If you are in need of a top tier criminal defense attorney in Scottsburg, Scott 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 Scottsburg, Scott County, Indiana ~ Jeff Cardella
The Courts and Criminal Justice System in Scottsburg, Scott County, Indiana
How much do you charge for criminal defense representation in Indiana
The Courts and Criminal Justice System in Scottsburg, Scott County, Indiana
Navigating the criminal justice system in Scott County, Indiana, can feel overwhelming, especially for those unfamiliar with its processes. The system is designed to ensure fairness and justice, balancing the rights of the accused with the need to protect the community. At the heart of this system is the Scott County Circuit Court, located in Scottsburg, which serves as the primary venue for handling criminal cases in the county. This court oversees a range of cases, from minor misdemeanors to serious felonies, and plays a critical role in upholding the rule of law. Understanding how this system operates is essential for anyone facing criminal charges or seeking to support a loved one through the process.
The criminal justice process in Scott County begins when an individual is accused of a crime. This typically starts with an arrest by local law enforcement, such as the Scott County Sheriff’s Office, which operates the county jail and responds to emergency calls. After an arrest, the accused is booked at the jail, where personal information is recorded, and they may be held until their initial court appearance. The Sheriff’s Office ensures the safety and security of detainees while maintaining order in the community. Their role extends beyond arrests, as they also serve court documents and assist with courtroom security, making them a vital part of the justice system.
Once an individual is arrested, their case moves to the Scott County Circuit Court, where the judicial process begins. The initial appearance is a critical step, where the accused is informed of the charges against them and their rights under the law. During this hearing, the court determines whether the individual can afford an attorney. If they cannot, the Scott County Public Defender’s Office may be appointed to represent them. Public defenders play an essential role in ensuring that everyone, regardless of financial situation, has access to legal representation. This step is crucial, as having knowledgeable legal counsel can significantly impact the outcome of a case.
Following the initial appearance, the case progresses to a pretrial conference, where the defense attorney and the Scott County Prosecutor’s Office discuss the case. The prosecutor’s office, located in the same building as the Circuit Court, represents the state’s interests and seeks to uphold justice by prosecuting criminal offenses. During the pretrial conference, the parties may negotiate a plea agreement, which can resolve the case without going to trial. Plea agreements often result in reduced charges or lighter sentences, but they require the approval of the judge. If no agreement is reached, the case may proceed to additional pretrial hearings or a trial.
The Scott County Circuit Court handles both jury and bench trials, depending on the nature of the case. For felony cases, a jury trial is common unless the defendant, their attorney, and the prosecutor agree to a bench trial, where the judge alone decides the outcome. During a trial, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt, a high standard designed to protect the rights of the accused. The defense attorney has the opportunity to cross-examine witnesses, present evidence, and argue on behalf of their client. The court ensures that the process remains fair and that both sides have the opportunity to present their case.
If a defendant is found guilty, either through a trial or a plea agreement, the case moves to the sentencing phase. Before sentencing, a probation officer prepares a report that includes details about the defendant’s background and a recommended sentence. This report helps the judge make an informed decision about the appropriate punishment, which may include jail time, probation, fines, or community service. The defendant and their attorney can present additional information or witnesses to advocate for a lenient sentence. In some cases, individuals may also submit letters to the court to speak on the defendant’s behalf.
The Scott County Sheriff’s Office plays a role in the sentencing phase as well, particularly if the defendant is sentenced to jail time. The county jail, managed by the Sheriff’s Office, houses individuals serving short-term sentences or awaiting trial. The facility is designed to ensure the safety of inmates and staff while providing necessary services, such as medical care and rehabilitation programs. For those sentenced to longer terms, they may be transferred to a state correctional facility, but the Sheriff’s Office oversees the initial incarceration process.
Appeals are another important aspect of the criminal justice system in Scott County. If a defendant believes their trial was unfair or the sentence was unjust, they have the right to appeal to a higher court. The appeal process involves reviewing the trial record to identify any legal errors that may have affected the outcome. The Scott County Circuit Court provides the necessary documentation for appeals, and the public defender’s office may continue to represent the defendant during this process. Appeals can be complex and time-consuming, but they offer an opportunity to seek justice if mistakes were made during the trial.
The Scott County Prosecutor’s Office also plays a role in community outreach and crime prevention. By working with local law enforcement and community organizations, they aim to reduce crime and promote public safety. Programs such as pretrial diversion may be offered to first-time offenders, allowing them to avoid a criminal record by completing certain requirements, such as community service or counseling. These programs reflect the county’s commitment to rehabilitation and reducing recidivism, recognizing that not all cases require harsh punishment.
For those navigating the criminal justice system, understanding the roles of the Circuit Court, Sheriff’s Office, and Prosecutor’s Office is essential. The Scott County Circuit Court serves as the backbone of the judicial process, ensuring that cases are handled fairly and efficiently. The Sheriff’s Office maintains safety and order, both in the community and within the jail. The Prosecutor’s Office seeks to balance justice with compassion, prosecuting crimes while offering alternatives when appropriate. Together, these entities work to uphold the rule of law in Scott County, Indiana, providing a framework for justice that protects both the accused and the community.
Facing criminal charges can be a daunting experience, but resources are available to help. The Scott County Public Defender’s Office provides legal assistance to those who cannot afford an attorney, ensuring that everyone has access to a fair defense. The Circuit Court offers online resources, such as the Indiana Odyssey Case Management System, where individuals can access case information and court schedules. By staying informed and seeking legal counsel, individuals can navigate the system with confidence, knowing their rights are protected.
Scott County Criminal Justice Contact Information
Scott County Circuit Court
Address: 1 E McClain Ave, Scottsburg, IN 47170
Phone: (812) 752-8420
Website: Scott County Circuit Court
Scott County Prosecutor’s Office
Address: 1 E McClain Ave, Scottsburg, IN 47170
Phone: (812) 752-8408
Website: Scott County Prosecutor’s Office
Scott County Sheriff’s Office
Address: 111 S 1st St, Scottsburg, IN 47170
Phone: (812) 752-8400
Website: Scott County Sheriff’s Office
Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Scottsburg, Scott County, Indiana
Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Scottsburg, Scott 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 Scottsburg, Scott 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 Scottsburg, Scott 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 Scottsburg, Scott 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 Scottsburg, Scott County, Indiana Legal System with a Criminal Defense Attorney
If you are accused of a felony or misdemeanor in Scottsburg, Scott 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 Scottsburg, Scott 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.