How can I get criminal charges dismissed in Indiana?

Facing criminal charges in Indianapolis or elsewhere in Indiana can be daunting, but there are several ways charges can be dropped or dismissed. As an experienced Indianapolis criminal defense attorney, I, Jeff Cardella, can help explore these options to protect your future. Call me at 317-695-7700 or email me for a free consultation to discuss your case.

1. Motion for Dismissal Under Indiana Trial Rule 41(B)

2. Outright Dismissal Due to Prosecutorial Discretion

3. Pretrial Diversion Programs

4. Conditional Discharge for Marijuana Possession Under PL340

5. Mental Health Court

6. Veterans Court

7. Drug Court

8. Felony Diversion Programs

1. Motion for Dismissal Under Indiana Trial Rule 41(B)

If your case proceeds to trial, after the state presents its evidence (known as the state resting), the defense can motion for involuntary dismissal under Indiana Trial Rule 41(B). This motion argues that the prosecution’s evidence is insufficient to support a conviction, even when viewed in the light most favorable to the state. If granted by the judge, the case is dismissed without the defense needing to present evidence. This is a powerful tool. 41(B) motions to dismiss often rely on purely technical arguments. For example, I had a client who had repeatedly crossed under the yellow tape at a crime scene because he was angry with what the police were doing and he was charged with entering the crime scene. After the state rested, I argued that the case should be dismissed because the statute says “if a person who is not a fireman . . .” and the State had introduced no evidence that my client was not a fireman. The Judge conceded that it was a purely technical argument (and that we all knew my client was not a fireman) but agreed with me that the State had failed to address this part of the Statute and dismissed the case. In another case, my client was stopped for a traffic violation and a gun was seen in his vehicle. After the State rested, we moved to dismiss, arguing that the State had failed to show that the officer was in a marked vehicle or in uniform. The Judge conceded that these are legal requirements and that it is the state’s job to prove the requirements are met (not the Defense’s job to show they are not met) and dismissed the case. In another case, my client was stopped for not wearing a seat belt and was found to be operating as a habitual traffic violator. After the state rested, we argued that the seatbelt law only applies to vehicles manufactured after a certain year, and that the State had presented no evidence of when my client’s vehicle was manufactured. My client in fact had a new car, but the Judge reluctantly agreed that there was no evidence of this during the trial and that the charge must be dismissed. 41(B) arguments require creativity and in-depth knowledge of the law. With nearly 20 years of trial experience, I can effectively argue such motions to increase your chances of getting charges dropped.

2. Outright Dismissal Due to Prosecutorial Discretion

In Indiana, prosecutors have broad discretion to decide whether to pursue charges. They may choose to dismiss a case if there is insufficient evidence, if the victim does not wish to proceed, or if it is not in the interest of justice. Factors influencing this decision include the severity of the offense, the defendant’s criminal history, and the strength of the evidence. An experienced criminal defense attorney can negotiate with the prosecutor to highlight weaknesses in the case or mitigating circumstances, potentially leading to a voluntary dismissal before trial. If charges are already filed, the prosecutor can file a motion to dismiss under Indiana Code 35-34-1-4. For example, in one case I handled, my client had been out drinking in Broad Ripple. He was so intoxicated that he went to the wrong house, opened the door, said hello to the people who were inside, took off his shoes, and went upstairs and went to bed. The homeowners obviously called the police. We demonstrated to the prosecutor that my client was a college student who had drunk too much, and while the event was certainly unfortunate, it was an isolated incident and he was a good student with a positive future ahead of him. The prosecutor conveyed this message to the homeowners, who agreed with my arguments, and the prosecutor issued an unconditional dismissal of the case, explaining to the Court that dismissal was in the best interests of society.

3. Pretrial Diversion Programs

Pretrial diversion is an alternative to traditional prosecution for eligible defendants, often first-time offenders charged with misdemeanors or low-level felonies. Diversion agreements are extremely common, and I have handled thousands of cases that resulted in dismissal through a diversion. Under Indiana law, such as IC 33-39-1-8, participants enter into an agreement with the prosecutor to complete conditions like community service, restitution, counseling, or drug testing. Upon successful completion, typically within 6-12 months, the charges are dismissed, and no conviction appears on the record. Eligibility varies by county, but generally excludes violent crimes. Some counties are much more generous than others when it comes to diversion agreements. For example, Monroe County will sometimes consent to diversion agreements for people who are on their third or fourth arrest. Morgan County and Delaware County will sometimes consent to diversion agreements on drunk driving cases if the defendant is a student. In Marion County, I have had some situations where felony charges were resolved through a diversion. However, not all counties take the same approach to a diversion agreement, so it is important to talk to a skilled Indiana criminal lawyer who can help you determine if you qualify and guide you through the process to avoid a permanent criminal record.

4. Conditional Discharge for Marijuana Possession Under PL340

Under Indiana Code 35-48-4-12, enacted through Public Law 340, individuals charged with misdemeanor possession of marijuana (less than 30 grams), hashish, salvia, or synthetic cannabinoids can qualify for conditional discharge if they have no prior convictions under Indiana’s controlled substances laws. This program, handled through the court rather than the prosecutor, allows the defendant to plead guilty, but the court defers entering a judgment of conviction and places the person under court custody with specific conditions, such as probation, counseling, or community service. It does not require the offender to be a first-time offender overall, just no prior drug-related convictions. Upon successful completion of the conditions, the court dismisses the charges, and no conviction is entered. This option can only be used once per person. It’s an effective way to avoid a criminal record for qualifying marijuana possession cases. For instance, I represented a client charged with possession of a small amount of marijuana during a traffic stop. Although they had a prior non-drug-related misdemeanor, they had no drug convictions, so we pursued conditional discharge. After completing community service and staying out of trouble for six months, the judge dismissed the case entirely, preserving my client’s clean record for employment opportunities.

5. Mental Health Court

Indiana’s Mental Health Courts, certified as problem-solving courts, divert defendants with diagnosed mental illnesses from traditional criminal proceedings. These courts, available in counties like Marion and Monroe, focus on treatment rather than punishment. Participants undergo supervised mental health treatment, medication management, and regular court check-ins. Successful completion can lead to charge dismissal or reduction. Eligibility typically requires a non-violent offense and a mental health diagnosis. These programs aim to reduce recidivism by addressing underlying issues. I have handled hundreds of cases that went through mental health court. The requirements are more stringent, but it is often worth pursuing dismissal when possible. For example, I had a client who had mental disabilities and sometimes used recreational drugs (which exacerbated his mental health issues). He was honestly more or less harmless, but he did engage in some strange behavior during these episodes, one of which resulted in a felony arrest. My client was unable to support himself due to his low IQ, and it was very important that he not have a conviction so that he could receive government benefits. We were able to get him into the Marion County Mental Health Pair Program and after he completed treatment, all charges were dismissed, and he was able to go on his way with a clean record.

6. Veterans Court

Veterans Courts in Indiana, such as those in Marion County and Lake County, provide specialized support for military veterans facing criminal charges. These problem-solving courts address service-related issues like PTSD, traumatic brain injuries, or substance abuse. Participants receive tailored treatment, mentoring from fellow veterans, and supervision. Upon successful completion, charges may be dismissed or reduced. Eligibility requires veteran status and often non-violent offenses. These programs emphasize rehabilitation over incarceration. Anyone who is eligible for these programs, so long as they are a veteran. In Marion County, it generally doesn’t matter whether the person has seen combat, so long as they are in fact a veteran. For example, I represented a man who was going to lose his job if he received a conviction for a felony shoplift. He had been in the military decades before and had never seen combat. However, he did meet the requirements of the program, and after he completed the program, his case was dismissed, and he was able to maintain his employment.

7. Drug Court

Drug Courts in Indiana are designed for offenders whose crimes are linked to substance abuse. Operating in counties like Allen and Elkhart, these courts offer intensive treatment programs, frequent drug testing, and judicial oversight as an alternative to jail. Participants progress through phases, with incentives for compliance and sanctions for violations. Successful graduation often results in dismissed charges and avoided convictions. Eligibility focuses on non-violent drug-related offenses. These courts reduce recidivism by treating addiction as a health issue. I have handled hundreds of cases that have gone through drug court. Prosecutors and Judges do actually want to see people get better and understand the struggles that can result from addiction. I had one client who was a young gentleman who had four felony drug cases pending in Indianapolis. He was overall a nice person and had never engaged in any violence, but he had a severe addiction to heroin. Four felony convictions on his record would have obviously looked very bad and would have prevented him from obtaining good employment. I was able to get him into the drug court, and after he successfully completed treatment, his entire record was dismissed and expunged, allowing him to move on as if the incidents had never happened.

8. Felony Diversion Programs

Felony diversion programs in Indiana target low-level, non-violent felonies, offering an opportunity to avoid conviction. Similar to pretrial diversion but for higher offenses, these programs require longer commitments, often 18 months, including treatment, restitution, and supervision. Upon completion, charges are dismissed. Counties like Marion and Hamilton offer such programs, with eligibility determined by the prosecutor. These are ideal for first-time offenders. A criminal lawyer can negotiate entry into felony diversion, helping you fulfill requirements to clear your record. Remember that these vary greatly from County to County.