If you are in need of a top tier criminal defense attorney in Rockport, Spencer 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.
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Criminal Defense Attorney in Rockport, Spencer County, Indiana ~ Jeff Cardella
The Courts and Criminal Justice System in Rockport, Spencer County, Indiana
How much do you charge for criminal defense representation in Indiana
The Courts and Criminal Justice System in Rockport, Spencer County, Indiana
The criminal justice system in Spencer County, Indiana, operates as a critical framework for upholding law and order, ensuring public safety, and delivering justice to those accused of crimes. This system is a complex interplay of various entities, including the courts, prosecutors, law enforcement, and defense attorneys, all working within the legal boundaries set by the state of Indiana. Understanding how this system functions is essential for residents, defendants, and legal professionals navigating criminal cases in the county. Below, we explore the key components of Spencer County’s criminal justice system, including its courts, prosecutorial processes, and supporting institutions, while highlighting their roles and procedures.
The Role of the Spencer County Circuit Court
At the heart of Spencer County’s criminal justice system is the Spencer County Circuit Court, located at 200 Main St, Rockport, IN 47635. This court serves as the primary venue for both criminal and civil cases in the county. In criminal matters, the Circuit Court handles a wide range of cases, from misdemeanors such as public intoxication or minor theft to serious felonies like murder, drug trafficking, or child molestation. The court operates under the oversight of the Indiana Supreme Court, which approves specific local rules related to special judges, court reporter services, and caseload allocation plans. Other local rules are adopted without Supreme Court approval, allowing flexibility to address the county’s unique needs.
The Circuit Court follows a structured process for criminal cases, beginning with an initial hearing where defendants enter a plea, typically “not guilty,” to allow time for case preparation. This is followed by the discovery phase, where evidence is exchanged between the prosecution and defense. Pretrial motions, such as motions to suppress evidence, may be filed, and plea negotiations often occur during this stage. If no plea agreement is reached, the case proceeds to trial, where a judge or jury determines the outcome based on evidence presented. The court’s phone number, (812) 649-6020, is a valuable resource for those seeking information about court dates, jury duty, or case documents.
The Spencer County Prosecutor’s Office
The Spencer County Prosecutor’s Office, located at 1083 S CR 25 W, P.O. Box 45, Rockport, IN 47635, plays a pivotal role in the criminal justice system by representing the State of Indiana in all felony and misdemeanor prosecutions. Led by Prosecuting Attorney Megan Bennet since January 1, 2023, the office is responsible for pursuing justice in cases ranging from minor traffic violations to severe crimes like murder. Bennet, a Spencer County native with a law degree from Indiana University McKinney School of Law, has a track record of successfully prosecuting high-profile cases, including convictions for murder and child molestation. The office also handles juvenile adjudications, child support enforcement, and victim assistance programs, ensuring a comprehensive approach to justice.
The prosecutor’s office works closely with law enforcement to build cases, gathering evidence and witness testimonies to meet the high standard of proving guilt beyond a reasonable doubt. Defendants and their attorneys interact with the prosecutor’s office during plea negotiations, which can result in reduced charges or penalties in some cases. The office’s phone number, (812) 649-4004, is available for inquiries about case statuses or victim services.
Spencer County Sheriff’s Office and Jail
The Spencer County Sheriff’s Office, located at 120 N 2nd St, Rockport, IN 47635, is responsible for law enforcement and managing the county jail. The sheriff’s office is the first point of contact for many criminal cases, as deputies respond to incidents, make arrests, and collect initial evidence. The county jail houses individuals awaiting trial or serving sentences for misdemeanor convictions, as well as some felony offenders before transfer to state facilities. The sheriff’s office also provides services like sheriff sales and inmate information, accessible via their phone number, (812) 649-2281.
The jail plays a crucial role in the pretrial process, as defendants may be detained there if they cannot post bail. The conditions and management of the jail are designed to ensure safety and compliance with state regulations. For families or defendants seeking information about incarceration or release procedures, contacting the sheriff’s office directly is recommended.
Criminal Defense in Spencer County
For those facing criminal charges in Spencer County, securing experienced legal representation is critical. Criminal defense attorneys work to protect defendants’ constitutional rights, challenge prosecution evidence, and advocate for the best possible outcomes, whether through plea deals, dismissals, or trials. While no specific criminal defense law firms are located directly in Spencer County based on available information, attorneys from nearby areas, such as Evansville or Indianapolis, often serve clients in Spencer County. For example, firms like Greg Spencer Law in Indianapolis emphasize personalized defense strategies, leveraging prosecutors’ tactics to build strong cases.
Defense attorneys in Spencer County may conduct independent investigations, file motions to suppress illegally obtained evidence, or negotiate with the prosecutor’s office to reduce charges. The importance of communication cannot be overstated, as attorneys must keep clients informed and involved throughout the legal process. The right to remain silent, the right to an attorney, and the right to a fair trial are all safeguarded by skilled defense counsel, ensuring fairness in the system.
Navigating the Criminal Justice Process
The criminal justice process in Spencer County follows a standard sequence, beginning with an arrest or citation by law enforcement, often the Sheriff’s Office. After an arrest, defendants are typically brought before the Circuit Court for an initial hearing, where bail is set, and a plea is entered. The discovery phase follows, allowing both sides to review evidence. Pretrial motions and plea negotiations may resolve the case without a trial, but if the case proceeds, a trial by judge or jury determines guilt or innocence. Post-trial, sentencing or appeals may occur, depending on the outcome.
For defendants, understanding their rights is crucial. The Miranda rights, including the right to remain silent and the right to an attorney, are read during arrests to protect against self-incrimination. Defense attorneys play a vital role in ensuring these rights are upheld, particularly during interrogations or court proceedings. The high stakes of criminal convictions, which can include jail time, fines, probation, or loss of rights (e.g., gun ownership), make legal representation essential.
Spencer County’s criminal justice system, while smaller than urban counterparts like Indianapolis, is robust and tailored to the needs of its approximately 20,000 residents. The close-knit nature of the community means that local attorneys, prosecutors, and judges often have established relationships, which can influence case strategies. Defense attorneys must navigate these dynamics while advocating fiercely for their clients, ensuring that justice is served fairly and impartially.
Conclusion
The criminal justice system in Spencer County, Indiana, is a well-coordinated network of courts, prosecutors, and law enforcement working to maintain public safety and deliver justice. The Circuit Court, Prosecutor’s Office, and Sheriff’s Office each play distinct but interconnected roles, from arresting suspects to prosecuting cases and overseeing trials. For defendants, securing experienced legal representation is crucial to navigating this system effectively.
Key Spencer County Criminal Justice Contacts
Below are important addresses and phone numbers for criminal justice entities in Spencer County, Indiana, to assist those navigating the legal system. These contacts are provided for your convenience and to help you connect with the appropriate authorities.
Spencer County Prosecutor’s Office
Address: 1083 S CR 25 W, P.O. Box 45, Rockport, IN 47635
Phone: (812) 649-4004
The Spencer County Prosecutor’s Office handles all felony and misdemeanor prosecutions in the county, as well as child support enforcement, juvenile adjudications, and victim assistance.
Spencer County Circuit Court
Address: 200 Main St, Rockport, IN 47635
Phone: (812) 649-6020
The Circuit Court oversees criminal and civil cases, including felony and misdemeanor trials, and is the primary court for legal proceedings in Spencer County.
Spencer County Sheriff’s Office & Jail
Address: 120 N 2nd St, Rockport, IN 47635
Phone: (812) 649-2281
The Sheriff’s Office manages the county jail and provides law enforcement services, including inmate information and sheriff sales.
Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Rockport, Spencer County, Indiana
Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Rockport, Spencer 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 Rockport, Spencer 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 Rockport, Spencer 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 Rockport, Spencer 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 Rockport, Spencer County, Indiana Legal System with a Criminal Defense Attorney
If you are accused of a felony or misdemeanor in Rockport, Spencer 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 Rockport, Spencer 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.