If you are in need of a top tier criminal defense attorney in Peru, Miami County, Indiana, call me at 317-695-7700 for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience and taught criminal law at the IU School of Law.
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, I was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, my office has been recognized as one of the Top 10 Law Firms in the State of Indiana by the American Association of Attorney Advocates, and I have been recognized as one of the Top 10 Criminal Defense Attorneys in the State under the age of forty by the National Academy of Criminal Defense Attorneys. I taught criminal law at the Indiana University School of Law and served as a Judge pro tem in Indiana. 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 Metro Police Department for arrests that violated the First Amendment of the US Constitution. Additionally, I have represented a fellow criminal defense attorney, a Metro Police Officer, and two former Sheriff’s deputies after they were arrested and accused of illegal activity. 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, having familiarity with many different criminal attorneys, were aware of the high quality of legal representation that I provide and trusted me to serve as their Indiana criminal defense lawyer. 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.
I have handled thousands of cases and been lead counsel in hundreds of trials. As a criminal lawyer in Indiana, 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. My office routinely handles a variety of case types. Some of the most common case types that I handle are DUI, drug possession, dealing, white collar offenses, federal drug trafficking charges, possession of a controlled substance, public intoxication, theft, battery, possession of marijuana, domestic battery, resisting law enforcement, disorderly conduct, criminal mischief, trespass, possession of methamphetamine, dealing in methamphetamine, driving while suspended, burglary, robbery, fraud, forgery, invasion of privacy, intimidation, pointing a firearm, operating a vehicle with a suspended license, possession of paraphernalia, maintaining a common nuisance, neglect of a dependent, dealing in a controlled substance, possession of cocaine, dealing in cocaine, murder, homicide, sex and prostitution offenses, operating a vehicle after being adjudged a habitual traffic offender, leaving the scene of an accident, reckless driving, criminal recklessness, stalking, arson, auto theft, check deception, and welfare fraud.
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.
For additional information, please click on any of the following links:
Criminal Defense Attorney in Peru, Miami County, Indiana ~ Jeff Cardella
The Courts and Criminal Justice System in Peru, Miami County, Indiana
How much do you charge for criminal defense representation in Indiana
The Courts and Criminal Justice System in Peru, Miami County, Indiana
Miami County, Indiana, with its county seat in Peru, is a community of approximately 36,000 residents, located in north-central Indiana, about 80 miles north of Indianapolis. Known as the “Circus Capital of the World,” the county celebrates its vibrant history as the winter home of major circuses, with attractions like the Circus City Festival and the International Circus Hall of Fame drawing visitors annually. Peru, a city of about 11,000, serves as the county’s hub, featuring a historic downtown along the Wabash River, centered around the Miami County Courthouse, a Second Empire-style structure built in 1908. The county’s economy blends agriculture, manufacturing, and tourism, with employers like Schneider Electric and the agricultural fields along U.S. Route 24 supporting local livelihoods. Miami County’s location along major routes like U.S. 31 and its cultural heritage shape a unique criminal justice system—encompassing the courts, prosecutor’s office, jail, probation office, and community corrections—that balances community pride with addressing challenges like drug offenses tied to its highway access and rural setting. This exploration delves into these components, highlighting their roles and specific attributes in Peru, optimized for search engine visibility using terms like defense attorney, criminal attorney, criminal lawyer, criminal defense attorney, and criminal defense lawyer.
The Miami County court system is a compact yet efficient framework tailored to the county’s moderate population and rich cultural identity. The county operates one Circuit Court and two Superior Courts, all located at 25 North Broadway in Peru, within the historic Miami County Courthouse, a landmark near community events like the Cole Porter Festival, honoring the county’s native son. The Circuit Court, presided over by an elected judge, handles felony cases, juvenile matters, and civil disputes, including probate and family law, serving as the primary venue for serious criminal proceedings. Superior Court I focuses on misdemeanors, traffic violations, lower-level felonies, and small claims, while Superior Court II specializes in juvenile cases and operates the county’s Drug Court, a certified program for non-violent drug offenders. The courts process common offenses like OWI (Operating While Intoxicated), drug possession, and theft, influenced by Miami County’s access to U.S. 31, which facilitates drug trafficking, and its rural communities like Converse and Amboy, where substance abuse issues persist. The Drug Court combines judicial oversight with treatment and monitoring to address the county’s challenges with opioid and methamphetamine abuse, offering rehabilitation through local providers like the Four County Counseling Center. A criminal defense attorney in Peru must navigate this tri-court system, adapting to the specialized roles of each court and the community-focused approach of local judges.
The Miami County Prosecutor’s Office, also located at 25 North Broadway, Room 116, in Peru, is a critical component of the criminal justice system, representing the State of Indiana in all criminal prosecutions. Led by an elected prosecuting attorney and supported by a chief deputy prosecutor, deputy prosecutors, investigators, and administrative staff, the office handles approximately 1,500 criminal cases annually, with a focus on OWI, drug offenses, domestic violence, and property crimes, reflecting the county’s rural character and economic diversity. The office reviews complaints from law enforcement agencies, such as the Miami County Sheriff’s Department, Peru Police Department, and Bunker Hill Police Department, deciding whether to file charges. It also manages juvenile delinquency cases, enforces child support orders, and operates a Victim Advocate program, providing communication and support to crime victims, a vital service in a county with tight-knit communities like Denver and Mexico. The office’s Pre-Trial Diversion Program allows first-time offenders charged with minor offenses to avoid conviction by completing conditions like community service or counseling, often involving local projects like maintaining the Peru Riverwalk or assisting at the Miami County Fair. A criminal lawyer in Peru frequently engages with this office, negotiating on behalf of clients facing charges like DUI or theft, in a system that balances accountability with fairness while respecting constitutional rights.
The Miami County Jail, located at 1104 West 200 North in Peru, serves as the primary detention facility for individuals awaiting trial or serving sentences for misdemeanor offenses. Managed by the Miami County Sheriff’s Department, the jail is a modern facility with a capacity of approximately 200 inmates, designed to accommodate the county’s law enforcement needs across its 374 square miles. The jail houses pre-trial detainees and those convicted of minor offenses, with common charges including OWI, drug possession, and public intoxication, driven by the county’s highway access and community events like the Circus City Parade. The facility offers services like medical care, educational programs, and substance abuse counseling, emphasizing rehabilitation through partnerships with local recovery groups, addressing the county’s substance abuse issues. The Sheriff’s Department maintains a strong community presence, with deputies participating in events like the Grissom Air Reserve Base open house, fostering trust with residents. Overcrowding is managed through coordination with community corrections, with the jail’s work release program allowing eligible inmates to maintain employment while monitored, often with local employers like Tyson Foods in Peru. A criminal defense lawyer in Peru often interacts with the jail to arrange bail or client visits, navigating its procedures in a facility that balances security with community-oriented sheriff services.
The Miami County Probation Department, based at 25 Court Street in Peru, oversees individuals placed on probation as an alternative to incarceration or following a sentence. Staffed by certified probation officers, the department serves the Circuit and Superior Courts, managing a caseload that includes both adults and juveniles. The department focuses on reducing recidivism through conditions like drug testing, community service, and regular check-ins, tailored to individual needs. In Peru, probation officers collaborate with local organizations, such as the Miami County YMCA and Gilead Ministries, to provide addiction treatment and mentoring, addressing the county’s challenges with substance abuse and youth delinquency. The Juvenile Probation Division works closely with Peru Community Schools and Maconaquah School Corporation to support at-risk youth through educational programs, often involving community service at local sites like the Miami County Museum or Rock Hollow Golf Club. Probationers may participate in community initiatives, such as volunteering at the Peru Farmers Market or maintaining facilities at Mississinewa Lake, to promote reintegration. A defense attorney in Peru works closely with the probation department to ensure clients comply with conditions or address violations, navigating a system that balances rehabilitation with accountability in a community-focused environment.
Miami County Community Corrections, also operating from 25 North Broadway in Peru, provides alternatives to traditional incarceration, focusing on rehabilitation and reducing jail overcrowding. The program offers options like home detention, electronic monitoring, and work release, allowing offenders to maintain employment or family responsibilities while serving their sentences. In Miami County, the program partners with local employers, such as manufacturing firms in Peru’s industrial park or businesses along Broadway Street, to facilitate work release, reflecting the county’s manufacturing-driven economy. The Community Corrections Advisory Board ensures the program aligns with local needs, particularly addressing OWI and drug-related offenses, which are significant due to the county’s highway access and rural dynamics. Participants might engage in community service projects, such as supporting the Miami County 4-H program or cleaning up facilities at the Grissom Arboretum. The program’s emphasis on evidence-based practices, including substance abuse counseling and cognitive-behavioral therapy, promotes community safety and reduces recidivism. A criminal attorney representing clients in this program must understand its specific requirements, such as monitoring protocols, to ensure compliance. The program’s integration with local resources, like the Circus City Festival’s volunteer opportunities, distinguishes its approach from more standardized systems in other counties.
Miami County’s criminal justice system is shaped by its unique position as a culturally vibrant county with a strong agricultural and manufacturing base, with Peru serving as a central hub for legal proceedings. The historic Miami County Courthouse fosters collaboration among courts, prosecutors, probation, and community corrections, but the county’s moderate budget requires efficient resource management. The county’s challenges with OWI and drug-related crimes, driven by its access to U.S. 31 and rural communities, influence the priorities of each component, from the prosecutor’s diversion programs to the jail’s rehabilitation efforts. The Drug Court and Juvenile Probation initiatives reflect Miami County’s commitment to innovative solutions, addressing substance abuse and youth issues despite resource constraints. A criminal defense lawyer in Peru must navigate this interconnected system, understanding its cultural and economic dynamics to effectively represent clients. The county’s cultural landmarks, like the International Circus Hall of Fame and the Wabash River, and its economic reliance on manufacturing and tourism shape a justice system that balances accountability with opportunities for reform.
The interplay of these components—courts, prosecutors, jail, probation, and community corrections—creates a criminal justice system that reflects Miami County’s distinct identity. The Circuit and Superior Courts provide a comprehensive legal process, handling cases with a community-focused approach, while the prosecutor’s office drives case progression, often favoring diversion programs to manage resources. The jail serves as a temporary holding facility, with efforts to address capacity through community corrections, which promotes reintegration through local employment opportunities. The probation department bridges punishment and rehabilitation, leveraging Peru’s dedicated resources to address issues like addiction and youth challenges. Together, these elements balance justice and community welfare in a county known for its circus heritage and rural charm. For individuals facing charges in Peru, a criminal lawyer familiar with Miami County’s system is essential for navigating its unique challenges, from the historic courthouse to the innovative community corrections program.
Miami County, Indiana, with its county seat in Peru, is a community of approximately 36,000 residents, located in north-central Indiana, about 80 miles north of Indianapolis. Known as the “Circus Capital of the World,” the county celebrates its vibrant history as the winter home of major circuses, with attractions like the Circus City Festival and the International Circus Hall of Fame drawing visitors annually. Peru, a city of about 11,000, serves as the county’s hub, featuring a historic downtown along the Wabash River, centered around the Miami County Courthouse, a Second Empire-style structure built in 1908. The county’s economy blends agriculture, manufacturing, and tourism, with employers like Schneider Electric and the agricultural fields along U.S. Route 24 supporting local livelihoods. Miami County’s location along major routes like U.S. 31 and its cultural heritage shape a unique criminal justice system—encompassing the courts, prosecutor’s office, jail, probation office, and community corrections—that balances community pride with addressing challenges like drug offenses tied to its highway access and rural setting. This exploration delves into these components, highlighting their roles and specific attributes in Peru, optimized for search engine visibility using terms like defense attorney, criminal attorney, criminal lawyer, criminal defense attorney, and criminal defense lawyer.
The Miami County court system is a compact yet efficient framework tailored to the county’s moderate population and rich cultural identity. The county operates one Circuit Court and two Superior Courts, all located at 25 North Broadway in Peru, within the historic Miami County Courthouse, a landmark near community events like the Cole Porter Festival, honoring the county’s native son. The Circuit Court, presided over by an elected judge, handles felony cases, juvenile matters, and civil disputes, including probate and family law, serving as the primary venue for serious criminal proceedings. Superior Court I focuses on misdemeanors, traffic violations, lower-level felonies, and small claims, while Superior Court II specializes in juvenile cases and operates the county’s Drug Court, a certified program for non-violent drug offenders. The courts process common offenses like OWI (Operating While Intoxicated), drug possession, and theft, influenced by Miami County’s access to U.S. 31, which facilitates drug trafficking, and its rural communities like Converse and Amboy, where substance abuse issues persist. The Drug Court combines judicial oversight with treatment and monitoring to address the county’s challenges with opioid and methamphetamine abuse, offering rehabilitation through local providers like the Four County Counseling Center. A criminal defense attorney in Peru must navigate this tri-court system, adapting to the specialized roles of each court and the community-focused approach of local judges.
The Miami County Prosecutor’s Office, also located at 25 North Broadway, Room 116, in Peru, is a critical component of the criminal justice system, representing the State of Indiana in all criminal prosecutions. Led by an elected prosecuting attorney and supported by a chief deputy prosecutor, deputy prosecutors, investigators, and administrative staff, the office handles approximately 1,500 criminal cases annually, with a focus on OWI, drug offenses, domestic violence, and property crimes, reflecting the county’s rural character and economic diversity. The office reviews complaints from law enforcement agencies, such as the Miami County Sheriff’s Department, Peru Police Department, and Bunker Hill Police Department, deciding whether to file charges. It also manages juvenile delinquency cases, enforces child support orders, and operates a Victim Advocate program, providing communication and support to crime victims, a vital service in a county with tight-knit communities like Denver and Mexico. The office’s Pre-Trial Diversion Program allows first-time offenders charged with minor offenses to avoid conviction by completing conditions like community service or counseling, often involving local projects like maintaining the Peru Riverwalk or assisting at the Miami County Fair. A criminal lawyer in Peru frequently engages with this office, negotiating on behalf of clients facing charges like DUI or theft, in a system that balances accountability with fairness while respecting constitutional rights.
The Miami County Jail, located at 1104 West 200 North in Peru, serves as the primary detention facility for individuals awaiting trial or serving sentences for misdemeanor offenses. Managed by the Miami County Sheriff’s Department, the jail is a modern facility with a capacity of approximately 200 inmates, designed to accommodate the county’s law enforcement needs across its 374 square miles. The jail houses pre-trial detainees and those convicted of minor offenses, with common charges including OWI, drug possession, and public intoxication, driven by the county’s highway access and community events like the Circus City Parade. The facility offers services like medical care, educational programs, and substance abuse counseling, emphasizing rehabilitation through partnerships with local recovery groups, addressing the county’s substance abuse issues. The Sheriff’s Department maintains a strong community presence, with deputies participating in events like the Grissom Air Reserve Base open house, fostering trust with residents. Overcrowding is managed through coordination with community corrections, with the jail’s work release program allowing eligible inmates to maintain employment while monitored, often with local employers like Tyson Foods in Peru. A criminal defense lawyer in Peru often interacts with the jail to arrange bail or client visits, navigating its procedures in a facility that balances security with community-oriented sheriff services.
The Miami County Probation Department, based at 25 Court Street in Peru, oversees individuals placed on probation as an alternative to incarceration or following a sentence. Staffed by certified probation officers, the department serves the Circuit and Superior Courts, managing a caseload that includes both adults and juveniles. The department focuses on reducing recidivism through conditions like drug testing, community service, and regular check-ins, tailored to individual needs. In Peru, probation officers collaborate with local organizations, such as the Miami County YMCA and Gilead Ministries, to provide addiction treatment and mentoring, addressing the county’s challenges with substance abuse and youth delinquency. The Juvenile Probation Division works closely with Peru Community Schools and Maconaquah School Corporation to support at-risk youth through educational programs, often involving community service at local sites like the Miami County Museum or Rock Hollow Golf Club. Probationers may participate in community initiatives, such as volunteering at the Peru Farmers Market or maintaining facilities at Mississinewa Lake, to promote reintegration. A defense attorney in Peru works closely with the probation department to ensure clients comply with conditions or address violations, navigating a system that balances rehabilitation with accountability in a community-focused environment.
Miami County Community Corrections, also operating from 25 North Broadway in Peru, provides alternatives to traditional incarceration, focusing on rehabilitation and reducing jail overcrowding. The program offers options like home detention, electronic monitoring, and work release, allowing offenders to maintain employment or family responsibilities while serving their sentences. In Miami County, the program partners with local employers, such as manufacturing firms in Peru’s industrial park or businesses along Broadway Street, to facilitate work release, reflecting the county’s manufacturing-driven economy. The Community Corrections Advisory Board ensures the program aligns with local needs, particularly addressing OWI and drug-related offenses, which are significant due to the county’s highway access and rural dynamics. Participants might engage in community service projects, such as supporting the Miami County 4-H program or cleaning up facilities at the Grissom Arboretum. The program’s emphasis on evidence-based practices, including substance abuse counseling and cognitive-behavioral therapy, promotes community safety and reduces recidivism. A criminal attorney representing clients in this program must understand its specific requirements, such as monitoring protocols, to ensure compliance. The program’s integration with local resources, like the Circus City Festival’s volunteer opportunities, distinguishes its approach from more standardized systems in other counties.
Miami County’s criminal justice system is shaped by its unique position as a culturally vibrant county with a strong agricultural and manufacturing base, with Peru serving as a central hub for legal proceedings. The historic Miami County Courthouse fosters collaboration among courts, prosecutors, probation, and community corrections, but the county’s moderate budget requires efficient resource management. The county’s challenges with OWI and drug-related crimes, driven by its access to U.S. 31 and rural communities, influence the priorities of each component, from the prosecutor’s diversion programs to the jail’s rehabilitation efforts. The Drug Court and Juvenile Probation initiatives reflect Miami County’s commitment to innovative solutions, addressing substance abuse and youth issues despite resource constraints. A criminal defense lawyer in Peru must navigate this interconnected system, understanding its cultural and economic dynamics to effectively represent clients. The county’s cultural landmarks, like the International Circus Hall of Fame and the Wabash River, and its economic reliance on manufacturing and tourism shape a justice system that balances accountability with opportunities for reform.
The interplay of these components—courts, prosecutors, jail, probation, and community corrections—creates a criminal justice system that reflects Miami County’s distinct identity. The Circuit and Superior Courts provide a comprehensive legal process, handling cases with a community-focused approach, while the prosecutor’s office drives case progression, often favoring diversion programs to manage resources. The jail serves as a temporary holding facility, with efforts to address capacity through community corrections, which promotes reintegration through local employment opportunities. The probation department bridges punishment and rehabilitation, leveraging Peru’s dedicated resources to address issues like addiction and youth challenges. Together, these elements balance justice and community welfare in a county known for its circus heritage and rural charm. For individuals facing charges in Peru, a criminal lawyer familiar with Miami County’s system is essential for navigating its unique challenges, from the historic courthouse to the innovative community corrections program.
Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Peru, Miami County, Indiana
Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Peru, Miami 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 Peru, Miami 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 Peru, Miami 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 Peru, Miami 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 Peru, Miami County, Indiana Legal System with a Criminal Defense Attorney
If you are accused of a felony or misdemeanor in Peru, Miami 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
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.
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:
I handle cases throughout all of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals, and Peru, Miami County, Indiana.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an Indiana Criminal Defense attorney or attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.