Criminal Attorney in Indianapolis

As a criminal defense attorney, I take a client-centered approach to each case. When you call my office, you will speak with me directly. Absent an emergency, all client communication is replied to within 24 hours, including weekends. Additionally, absent an emergency, I will be the attorney with you for every court appearance. Some criminal defense law firms take an assembly line approach to handling criminal cases, where a client is passed around by receptionists, paralegals, and different attorneys at each court appearance. As a criminal defense lawyer in Indianapolis, I believe that this assembly line approach allows important information to fall through the cracks and that this business tactic is not in the client’s best interest. I treat each client the way I would want to be treated if I were in their shoes, interacting with and representing them directly. I realize that every one of my clients is a unique person with specific goals, and not merely a file.

Misdemeanor Criminal Defense Attorneys in Indianapolis, Indiana

There are three levels of misdemeanor cases in Indiana: Class A misdemeanor, Class B misdemeanor, and Class C misdemeanor. Class A misdemeanor is the most serious while Class C misdemeanor is the least serious. Class A misdemeanor cases carry a minimum sentence of zero days and a maximum sentence of 365 days. Class B misdemeanor cases carry a minimum sentence of zero days and a maximum sentence of 180 days. Class 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 Lawyers in Indianapolis, 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 Attorney for Indianapolis, 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.

Federal Criminal Defense Attorney in Indianapolis, 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 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.

Navigating the Indiana Legal System with a Defense Attorney in Indianapolis

If you are accused of a felony or misdemeanor in Indianapolis, your case will likely be heard in the Marion County Superior Court. The process 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 in 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 Indianapolis, 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.
Your case begins with an investigation. Someone makes a complaint with the police or you are arrested at the scene. If you’re not arrested at the scene, law enforcement might ask a judge for a warrant based on probable cause. If they think you committed a crime, they will likely obtain an arrest warrant. If they suspect you have contraband in your place or vehicle, they can request a search warrant, which might lead to your arrest.
When you are arrested, you will be taken to the jail or arrestee processing center or will receive a summons telling you when to appear in court for the initial hearing. During processing, law enforcement will obtain fingerprints and take your picture. If incarcerated, you will generally have a bond review hearing to determine how much bond must be posted in order to be released. You might merely be ordered to re-appear in Court or you 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, your charges will be read and a plea of not guilty is entered on your 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 Judgment 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.

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 Can I Get Criminal Charges Dismissed in Indiana?

  There are many ways in Indiana to get criminal charges dropped in a criminal case. One powerful option is a motion for involuntary dismissal under Indiana Trial Rule 41(B) after the prosecution rests at trial, arguing that their evidence is insufficient to support a conviction. For example, I represented a client charged with entering a crime scene after crossing yellow tape. I argued that the statute required proof the defendant was not a fireman, which the State failed to provide, leading to dismissal despite the judge noting it was a technical argument. In another case, a client stopped for a traffic violation had a gun found in his vehicle, but we secured dismissal by showing the State didn’t prove the officer was in a marked vehicle or uniform. Similarly, a client charged with operating as a habitual traffic violator after a seatbelt stop had their case dismissed because the State didn’t prove the vehicle’s manufacturing year, a legal requirement. Prosecutorial discretion allows prosecutors to dismiss charges if evidence is weak or justice isn’t served, as seen when I convinced a prosecutor to dismiss charges against a college student who drunkenly entered the wrong house in Broad Ripple, persuading the homeowners and court that dismissal was in society’s interest. Pretrial diversion programs, common for first-time offenders with misdemeanors or low-level felonies, involve conditions like community service, leading to dismissal upon completion. I’ve handled thousands of such cases, including felony diversions in Marion County. Under Indiana Code 35-48-4-12 (Public Law 340), misdemeanor marijuana possession can qualify for conditional discharge if the defendant has no prior drug convictions; I helped a client with a prior non-drug misdemeanor get their marijuana charge dismissed after six months of community service. Mental Health Courts, like Marion County’s, focus on treatment for defendants with mental illnesses, as in a case where a client with a low IQ and felony charge completed treatment to avoid a conviction and retain benefits. Veterans Courts support veterans with issues like PTSD, such as a client who avoided a felony shoplifting conviction to keep his job. Drug Courts address substance abuse, like a client with four felony drug charges whose record was cleared after completing treatment. Felony diversion programs for non-violent felonies also offer dismissal after extended conditions. Each option varies by county and requires skilled navigation. If you are seeking dismissal of a criminal case, click the following link for a more detailed explanation of the various methods to get a case dismissed or contact me for a free consultation at 317-695-7700 or via email.

• Do You Offer Free Consultations as a Criminal Defense Attorney in Indianapolis?

  As a criminal defense attorney in Indianapolis, I provide free consultations to review your case and legal options. With nearly 20 years of experience, teaching at IU McKinney School of Law, and top awards, I’ve handled thousands of cases. Call 317-695-7700 to schedule your consultation.

• Does Your Office Accept Payment Plans?

  We accept flexible payment plans for many legal matters. Click the following link to explore options for affordable criminal defense in Indianapolis and see details about our free consultation and flexible payment plans. Our office also 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:

  

• Can Two Co-Defendants Who Are Arrested Together Use the Same Attorney?

  In Indiana, two people arrested together can share a criminal defense attorney, but potential conflicts of interest may arise, such as when one defendant wants to take a plea deal implicating the other. A conflict of interest waiver, signed by both parties, is required for joint representation. This offers benefits like a unified defense strategy, improved communication, cost savings, and streamlined case management. However, risks include divided loyalty, limited individual attention, and ethical issues if conflicts are severe. If separate attorneys are needed, I work closely with trusted Indianapolis attorneys to provide dedicated representation while maintaining a collaborative defense against the prosecution, ensuring a cohesive strategy. If you and another person were arrested together in Indiana and are considering whether to share a criminal defense attorney or need separate counsel, contact me at 317-695-7700 for a free consultation or email me. Click here to read more about joint representation for co-defendants.

• What Should I Do If I Get Arrested in Indiana?

  If you’ve been arrested in Indianapolis or anywhere in Indiana, taking the right steps immediately can protect your rights and strengthen your defense. Stay calm and don’t resist to avoid additional charges like resisting law enforcement. Exercise your right to remain silent by saying, “I am exercising my right to remain silent and wish to speak with my attorney,” as anything you say can be used against you. Request an attorney immediately, as early legal help can protect you during questioning or bail hearings. Be cautious, as most jail phone calls in Indiana are recorded, except those with your attorney, which are protected by attorney-client privilege; limit calls to arranging bail. Never discuss your case with anyone except your attorney. Write down all details of your arrest (time, location, officers’ names, witnesses) to share with your lawyer. Click the following link for a more detailed look at what you should do if you are arrested in Indiana or contact me for a free consultation at 317-695-7700 or email me.

• What Should I Do If Someone I Know Gets Arrested?

  If someone you know has been arrested in Indiana, you need to act quickly to protect their rights and ensure the best possible outcome. First, stay calm to think clearly and gather essential details, such as the location of the arrest, the jail where they’re being held, and any known charges. This information will help your attorney act effectively. Next, advise the arrested person to exercise their Miranda rights—remain silent and request an attorney immediately—since jail phone calls and visits are often recorded and could be used against them. Then, contact an experienced Indiana criminal defense attorney like Jeff Cardella at 317-695-7700 or email him at jeffcardella@cardellalawoffice.com for a free consultation. With nearly two decades of experience, including teaching criminal law at the Indiana University School of Law and serving as a Judge pro tem, Jeff Cardella can guide you through navigating bail, understanding legal options, and building a strong defense. You should also avoid common mistakes, like discussing the case on recorded lines or delaying legal help, as these can harm the defense. Click the following for a complete guide on the steps to take and mistakes to avoid if someone you know has been arrested, or contact me for a free consultation at 317-695-7700 or via email.

• Where Is Your Office Located?

  My office is located in downtown Indianapolis across the street from Needler’s market. If you are driving to the office and need directions, please use the google map link below: