AN INDIANAPOLIS CRIMINAL DEFENSE LAW FIRM

Criminal Defense Frequently Asked Questions:

Can My Criminal Case Be Dismissed?

Yes. Indiana courts dismiss charges for insufficient evidence, unlawful searches, missed procedural deadlines, and other defects. Most dismissals come from a close review of the evidence. Body camera footage that contradicts the police report, a traffic stop without legal justification, or a mishandled lab sample can each undermine the State’s case. A successful motion to suppress can remove the evidence prosecutors need, leaving them little choice but to drop the charge. 

Should I Talk to Police if I Know I Am Innocent?

No. Tell officers you want a lawyer, then stop answering questions. Many people worry that asking for an attorney makes them look guilty, but prosecutors generally cannot use that request as evidence of guilt at trial. Even truthful answers can create problems, since stress affects memory and details get misstated. Miranda warnings do not apply to every encounter, so a casual conversation can still become part of a case. State your request clearly and out loud.

What Happens at an Initial Hearing?

The initial hearing is your first court appearance, where the judge advises you of your constitutional rights and upcoming deadlines. Under Indiana Rule of Criminal Procedure 2.3, the court enters a preliminary plea of not guilty unless you enter a different plea. The judge typically addresses bond or release conditions and sets the next court date. Until you either have counsel or waive that right, the State cannot negotiate a plea or diversion agreement, and the court cannot accept a guilty plea.

How Much Does Representation Cost?

Cost depends on the level of the charge, the complexity of the evidence, and whether your case goes to trial. A first misdemeanor resolved early requires far less work than a felony involving forensic witnesses, multiple hearings, and a jury. We outline fees during your consultation and offer flexible payment options when possible. You may also ask the court to appoint a public defender if you cannot afford private counsel.

Can a Criminal Case Affect Immigration Status?

Yes. For noncitizens, an arrest, plea, or conviction can lead to deportation, denial of a green card, or a bar to citizenship. Drug, domestic violence, firearm, fraud, and theft offenses draw especially close scrutiny under federal immigration law. Federal law also defines “conviction” more broadly than Indiana courts do, so a plea that seems minor in a Marion County courtroom can still carry immigration consequences. Plea wording often matters as much as the charge itself. Share your immigration status with your defense attorney before accepting any plea.

Can an Old Indiana Case Be Expunged?

In many cases, yes. Indiana allows expungement of arrests, dismissed charges, misdemeanors, and most felonies after a waiting period.  Some dismissals and acquittals qualify for automatic expungement, which takes effect no sooner than 60 days later. Misdemeanor convictions become eligible after five years, and most Level 6 felonies after eight. More serious felonies can also be expunged, though those records stay public with an “expunged” marker. According to the Indiana Office of Court Services, Indiana generally allows only one lifetime petition for convictions, so Banks & Brower reviews your entire record before filing.