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:

The Courts and Criminal Justice System in Salem, Washington County, Indiana

Washington County, Indiana, nestled in the heart of Southern Indiana, is a rural community with a rich history and a close-knit population of around 28,000 residents, centered around the county seat of Salem. Known for its rolling hills, historic sites like the John Hay Center, and annual events such as the Old Settlers’ Days festival, the county blends small-town charm with a strong sense of community pride. Its criminal justice system, while sharing similarities with other Indiana counties, has unique characteristics shaped by its size, local culture, and resources. This system encompasses several key components: the courts, the prosecutor’s office, the jail, the probation office, and community corrections, each playing a vital role in maintaining justice and public safety in Salem and the surrounding areas. Below is a detailed exploration of these components, tailored to Washington County’s specific context, with an emphasis on their functions and local nuances, optimized for search engine visibility using terms like defense attorney, criminal attorney, criminal lawyer, criminal defense attorney, and criminal defense lawyer.

The Washington County court system serves as the cornerstone of the local criminal justice framework, handling a wide range of cases from minor infractions to serious felonies. The primary judicial body is the Washington County Circuit Court, located in the historic courthouse on South High Street in Salem, a building that reflects the county’s heritage with its classic architecture. This court, presided over by a single elected judge, handles major criminal cases, including felonies and high-level misdemeanors, as well as civil matters. Additionally, the county has a Superior Court, which primarily focuses on civil cases but can also address certain criminal matters, particularly less severe offenses. Both courts operate under Indiana’s judicial structure, but their small-town setting means judges often know the community well, fostering a personal approach to justice. For instance, the Circuit Court in Salem is known for its efficiency in processing cases due to the county’s relatively low caseload compared to urban areas like Indianapolis. This allows for more individualized attention to each case, though it also means fewer resources for complex proceedings. Individuals facing charges in these courts often seek a criminal defense attorney to navigate the legal process, ensuring their rights are protected through hearings, trials, and plea negotiations.

The Washington County Prosecutor’s Office plays a critical role in the criminal justice system by representing the state in criminal proceedings. Led by an elected prosecuting attorney, this office is responsible for reviewing evidence, filing charges, and presenting cases in court. In Washington County, the prosecutor’s office operates out of a modest office near the courthouse, reflecting the county’s lean administrative resources. The office handles a variety of cases, with a notable focus on drug-related offenses, given the county’s struggles with methamphetamine and opioid issues, which have been a persistent challenge in rural Southern Indiana. Unlike larger counties, the Washington County Prosecutor’s Office has a small staff, often consisting of the elected prosecutor and a few deputy prosecutors, which can lead to a more hands-on approach in case management. A criminal lawyer working in Salem must be adept at negotiating with this office, as plea agreements are common in a jurisdiction where trial resources are limited. The prosecutor’s office also collaborates with local law enforcement, including the Washington County Sheriff’s Department and Salem Police Department, to build cases, often relying on community relationships to gather evidence and witness testimony.

The Washington County Jail, located on Martinsburg Road in Salem, is another key component of the criminal justice system, serving as the primary detention facility for individuals awaiting trial or serving short sentences. This facility, with a capacity of around 100 inmates, is relatively small compared to urban jails, reflecting the county’s modest population. The jail is managed by the Washington County Sheriff’s Department, which emphasizes community-oriented policing in its operations. Inmates in Salem’s jail may include those charged with offenses ranging from minor theft to more serious crimes like drug trafficking or assault. The facility has faced challenges in recent years, including overcrowding during periods of heightened drug-related arrests, prompting local officials to explore alternatives like community corrections. For those detained, access to a criminal defense lawyer is crucial for securing bail or preparing for court appearances. The jail also provides basic rehabilitation programs, such as substance abuse counseling, tailored to address the county’s specific issues with addiction, though resources are limited compared to larger facilities.

The Washington County Probation Office oversees individuals placed on probation as an alternative to incarceration or following a sentence. Located near the courthouse, this office supervises offenders, ensuring they comply with court-ordered conditions such as drug testing, community service, or regular check-ins. In Washington County, the probation office is particularly focused on addressing substance abuse, given the prevalence of drug-related offenses in the area. Probation officers in Salem often work closely with local treatment providers, such as the LifeSpring Community Health Center, to connect offenders with counseling or rehabilitation services. The office’s small staff means officers handle a diverse caseload, from juveniles to adults, and they often tailor probation plans to the individual’s circumstances, reflecting the county’s community-driven approach. A defense attorney in Salem frequently interacts with the probation office to advocate for lenient conditions or to address violations, ensuring clients can successfully complete their probation terms. The office’s emphasis on rehabilitation over punishment aligns with Washington County’s broader efforts to reduce recidivism in a rural setting where resources are stretched thin.

Community corrections in Washington County represent an innovative approach to managing offenders outside traditional incarceration. The county’s Community Corrections program, based in Salem, offers alternatives like home detention, work release, and electronic monitoring, aimed at reducing jail overcrowding and promoting rehabilitation. This program is particularly significant in Washington County, where the rural economy and limited job opportunities can make reintegration challenging for offenders. The Community Corrections office collaborates with local employers and social services to help participants maintain employment and access support, such as job training or addiction treatment. For example, the program may partner with local businesses in Salem, like the Washington County Farmers Market or small manufacturing firms, to provide work opportunities. A criminal attorney representing clients in this program must understand its specific requirements, such as curfews or GPS monitoring, to ensure compliance and advocate for fair treatment. The program’s focus on community reintegration reflects Washington County’s commitment to balancing accountability with opportunities for reform, distinguishing it from more punitive approaches in other jurisdictions.

Washington County’s criminal justice system is shaped by its rural context, which presents both challenges and opportunities. The county’s small population and tight-knit community mean that law enforcement, prosecutors, and court officials often know each other and the residents they serve, fostering a system that values personal connections. However, this can also strain resources, as the county lacks the budget and infrastructure of urban areas like Marion County. For instance, the courthouse in Salem, while historic, is not equipped with the advanced technology found in larger jurisdictions, which can affect case processing times. Similarly, the prosecutor’s office and jail operate with limited staff, requiring creative solutions like community corrections to manage caseloads. The prevalence of drug-related crimes, particularly involving methamphetamine, has also influenced local priorities, with a focus on rehabilitation alongside punishment. A criminal defense lawyer working in Salem must navigate these dynamics, understanding the local culture and resource constraints to effectively represent clients.

The interplay between these components—courts, prosecutors, jail, probation, and community corrections—creates a cohesive yet resource-constrained criminal justice system in Washington County. The Circuit and Superior Courts provide a structured legal process, while the prosecutor’s office drives case progression, often focusing on plea deals to manage caseloads. The jail serves as a temporary holding facility, with efforts to address overcrowding through community corrections, which offers alternatives to incarceration. The probation office bridges punishment and rehabilitation, emphasizing local issues like substance abuse. Together, these elements reflect Washington County’s commitment to justice in a rural setting, where community ties and limited resources shape outcomes. For individuals facing charges, engaging a criminal lawyer familiar with Salem’s system is essential for navigating its unique challenges, from the historic courthouse to the innovative community corrections program.

Washington County Criminal Justice Resources

Below are key contacts for legal and law enforcement institutions in Washington County, Indiana. These resources are provided to assist clients and visitors with navigating the local criminal justice system.

Washington County Prosecutor’s Office

The Washington County Prosecutor’s Office represents the State of Indiana in felony and misdemeanor prosecutions, conducts criminal investigations, supervises Grand Jury proceedings, enforces child support, and provides victim assistance.
Address: 806 Martinsburg Rd, Suite 202, Salem, IN 47167
Phone (Criminal Division): 812-883-6560
Phone (Child Support Division): 812-883-6569
Fax: 812-896-0925
Website: washingtoncounty.in.gov/prosecutor
Hours: Monday – Friday, 8:00 AM – 4:00 PM (Closed on county holidays)

Washington County Circuit Court

The Circuit Court, part of the 42nd Judicial Circuit, handles felony, misdemeanor, civil, and other cases, with unlimited trial jurisdiction except where other courts have exclusive authority.
Address: 801 S Jackson St, Suite 103, Salem, IN 47167
Phone: 812-883-5302
Website: washingtoncounty.in.gov/circuit-court
Hours: Monday – Friday, 8:00 AM – 4:00 PM

Washington County Superior Court

Presided over by Judge Dustin Houchin, the Superior Court has concurrent jurisdiction with the Circuit Court in most cases, except juvenile matters. Attorneys are required to e-file.
Address: 801 S Jackson St, Suite 101, Salem, IN 47167
Phone: 812-883-4949
Website: washingtoncounty.in.gov/superior-court
Hours: Monday – Friday, 8:00 AM – 4:00 PM

Washington County Clerk of Courts

The Clerk of Courts, led by Stephanie K. Rockey, serves as the record keeper for the courts, manages child support collections, and acts as the chief financial officer for court-related funds.
Address: 801 S Jackson St, Suite 102, Salem, IN 47167
Phone: 812-883-5748
Email: [email protected]
Election and Voter Services: 812-883-5748 ext. 1128, [email protected]
Website: washingtoncounty.in.gov/clerk-of-courts
Hours: Monday – Friday, 8:00 AM – 4:00 PM

Washington County Sheriff’s Office and Jail

The Sheriff’s Office, led by Sheriff Brent Miller, manages the county jail and provides public safety services. Contact for inmate information or sheriff services.
Address: 801 S Jackson St, Salem, IN 47167
Phone: 812-883-5999
Email: [email protected]
Website: washingtoncounty.in.gov/sheriff
Hours: Monday – Friday, 8:00 AM – 4:00 PM (Administration Office)

Call 317-695-7700 for a Free Consultation with a Criminal Defense Attorney about Your Case in Salem, Washington County, Indiana

Call 317-695-7700 for a free consultation with an Indiana defense attorney if you have questions about a criminal matter in Salem, Washington 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 Salem, Washington 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 Salem, Washington 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 Salem, Washington 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 Salem, Washington County, Indiana Legal System with a Criminal Defense Attorney

If you are accused of a felony or misdemeanor in Salem, Washington 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

• How much do you charge for criminal defense representation in Indiana?

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.

• Does your office accept Payment Plans?

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:

• Where do you practice?

I handle cases throughout all of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals, and Salem, Washington County, Indiana.