Criminal Lawyer in Muncie, Indiana Jeff Cardella
If you are in need of a top rated criminal defense attorney in Muncie, 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.
I was selected as one of the Top 100 Attorneys by the National Trial Lawyers. I have been recognized as a Top Ten Attorney in the State of Indiana by the American Institute of Criminal Law Attorneys. I was also recognized as a Top 10 Under 40 Criminal Defense Attorney 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.
Call 317-695-7700 for a Free Consultation with a Criminal Attorney about Your Case in Muncie, Indiana
Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Muncie, 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 Muncie, 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 Defense Attorney for Muncie, 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 make 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 Lawyer for Muncie, 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 Muncie, Indiana Legal System with a Criminal Defense Attorney
If you are accused of a felony or misdemeanor in Muncie, 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 find a job, get an education, access public benefits, or find housing.
When facing charges in Muncie, 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 Lawyer in Muncie, 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 charged with a Federal case in Muncie, Indiana, 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 Muncie, Indiana.
Muncie City Court Criminal Defense Attorney
Navigating the legal system in Muncie, Indiana, can be daunting, especially when facing charges in the Muncie City Court. This court handles a variety of cases, primarily misdemeanors and city ordinance violations, such as public intoxication, disorderly conduct, and minor traffic offenses. If you’re dealing with a case in Muncie City Court, it’s critical to understand the procedures and potential consequences. Muncie, Indiana, is a vibrant community, but like any city, it has its share of legal challenges. The Muncie City Court operates under Indiana state law and local ordinances, processing cases efficiently to maintain order in the community. For those charged with a crime, the court process begins with an initial hearing where the charges are presented, and a plea is entered. Missing this hearing in Muncie, Indiana, can result in a bench warrant, leading to potential arrest and further complications. The court also handles pretrial matters, such as bond hearings and plea negotiations, which can significantly impact the outcome of a case. A skilled criminal defense attorney familiar with Muncie City Court can help navigate these proceedings, ensuring your rights are protected. Muncie, Indiana, residents facing charges like DUI, theft, or battery need representation that understands the local judicial system. The Muncie City Court is known for its structured approach to case management, often requiring defendants to comply with pretrial conditions like drug testing or no-contact orders. Penalties for convictions can include fines, community service, or jail time, even for misdemeanors. These consequences can disrupt employment, education, and personal life in Muncie, Indiana. Understanding the court’s expectations and preparing a robust defense is essential. From suppression hearings to plea deals, the right legal strategy can make a significant difference in Muncie City Court. Whether it’s a minor offense or a more serious charge, having an attorney who knows the ins and outs of Muncie, Indiana’s legal landscape can help achieve the best possible outcome.
Muncie City Clerk
The Muncie City Clerk’s office plays a vital role in the legal system of Muncie, Indiana, particularly for those involved in criminal defense cases. The City Clerk maintains critical court records, issues summonses, and manages documentation related to cases heard in Muncie City Court. For individuals facing criminal charges in Muncie, Indiana, accessing these records can be essential for building a defense. The Muncie City Clerk’s office provides public access to court documents, which can include case filings, court dates, and sentencing details. These records are crucial for understanding the specifics of your case and ensuring all procedural requirements are met. In Muncie, Indiana, the City Clerk’s office also facilitates communication between the court and defendants, such as notifying individuals of court appearances or payment obligations for fines. If you’re working with a criminal defense attorney in Muncie, Indiana, they may coordinate with the City Clerk to obtain necessary documentation or clarify procedural matters. For example, if you’re seeking to expunge a record or address a probation violation, the City Clerk’s office can provide the forms and guidance needed to initiate these processes. The office is committed to transparency and efficiency, ensuring that residents of Muncie, Indiana, have access to the information required to navigate the legal system. However, dealing with legal paperwork can be overwhelming without proper guidance. Errors in filings or missed deadlines can complicate your case, potentially leading to additional penalties. The Muncie City Clerk’s office, while helpful, is not a substitute for legal representation. An experienced attorney can work with the Clerk’s office on your behalf, ensuring all documents are filed correctly and deadlines are met. This is particularly important for cases involving DUI, drug possession, or other charges common in Muncie, Indiana, where precise documentation can influence the case outcome.
Muncie Police Department
The Muncie Police Department is a key component of the criminal justice system in Muncie, Indiana, responsible for investigating crimes, making arrests, and gathering evidence for prosecutions. If you’re facing criminal charges in Muncie, Indiana, understanding the role of the Muncie Police Department is essential. The department handles a wide range of cases, from minor offenses like public intoxication to serious crimes such as robbery, drug trafficking, or domestic violence. When an incident occurs in Muncie, Indiana, the police may conduct an investigation, which can involve interviewing witnesses, collecting physical evidence, or obtaining surveillance footage. If you’re arrested by the Muncie Police Department, you’ll likely be processed at their facility before being transferred to the Delaware County Jail or issued a summons. The police report generated during this process is a critical piece of evidence in your case, often detailing the officer’s observations and the basis for the arrest. In Muncie, Indiana, these reports can significantly influence the prosecution’s strategy. A knowledgeable criminal defense attorney can review these reports for inconsistencies or violations of your rights, such as improper search procedures or lack of probable cause. The Muncie Police Department also works closely with the Delaware County Prosecutor’s Office to build cases, which means their involvement doesn’t end with an arrest. For example, in DUI or drug possession cases in Muncie, Indiana, police may provide testimony or evidence like breathalyzer results or seized contraband. Understanding how the Muncie Police Department operates can help your attorney build a strong defense, whether by challenging the evidence or negotiating with prosecutors. The department’s commitment to public safety means they take their role seriously, but this also underscores the importance of having skilled legal representation to protect your rights in Muncie, Indiana.
The Muncie Police Department, located at 300 N High St, Muncie, IN 47305, can be reached at (765) 747-4838. They handle criminal investigations and arrests in Muncie, Indiana, and can provide police reports or information relevant to your case.
For information about the Deleware County Courts generally, or criminal defense represenation in the Courts, click here.
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