Indiana Criminal Defense Legal Questions

You will need to earn a law degree (which requires the completion of a bachelor's degree before you can be admitted into law school).  Once you have your law degree then you will need to pass the bar exam.  Once you have been sworn in, then you are able to practice in almost all fields (patent law requires a specific bar passage). ... Read More

It really depends on how your charged.  My guess is the Meth charge was a Class D Felony?  It is possible that it could be a Class C, Class B or Class A (Depending on amounts and how close you may have been to a school or park).  As you can see it would really depend on the charge.  A Class D Felony has a sentence range of six (6) months to three (3) years.  But, if it was a Class A Felony you are looking at a sentence range of twenty (20) years to fifty (50) years.  So to answer this question it really would depend on what the charge is. ... Read More

That answer really depends on the county you are in.  For instance in St. Joseph County Traffic and Misdemeanor court, bonds are given back the same day that a case is dismissed or resolved.  But one county over, release of the bond can be delayed by how long it takes for the judges order to be issues.... Read More

What you have been told by prior attorneys is correct.  Felonies generally require the appearance of the defendant before the trial court.  The only resolution that will likely come from this matter is when you appear before the court.  This will either happen because you are picked up on the warrant and extradited to Indiana or you voluntarily turn yourself in.  As for not being able to afford an attorney, the court would likely appoint you a public defender to represent you in this matter.... Read More

Indiana's expungement statutes are very limited.  We have a second chance law that allows for Class D felonies or lower can be "expunged (or sealed)" if more than 8 years have passed from the completion of sentencing.  Also, there is a way to limit your criminal record to only be visible by law enforcement agencies if more than 15 years have passed since your sentencing has been completed.   ... Read More

The vast majority of criminal defense lawyers have done some appellate work.  Probably the best place to start is to go to the county bar association where you live or where you criminal conviction occurred and ask for referrals to attorneys that handle criminal appeals.  They should be able to give you a list or at least a couple of attorneys names.  If that doesn't work, then your next best option would be to just do a search in Google, with terms such as "Indiana criminal appeals attorney"... Read More

Indiana has a Second Chance law, but based on your question you would not qualify under this act, because it only allows for sealing of a record if it is a Class D Felony or lower and it has been eight (8) years "have passed since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence" (which means you have completed your probation requirements as well).   The other option requires that fifteen (15) years have passed since the end of your sentence to request that your criminal record be limited to searches only by law enforcement agencies.  I.C. 35-38-5-5. ... Read More

Failure to appear for a scheduled court date is a serious matter.Since your charge is a felony, I assume you are on bond.  If you fail to appear at a scheduled court date requiring your appearance, a warrant will likely issue for your arrest.  Your bond may be forfeited. In Indiana, failure to appear on a felony charge can result in an additional felony charge being brought against you.If you don’t already have an attorney, I recommend you retain an experienced criminal defense attorney as soon as possible.  If your court date hasn’t yet occurred, and you are too ill to attend court, he or she can seek a continuance.  If you have already missed your court appearance, your counsel can arrange a date and time for you to surrender, and appear in court with you to provide mitigating evidence regarding your non-appearance and  illness and seek your re-release on bond. Your attorney, once familiar with your particular charge and details regarding your illness and any prior record of non-appearances, will be in the best position to advise you of any additional options. If you wait and do nothing, and a warrant for your arrest  has issued, you are subject to arrest at any time.  It will be far better in the long run if you take care of this before that occurs. Jeralyn Merritt, Ask a Lawyer Panelist since 1998... Read More

You always have the right to represent yourself, but unless you have particular skill and legal knowledge appropriate to the task, you will likely be disappointed in your efforts. There's a reason why it takes so much time and effort to become a lawyer. You can always pull your own teeth or remove your own appendix, but that doesn't mean it would be wise to do so! In fact, it would be extraordinarily foolish.... Read More

Shoplifting laws and penalties vary from state to state. Indiana, where your son is charged, treats shoplifting seriously. Stealing property with a value of less than $250.00 can be charged as Criminal Conversion,  a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $5,000.  While it may be unlikely your son would be sentenced to jail absent aggravating circumstances, a conviction will result in a criminal record, which can have long-term negative effects. Even a misdemeanor record can, for example, interfere with the ability to secure employment or rent an apartment. (While Indiana passed a law in 2011 permitting those convicted of certain non-violent misdemeanor and low level felony offenses to apply for an order restricting access to their conviction information to law enforcement, the person must wait 8 years after sentencing before applying.  Here is an explanation of the Housing Enrolled Act (HEA) 1211). Before pleading guilty, I recommend your son consult with an experienced criminal defense attorney in the county in which he is charged, who can advise him  whether he has a viable defense to the charge, and if not, the likelihood of  successfully negotiating with the prosecutor to accept your son for placement in the pre-trial diversion program. Under this program in Indiana, your son would be put on informal probation for a year. During this time,he must not commit another offense and must comply with all program requirements, which may include classes, counseling, and/or community service. If your son is in compliance at the end of the term,  the conversion charge will be dismissed and he will not have a record of conviction. Jeralyn Merritt, Ask a Lawyer Panelist since 1998... Read More

Laws and penalties for alcohol-related driving offenses vary from state to state, but the consequences of conviction are serious in all. In addition to suspension of your driver's license, jail and/or probation, fines and community service, you will be required to undergo a drug and alcohol evaluation and attend classes or complete a treatment program. If granted a probationary license, it will carry restrictions. Your insurance rates will rise. These consequences can be minimized in some states by a plea to a lesser charge, such as reckless driving. There are two kinds of reckless driving, often called "wet reckless" and "dry reckless." Wet reckless refers to reckless driving involving alcohol. Dry reckless driving has no alcohol-related component. For example, in California, first time offenders often plea bargain their case to a "wet reckless." This reduces some but not all of the severe consequences of an alcohol-related conviction. And, if another such charge is lodged within ten years, courts treat the wet reckless as a prior DUI conviction. "Dry reckless" plea bargains do not count as a "prior" if a similar offense is charged in the future and alcohol treatment is not required. Many prosecutors will only offer this option if they perceive a significant weakness in proving the original alcohol charge. In Indiana, where you are from, for first-time offenders with a BAC between 0.08 and 0.15, the offense is a class C misdemeanor. There is no minimum jail requirement but you can be sentenced to up to 60 days in jail and fined. In addition, your driver's license must be suspended for at least 90 days. While the court can suspend execution of the suspension and order a probationary license with limited driving privileges, it will not take effect until your suspension has run 30 days. Also, you will have to undergo a drug and alcohol evaluation and you will be required to obtain high risk insurance for three years. Indiana law allows deferred pleas for DUI/OWI, whereby you don't end up with a permanent record, but as a policy matter, they may not be offered frequently. Indiana does not have a "wet reckless" law like California. Reckless driving in Indiana is a class B misdemeanor with a possible jail sentence of up to 180 days and a fine. If property damage or bodily injury is involved, license suspension can result. In every state, plea bargain policies are likely to vary from county to county. I recommend you contact an experienced DUI/OWI attorney in the county where your charge is pending, who can advise you as to the likelihood of bargaining your charge to reckless driving or a deferred alcohol charge, and, if allowed, the benefits to you. Finally, you may have a defense to the alcohol charge, such as a challenge to the BAC testing or the traffic stop. Given the seriousness of an alcohol- related driving conviction, it is highly advisable to seek expert legal advice before pleading guilty to any offense.... Read More

Driving under a suspended license carries serious penalties. Some states provide for mandatory jail sentences. The penalties are likely to escalate for repeat offenders. In Indiana, where you are from, a first-time driving under suspension offense is a Class A infraction. While jail is not authorized, you can be fined up to $10,000.00. Also, the period of suspension will be extended at least ninety (90) days and up to two (2) years The penalties in Indiana increase for a second conviction of driving under suspension. In order to be convicted of driving under suspension with a prior conviction, the state must prove beyond a reasonable doubt that: (1)you were driving; (2) while your driver's license was suspended; (3) that you knew of the suspension; and (4) less than 10 years had elapsed between the date of a prior, unrelated violation for driving under suspension and the date of the current violation. A conviction for driving under suspension within ten years of an earlier offense in Indiana permits the judge to impose both a jail sentence and a fine. If your offense did not result in bodily injury or death, a driving under suspension conviction within ten years of an earlier offense is a class A misdemeanor, which allows a sentence of up to one year in jail and a fine of not more than $5,000.00. If bodily injury or death occurs as a result of the second offense, the offense is a felony with longer sentences and larger fines. Since a jail sentence is not mandatory in Indiana for a second offense, I recommend you retain an attorney experienced in traffic matters in your county to represent you. After reviewing the facts of your case, he or she can explain any defenses you may have to the charge and the likelihood of conviction. Your attorney can also negotiate a plea agreement with the prosecutor, and should you plead guilty, present a cogent (and hopefully successful) argument to the Court to keep you out of jail.... Read More

The federal crime of conspiracy involves entering into an agreement to commit an unlawful act. In drug cases, it is not necessary that the drug transaction actually occur or even that any member of the conspiracy commit an act in furtherance of the agreement. Nor is it a defense that the object of the conspiracy -- distributing drugs -- never came to fruition, since the crime is the making of the unlawful agreement. It is not necessary that the specific drugs discussed on the telephone be seized or admitted into evidence. However, requests for federal wiretaps are granted only after an agent submits a sworn affidavit to a judge demonstrating probable cause to believe that evidence of a specific crime will come to light through the interception of phone calls. Typically, police or law enforcement agents would have recovered some drugs in the recent past, perhaps through a transaction with an undercover officer, controlled buys using informants, physical surveillance and/or a seizure following a traffic stop, to show the judge that not only is a particular phone being used to discuss drug deals, but that drug transactions actually have occurred. Federal sentencing guidelines for any particular co-conspirator are based on the amount of drugs possessed or distributed by all members of the conspiracy that are reasonably foreseeable to him or her, from the time he or she joined the conspiracy. The guidelines take into account all relevant conduct, not just that involved in the offense of conviction. Upon conviction, the probation department will prepare a report that includes its determination of the quantity of drugs that should be assessed against the person. The defense and prosecution can challenge the amount as too high or too low, and the sentencing judge will make the final decision. The standard of proof for determining drug quantities at a sentencing hearing is a lesser standard than that required to establish guilt (Preponderance of the evidence rather than proof beyond a reasonable doubt.) Federal law also makes it a crime to use the telephone to facilitate a drug transaction. This carries a lesser penalty than conspiracy, however each use of the phone is a separate crime. Federal conspiracy and wiretapping cases are very complex. Federal cases in general are quite different than state cases. Your friend should seek the services of a lawyer experienced in both federal criminal cases and wiretaps. If he or she cannot afford to retain counsel, the court will provide an experienced attorney at no expense.... Read More

When a prospective witness informs the Government he (or she) will refuse to answer questions because the answers might be incriminating, the prosecutor can apply to the Court for an order of use immunity to compel the witness' testimony. Once granted, the witness will have to answer the questions, and the Government will not be allowed to prosecute them for any crimes based on evidence directly or indirectly derived from their testimony. This preserves their constitutional right against self-incrimination. If the witness continues to refuse to answer questions, the prosecutor can move to have them held in contempt and sent to jail until either they decide to answer the questions -- or until the Court determines that no amount of jail time will change their mind. The length of time the witness can be jailed is the amount of time left in the term of the grand jury that is investigating the case. Federal grand juries sit for 18 months. If the case is transferred to a new grand jury, the person could remain jailed while the new grand jury is in session. A witness with use immunity may still be prosecuted, but only based on evidence the Government establishes is not gathered from the protected testimony, but was obtained from legitimate sources independent of his or her testimony. Often, the Government will offer use immunity as a bargaining tool to obtain the witness' testimony and cooperation voluntarily. However, it also may request immunity to force a witness to testify when he or she does not want to cooperate. Either way, if a person has been granted use immunity, the Government is clearly intending to make him a witness, and unless he is willing to serve a jail sentence for refusing to comply with the immunity order, he will have no choice but to be a witness.... Read More

Possession of under 30 grams of marijuana is a class A misdemeanor in Indiana. In some other states it is a petty offense punishable only by fine. The time limit for bringing charges depends on the statute of limitations for drug offenses in your state. It is usually a period of years. Thus, if you don't call the police officer and provide him the information he is expecting from you, he may ask the district attorney to file a misdemeanor charge against you. However, you possessed a very small amount of marijuana. Indiana also allows for "conditional discharge" of persons convicted of possession of marijuana for the first time. This would allow you to plead guilty but the court would then defer further proceedings and place you under supervision for a period of time. If you don't violate the terms of your supervision, at the end of the term, the court will dismiss the charges against you and you will not have a record of conviction for the misdemeanor. You are under no obligation to provide information about others to the police. You may want to retain the services of a criminal defense attorney who can call the police officer and relay your decision not to incriminate others and arrange for you to receive a summons for the marijuana charge so you won't have to be arrested or post bond. It is generally not advisable for potential defendants to directly contact the police because anything you say can, and likely will, be used against you.... Read More

A bench warrant is issued by the court after a defendant fails to appear at a previously scheduled appearance. Usually, your attorney can make arrangements for you to surrender on the bench warrant. He or she can call the prosecutor and explain you want to turn yourself in and they can agree on a date. They may also advise the court that you will be turning yourself in on that date. When you appear in court for the bench warrant, your attorney can present the reasons for your failure to appear on the initial date in a light favorable to you. The judge, at that point, can reinstate your bond and you will be free to leave at the end of the hearing. If you turn yourself in on your own, you may face a greater risk of being held in jail pending a hearing and some uncertainty as to whether the judge will agree to reinstate your bail. I highly recommend that you retain experienced counsel in your jurisdiction to assist you with this process.... Read More

If you were caught with one ounce of marijuana on your person or otherwise in your possession, and you were not in the process of selling or delivering it to someone else, the charge will be simple possession of marijuana. In some states, possession of up to one ounce of marijuana is a petty offense, punishable by a small fine and no jail time. In others, such as Indiana, where you are from, the punishment can be more severe. Indiana law provides that possession of up to 30 grams of marijuana (an ounce is 28.35 grams) for first offenders is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. However, first offenders may also receive a conditional discharge which means that if you stay out of trouble for a certain period of time, you will not end up with a criminal conviction on your record. You may be required to take drug education classes as part of a conditional discharge. If you are not a first offender, meaning you have a prior conviction for marijuana, hashish or hash oil, Indiana provides that possession of up to 30 grams is a felony. Here is a handy chart that shows the penalties for marijuana offenses for all states.... Read More