
If you are in need of a top tier criminal defense attorney in Fort Wayne, Allen 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 Fort Wayne, Allen County, Indiana ~ Jeff Cardella
The Courts and Criminal Justice System in Fort Wayne, Allen County, Indiana
How much do you charge for criminal defense representation in Indiana
The Courts and Criminal Justice System in Fort Wayne, Allen County, Indiana
Fort Wayne, the vibrant hub of Allen County, Indiana, is a bustling city with a population of over 270,000, making it the second-largest city in the state. Situated in northeastern Indiana, Allen County blends urban energy with a rich industrial history, shaped by its role as a manufacturing and transportation center, with landmarks like the historic Embassy Theatre and the Fort Wayne Children’s Zoo. The county’s criminal justice system, centered in Fort Wayne, is a complex network comprising the courts, prosecutor’s office, jail, probation department, and community corrections. This system is tailored to address the unique challenges of a growing metropolitan area with a diverse population and a mix of urban and suburban communities. For individuals navigating this system, understanding its components and the specific characteristics of Allen County is essential, often requiring the guidance of a skilled defense attorney.
The Allen County court system is a cornerstone of the criminal justice process, operating primarily out of two key facilities in Fort Wayne: the Allen County Courthouse at 715 South Calhoun Street and the Charles “Bud” Meeks Criminal Justice Center at 101 East Superior Street. The Allen Superior Court handles the bulk of criminal cases, divided into Criminal, Civil, and Family Relations Divisions. The Criminal Division oversees misdemeanors, felonies, and infractions, with specialized dockets like the Drug Court and Veterans Treatment Court, which focus on rehabilitation for specific populations. The Circuit Court, also based in the courthouse, addresses serious felony cases and civil matters, often handling high-profile cases that draw significant community attention. Given Fort Wayne’s size, the courts manage a substantial caseload—over 2,000 felony cases, 10,000 misdemeanors, and 30,000 infractions annually—reflecting the county’s urban environment and diverse crime patterns, from drug offenses to white-collar crimes tied to the city’s business sector. A criminal attorney familiar with these courts can navigate their busy schedules and specialized programs, ensuring defendants understand the process.
The Allen County Prosecutor’s Office, located in the Keystone Building at 602 South Calhoun Street, plays a critical role in pursuing justice. Led by an elected prosecutor, the office employs deputy prosecutors, investigators, and paralegals who handle a wide range of cases, from check deception to violent crimes like homicide. The office is particularly proactive in addressing issues prevalent in Fort Wayne, such as gun violence and opioid-related crimes, reflecting the county’s urban challenges. It also oversees the Adult Protective Services Unit, serving endangered adults across multiple counties, including Adams and DeKalb, highlighting Allen County’s regional influence. The prosecutor’s office offers programs like the Misdemeanor Complaint Program for victims of non-arrest incidents and an Infraction Deferral Program for traffic violations, which are unique to Allen County’s approach to balancing enforcement with community needs. A criminal lawyer engaging with this office must understand its priorities and programs to effectively represent clients during plea negotiations or evidence challenges.
The Allen County Jail, situated at 417 South Calhoun Street, is a central component of the county’s criminal justice system, managed by the Allen County Sheriff’s Department. With a capacity to hold over 700 inmates, the jail houses individuals awaiting trial, serving short sentences, or awaiting transfer to state facilities. The facility is equipped with modern security systems and offers programs like substance abuse counseling and job training, reflecting Fort Wayne’s emphasis on rehabilitation. The jail’s urban setting means it handles a diverse inmate population, including those charged with crimes linked to the city’s nightlife or industrial areas. Its proximity to the courthouse allows for efficient transport of inmates to hearings, but the high volume of cases can lead to crowded conditions. A criminal defense attorney can assist clients by addressing detention conditions or advocating for access to rehabilitation programs, ensuring their needs are met within the jail’s framework.
The Allen County Probation Department, based in the courthouse, oversees individuals sentenced to probation, ensuring compliance with court-ordered conditions such as drug testing, community service, or employment requirements. The department manages a significant caseload, given Allen County’s large population, and operates specialized programs like HOPE Probation, a 360-day program with four 90-day phases designed for high-risk offenders needing structured supervision. Probation officers in Fort Wayne work closely with the courts, providing detailed reports that influence judicial decisions. The department’s urban focus means it addresses issues like gang-related activity or economic challenges tied to the city’s manufacturing sector. A criminal defense lawyer can help clients navigate probation terms, ensuring they understand expectations and addressing any compliance issues that arise.
Allen County’s Community Corrections program offers alternatives to incarceration, emphasizing rehabilitation and reintegration. Based in Fort Wayne, the program provides options like home detention, work release, and electronic monitoring, tailored to the county’s diverse population. The Allen Superior ReEntry Court, a unique initiative, supports returning inmates with tools like case management and electronic monitoring to facilitate successful reintegration. The Joint Veterans Treatment Court, serving veterans with judicially supervised dockets, is another distinctive feature, addressing the needs of Allen County’s veteran community, which is significant due to Fort Wayne’s proximity to military bases and veteran organizations. These programs reflect the county’s commitment to reducing recidivism while maintaining public safety. A criminal attorney can assist clients in exploring eligibility for these programs, particularly for non-violent offenders, to avoid traditional incarceration.
Allen County’s criminal justice system is shaped by Fort Wayne’s urban dynamics and diverse population. The city’s role as a regional economic hub, with major employers like Parkview Health and General Motors, contributes to a range of criminal cases, from white-collar fraud to drug offenses tied to the city’s transportation networks, including Interstate 69. The county’s cultural diversity, with significant African American, Hispanic, and Burmese communities, influences the types of cases seen in court, such as language-related challenges or culturally specific disputes. The system also addresses issues unique to Fort Wayne’s urban landscape, like crimes associated with its vibrant downtown nightlife or industrial zones. Judges in Allen County often consider community context when making decisions, reflecting the city’s interconnected nature. A criminal lawyer with local expertise can tailor strategies to these dynamics, ensuring effective representation.
The county’s economic and social characteristics further define its criminal justice system. Fort Wayne’s manufacturing and healthcare sectors drive the local economy, but economic disparities in certain neighborhoods contribute to property crimes and drug-related offenses. The city’s growing Burmese refugee population, one of the largest in the U.S., presents unique challenges, such as language barriers in court or cultural misunderstandings in legal proceedings. The criminal justice system adapts to these factors, with initiatives like the Veterans Treatment Court and community corrections programs designed to address specific community needs. The system’s focus on rehabilitation, through programs like Drug Court and HOPE Probation, reflects Fort Wayne’s progressive approach to balancing accountability with support for reintegration.
Navigating the criminal justice system in Allen County requires understanding its interconnected components and the county’s urban context. From arrests handled by the Fort Wayne Police Department or Allen County Sheriff’s Office, often in areas like the Wells Street Corridor or downtown, to the completion of probation or community corrections, each stage involves distinct procedures. The courts’ high caseload, the prosecutor’s proactive stance, and the availability of specialized programs like the ReEntry Court all reflect Allen County’s commitment to addressing its unique challenges. A criminal defense attorney familiar with these elements can guide defendants through the process, from pretrial hearings in the Superior Court to compliance with community corrections terms.
For residents of Fort Wayne and Allen County, facing criminal charges can be daunting in a city where legal issues may impact employment or community standing. A conviction, whether for a misdemeanor like public intoxication or a felony like drug trafficking, can affect one’s ability to work at major employers or participate in events like the Three Rivers Festival. The criminal justice system in Allen County is structured to address these challenges, offering programs that prioritize rehabilitation while maintaining accountability. A criminal defense lawyer with knowledge of Fort Wayne’s system can assist defendants in navigating its complexities, ensuring they understand their options and responsibilities within the county’s framework.
In conclusion, the criminal justice system in Fort Wayne, Allen County, Indiana, is a dynamic network of courts, prosecutors, jail, probation, and community corrections, designed to serve a diverse urban community. The historic courthouse, proactive prosecutor’s office, and innovative programs like the Veterans Treatment Court reflect the county’s commitment to justice and rehabilitation. Shaped by Fort Wayne’s economic, cultural, and social landscape, the system addresses unique challenges like urban crime patterns and diverse community needs. For those facing charges, understanding the local courts, prosecutor priorities, and rehabilitation options is crucial. A criminal defense attorney with experience in Allen County can provide guidance through this system, addressing the specific needs of defendants in a city where justice is both comprehensive and community-focused.
Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Fort Wayne, Allen County, Indiana
Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Fort Wayne, Allen 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 Fort Wayne, Allen, 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 Fort Wayne, Allen, 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 Fort Wayne, Allen, 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 Fort Wayne, Allen County, Indiana Legal System with a Criminal Defense Attorney
If you are accused of a felony or misdemeanor in Fort Wayne, Allen 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 Fort Wayne, Allen 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.