community-driven.

Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Fowler, Benton County, Indiana

Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Fowler, Benton County, 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 criminal defense representation (compared to other top criminal attorneys in the State) and practice in the entire State of Indiana. I look forward to hearing from you.

Misdemeanor Criminal Defense Attorney for Fowler, Benton County, Indiana

There are 3 levels of misdemeanor cases in Indiana which are A misdemeanor, B misdemeanor, and C misdemeanor. A misdemeanor is the most serious while C misdemeanor is the least serious. A misdemeanor cases carry a minimum sentence of zero days and a maximum sentence of 365 days. B misdemeanor cases carry a minimum sentence of zero days and a maximum sentence of 180 days. C misdemeanor cases carry a minimum sentence of zero days and a maximum sentence of 60 days. Misdemeanor cases carry lesser penalties than felony cases, but the conviction itself can still make it more difficult to obtain employment, so it is important not to brush off a misdemeanor criminal charge.

Level 6 Felony Criminal Defense Attorney for Fowler, Benton County, Indiana

A level 6 felony carries a potential penalty range of ½ a year to 2.5 years with 1 year being the presumptive sentence. While a level 6 felony is a low level felony, being a convicted felon can carry serious penalties beyond the sentence, including the loss of legal rights such as the right to possess a firearm. Being a convicted felon can also ake it more difficult to obtain employment. Some (but not all) level 6 felony cases are eligible for alternate misdemeanor sentencing, which is often called AMS for short. AMS allows what would otherwise be a low level felony to be converted to a misdemeanor. AMS is most often addressed at the time of sentencing. However, if AMS is not brought up at the time of sentencing, AMS can still be requested at a later point in time. AMS generally can be ordered (1) at the front – meaning that on the day of sentencing, the conviction will go on the defendant’s record as a misdemeanor, or (2) at the back – meaning that the conviction will begin as a felony but can change if the defendant successfully completes the sentence. It is important to remember that when AMS is ordered at the back, if there are violations of probation, it is likely that the conviction will stay a felony.

Major Felony Criminal Defense Attorney for Fowler, Benton County, Indiana

Felony cases that are level 1, 2, 3, 4, and 5 are considered major felony cases. Murder cases are the most serious major felony charge. A level 5 felony carries a potential penalty range of 1 year to 6 years with 3 years being the presumptive sentence. A level 4 carries a potential penalty range of 2 years to 12 years with 6 years being the presumptive sentence. A level 3 felony carries a potential penalty range of 3 years to 16 years with 9 years being the presumptive sentence. A level 2 felony carries a potential penalty range of 10 years to 30 years with 17.5 years being the presumptive sentence. A level 1 felony carries a potential penalty range of 20 years to 40 years with 30 years being the presumptive sentence. A murder case carries a potential penalty range of 45 years to 65 years with 55 years being the presumptive sentence.

Navigating the Fowler, Benton County, Indiana Legal System with a Criminal Defense Attorney

If you are accused of a felony or misdemeanor in Fowler, Benton County, Indiana, the process generally starts with a summons or arrest and can end with charges being dropped or a conviction through a guilty plea or trial. Without a good defense attorney, the process can be confusing and stressful and put your liberty at jeopardy.  In Indiana, misdemeanors can carry up to a year of incarceration and felonies can result in prison time for longer periods of time.  Even a short period of incarceration can cause an individual major life problems, such as loss of employment.

Convictions also have long-lasting effects, like court-mandated supervision, fines, drug treatment programs, community service, and more. Plus, the stigma of a conviction makes it more difficult to tough to find a job, get an education, access public benefits, or find housing.

When facing charges in Indiana, your first move should be to call a good and knowledgeable criminal defense attorney.

Jeff Cardella has helped thousands of clients dealing with felonies and misdemeanors in Indiana. Jeff Cardella provides solid legal representation and is committed to defending your rights.

Cases generally begin with an investigation. Someone makes a complaint with the police or an individual might be arrested at the scene.  When an on scene arrest does not occur, law enforcement might ask a judge for a warrant based on probable cause. If police think you committed a crime, they can seek a Judicial arrest warrant. If they suspect you have contraband or evidence in your place or vehicle, they can request  a search warrant, which might lead to your arrest.

If an arrest occurs, the individual is taken to the jail or will receive a summons telling them when to appear in court for the initial hearing. During processing, law enforcement will obtain fingerprints and take the defendants picture.  If incarcerated, the defendant will generally have a bond review hearing to determine how much bond must be posted in order to be released. The defendant might merely be ordered to re-appear in Court or might be supervised by Pretrial Services (which could mean drug tests, reporting in person or by phone, GPS ankle monitoring, and/or no contact orders).

At the initial hearing, charges will be read and a plea of not guilty is entered on the defendant’s behalf.

As the case progresses, there will be hearings before the Judge.  If there is a failure to appear, a warrant is likely to be issued, which can result in being incarcerated until trial.  The prosecutor might make plea or diversion offers at any status hearing. Deferred Prosecution is an agreement where the prosecutor agrees to dismiss your case if you do certain things (pay money, community service, classes, etc).  A plea offer is a deal negotiated between the prosecutor and you that might result in dismissal of some charges or a lighter sentence.

Any motions to suppress evidence based on Constitutional violations will likely be heard at these hearings.

If there is no diversion, dismissal, or plea, then the case will generally proceed to trial. 

Before trial, your defense attorney plans a defense strategy. The trial starts with opening statements from the prosecutor and your defense attorney. The prosecutor presents their case, calling witnesses and questioning them. Your attorney is allowed to cross-examine each witness.  After the state rests, the Defense Attorney will often move for Judgement on the Evidence, arguing that the case should be dismissed for lack of evidence.  The defense then has the opportunity to present evidence (although a defendant has a right to remain silent).   

After each side makes closing arguments, the Jury will decide if you are guilty or not guilty.  If convicted, the judge decides your sentence, considering things like the severity of the crime and your criminal history.

Federal Criminal Defense Attorney in Indiana

Federal cases generally carry far harsher penalties as compared with State cases. It is not rare that a charge that would result in probation in State Court could result in over a decade of prison in Federal Court. If you are being charge with a Federal case it is important to take the case very seriously as many federal cases result in significant prison time. It is also important to be mindful that Federal cases are far more time consuming for the attorney and legal representation can be very expensive. For more information about representation in Federal Court, click here.

Miscellaneous Information

For questions about specific areas of Indiana criminal law, click here.   Additional information about my office is available on the home page and the in the news page.

Frequently Asked Questions

• How much do you charge for criminal defense representation in Indiana?

For the majority of cases, I charge a flat fee.  This fee varies from case to case and can be affected by many factors, such as the level of the charges, the likelihood of a trial or litigation, the amount of trial preparation that is anticipated, and the actual county.  I am of the opinion that my fees are very reasonable, compared to other top criminal attorneys in the State of Indiana.  However, for people who are looking for bargain basement pricing or low end discount legal services, there might be better options.  There are many alternative lawyers for those who are looking for attorneys at the lower end of the price spectrum.  If you realistically know that you are looking for options at the lower end of the price spectrum, it may be a good idea to contact attorneys that have internet advertisements, as an attorney who is willing to pay to provide a free consultation is generally in need of business and might offer lower fees.

• Does your office accept Payment Plans?

We accept flexible payment plans for many legal matters.  Our office allows for “Buy Now Pay Later” through Affirm.  If you use the “Buy Now Pay Later” option, it is important to remember that qualification for a loan goes through Affirm and our office has no ability to approve eligibility.  Using “Buy Now Pay Later” is similar to using a credit card in that the repayment plan would be between you and Affirm.  In order to learn more about the “Buy Now Pay Later” option, click this option on the payment page of my website:

• Where do you practice?

I handle cases throughout all of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals, and Fowler, Benton County, Indiana.