Frequently Asked Questions

If you have been arrested, are under investigation by the police or have been questioned by the police, you will most likely require the services of a lawyer. At the very least, you should speak with a lawyer. A lawyer will be able to answer all of your questions and provide you information about the criminal justice process. Also, should the police want to question you, it is essential that you have a lawyer present for that conversation.

If you are in a situation where you think you might need a lawyer, the best way to find out is to ask one. After a lawyer has all of the facts and information regarding your particular situation, they will be able to determine if legal representation is necessary. We offer a free consultation so speaking with us will cost you nothing.

It is an unfortunate truth that people are often accused of crimes they did not commit. This is a harsh reality you need to consider when trying to decide whether or not to hire a criminal defense lawyer. The only way to ensure you are treated fairly within the court system is to seek qualified lawyer representation.

In order to prove that a search is reasonable, police have to prove that a crime is likely to have occurred, and that if a search does take place, they will be very likely to find incriminating evidence. In special circumstances, the police may be able to conduct a search without first obtaining a warrant. Warrantless searches are frequent occurrences in Indianapolis.

A misdemeanor is a relatively minor crime, like shoplifting. More serious crimes are felonies, like rape or murder. 
The major difference is the punishments or sentences for each. Punishment for a felony usually includes more than one year in a state or federal penitentiary or prison, and possibly death. Misdemeanor convictions, on the other hand, usually result in a sentence of less than one year in jail (from a few days to a several months).
Sentences for both misdemeanor and felony convictions may include a fine in addition to time in jail or prison.

The penalties in a criminal case depend entirely on the charges and the circumstances of the case. It is possible that if you are convicted, a judge may sentence you to serve time in jail. Other possible penalties include probation, home detention, work release, restitution to the victim, community service, license suspension, loss of certain rights, and a mark on your permanent record. Certain factors can enhance your penalties, such as having prior criminal convictions on your record, using a weapon to carry out your crime, and committing a crime involving a child.

In determining the amount, if any, of bail that needs to be posted, a judge will consider:

• The nature and seriousness of the charges
• Any prior occasions where the defendant failed to appear for court
• A defendant's prior criminal record
• Connections to the community
• The probability that the Defendant will appear in court
• Sometimes there is no bail, but rather the accused is set free on his "own recognizance," or "O.R." All he has to do is promise to show up at court for trial; no bond is required.
• Courts look at a variety of factors when deciding to release a defendant O.R., the most important factor is the likelihood that the defendant will flee to avoid trial. The judge may look at:
• Whether the defendant's family lives in the area and how long the defendant has lived there
• His past criminal record
• Whether he has a job in the area
• Whether he has the means (financial) to leave the jurisdiction.
   

If you are under investigation by the police, it is recommended that you have an experienced lawyer representing you. A lawyer can help ensure that your rights are protected during the investigation as this is often a time when police and investigators may try to take advantage of you. A lawyer can also ensure that any evidence in your favor is investigated and preserved in the case.

In many cases, a criminal defense lawyer can bring evidence to the attention of police and prosecutors before the charges are even filed, increasing your chances of not being charged. It’s a difficult feat to convince prosecutors to drop charges once they have been filed, so your best bet is to have a lawyer involved as early on in your situation as possible.

We never charge for initial meetings. Whether that meeting is by phone or in person, we will not charge you a dime. We understand that you or your family might want to shop around and find a lawyer that’s the best fit for you. If you do decide you’d like us to represent your interests, we will discuss payment at that point.

Our fees depend largely on the nature of the charges filed against you. There are simple cases and complex cases. We determine our fees after speaking with or meeting you. We do not have a rate schedule like some lawyers do. Rate schedules are unfair as they don't account for cases that may be resolved without a great deal of attorney time. In certain circumstances, we will work with clients in working out payment arrangements.

In some cases we charge a “flat” fee—you pay us once, and that’s all you owe. In other cases, like ones that involve lots of criminal charges or that we expect to go to trial, we will charge an hourly rate. You pay us a retainer and we take money from that amount when we earn it. Then, when the retainer is halfway gone, we ask you to refill it. We will discuss with you the total amount we expect each case to cost, but sometimes, as is the case with jury trials, it’s hard to predict how much that total will be.

You pay for your lawyers’ years of experience in negotiating the criminal justice system, their knowledge of the law, and their familiarity with and ability to negotiate with prosecutors. You also pay for us to do research and write motions on your behalf, to argue at hearings, to gather evidence and do investigations, and if necessary to consult with experts. Your bill will contain a detailed summary of exactly what we did to justify the charges. You should feel free to call us to discuss these charges if there is anything you do not understand or agree with.

If there’s a warrant out for your arrest, you should surrender yourself voluntarily. You will get in more trouble for trying to ignore a warrant than if you surrender peacefully. A judge will then decide if you should receive bail and if so, how much. Assuming you’re released on bail, you’ll have to come to court every time there’s a pre-trial conference or a hearing. You do not have to be present if we take a sworn statement from a witness, or if we meet with the prosecutor. And if you do go to trial or plead guilty, you will have to be in court on those days.

No. If you weren’t read your rights, the only remedy is to have anything you said to the police “suppressed,” or kept away from the jury. So if you weren’t read your Miranda rights (or you didn’t understand those rights) and you gave a confession, that confession could—could—be thrown out. Sometimes this means the prosecutor doesn’t have enough to prove her case against you, and your charges could get dismissed or reduced to lesser crimes. Most times, the prosecutor will have enough to go on that she doesn’t need your confession.

It may be the wisest course for you to go to trial. It may not. That depends on the evidence in your particular case. Some people may admit to us that they did something but still want to make the State prove it beyond a reasonable doubt. Some people say to us that they’re innocent but decide to take a plea anyway, to avoid potential felony convictions or sex offender registration that could come from a jury trial. This is a very personal decision that no one can make for you. We encourage each of our clients to talk about this decision with their family and with us. Whether a client decides to go to trial or to plead guilty, that’s never a decision we take lightly.

Follow this rule of thumb: if you wouldn’t want someone you love to do something, you shouldn’t do it yourself. It is a mistake to think that facing a judge and negotiating with a prosecutor without a lawyer is a simple process. The system is full of ways to trip up criminal defendants—for example, did you know that in Indiana the State has a year to bring you to trial or else it has to dismiss your case? Did you know that there are ways for a defendant to “agree” to let that year go by without going to trial? Do you know what those ways are? This is just one example of the many things you would not have any reason to know ahead of time that a lawyer could catch.

Also, think of the consequences that could come from that one misdemeanor. If it’s an offense relating to drunk driving, you could have your license suspended or even spend time in jail. Misdemeanor battery convictions often have a huge impact on people who want to go into teaching, or childcare, or any sort of medical profession.

Yes they can.

Yes you can.

Yes. The criminal justice system is not like a TV show. The police and prosecutors would love to have physical evidence connecting you to a certain crime, but they don’t need it to get a conviction. All they need is for twelve people to believe beyond a reasonable doubt that you shoplifted, or hit someone, or whatever you are charged with. Our job as defense lawyers is to poke holes in those crazy stories, and to offer the jury another story that makes more sense—one in which you are innocent.

That depends. It could be long or short, in front of a jury or in front of a judge. It could be postponed the morning it’s supposed to begin due to the court’s calendar. Generally though it will follow this pattern: if there is a jury, both lawyers will talk to the jurors and then pick ones they want. The prosecution and then the defense will give opening statements. The prosecution puts on their witnesses, and the defense attorney cross-examines them. Sometimes the defense puts on witnesses—that could be the defendant, alibi witnesses, or character witnesses. There’s no requirement that the defense put on any witnesses at all. The prosecution is allowed to cross-examine the defense witnesses, and then bring any other witnesses it might have for rebuttal. Then both sides make final arguments, and the jury deliberates and gives its verdict.

If you’re found guilty, you’re not usually sentenced that day. Depending on your charges, you might have to stay in jail until you are sentenced. At your sentencing, we will generally bring character witnesses to try to show why you should receive a lower sentence. If you receive a sentence that involves jail time, you are committed to the custody of the Department of Corrections and can begin your appeal.

That depends on a lot of things, including the charges and the judge. Some judges in some courts impose jail time for certain charges, while other judges give probation for the same offense.

It could also depend on whether you plead guilty or not. Some pleas specify a sentence of probation, and if the judge accepts your plea she will impose that sentence. These are all things we will discuss with you in more detail when we take your case.

Probation is a way of monitoring your behavior without keeping you in prison or putting you on house arrest. In some cases you won’t have to report to a probation officer, but usually you will. You will also have to pass urine tests, and your probation officer can search your home whenever she wants while you are on probation. In some cases, like sex crimes, you will also have to obey strict sex offender probation requirements. All of the terms of probation will be explained to you when you sign up for it. If you fail or don’t show up for a drug test, or if you violate one of the terms of probation, your probation can be revoked, and the judge has the ability to put you in jail. If you are sentenced to probation, and your probation is revoked, that is something that you can appeal.

An appeal is your chance to argue that the jury got it wrong or that the trial judge or prosecution violated your rights. You are not allowed to bring new evidence. The process basically consists of our office and the Attorney General’s office arguing on paper, rather than in front of a jury. Sometimes the Indiana Court of Appeals or Supreme Court asks to hear the attorneys argue the case in person, but that does not happen very often. Winning on appeal could mean anything from having your conviction dismissed altogether to getting a new trial. Losing on appeal, in all but one very rare circumstance having to do with sentencing, means you are no worse off than you were before.

An appeal is a very long process, no matter what you were convicted of. When you are convicted and you decide to appeal, you can expect that nothing will happen to your conviction for at least a year, if ever. However, if your conviction is reversed on appeal, you will be released from the DOC, and the conviction will be taken off your record.

It would be unethical for us to give you any guarantees. We can give you our best guess, based on our level of experience, how good a chance you would have with a jury or on appeal. But we cannot tell you that you will definitely win, just as we can’t tell you that you’ll definitely lose.

Absolutely not. Ethically, we can’t make you take a plea or go to trial if that’s not what you want to do. We are here to represent your best interests. We will advise you as to what we think is the best thing to do—sometimes, we will STRONGLY advise you—but we cannot and will not try to force you to do anything.

Not necessarily. We can’t let you take the stand and say something that’s not true. We can’t misrepresent the law or the facts. And we can’t pursue legal arguments that we don’t have a good-faith basis for making. But we can push the envelope for you within the bounds of what we’re ethically allowed to do. 

If you are not truthful with us, it is much harder for us to help you. It doesn’t help you if, for example, we tell the prosecutor to interview someone you swear to us is an alibi witness for you, and it turns out that person was nowhere near the scene of the crime. We are not here to judge you. We are here only to pursue your best interests.

Not at all. You can call us to check on the status of your case, or to talk to us about whether you should take the plea deal, or because you’re really nervous and don’t know who else to talk to. What makes our office different is that we are willing and happy to keep the lines of communication open.

Generally, no. Once you have an adult conviction on your record that conviction is there to stay. In some very limited circumstances, you might be able to get an arrest expunged—like if you were arrested but charges were not filed, or if the State dropped the charges because of a lack of evidence. Otherwise, your best bet is to ask the Indiana State Police to seal your record to everyone but law enforcement (more info here), or else to ask the Governor for a pardon (more info here).

When you are convicted of certain sex crimes—the current list is here—you must be listed on the sex offender registry. This means that your picture will be on the registry’s website, you will not be allowed to live with children, and many other restrictive requirements. Depending on the crime you are convicted of, you may have to register for 10 years or for life. You will have to go down to the Sheriff’s Department and physically update your registration every year for the entire time you are required to register.

However, if you plead guilty to a sex crime that is not a registry offense, but later becomes one, the state of Indiana will not require you to register.