A Quick Look at How Grand Juries Work in Indiana: In previous blogs, we’ve discussed some of the various ways that criminal proceedings may be initiated against a person. Most often a person is facing charges after a charging information, which is signed by the prosecuting attorney, is filed with the court. The other way formal criminal proceedings begin is by an indictment, which is the initiation of charges following a grand jury proceeding. A…
A Look at Pirtle Warnings – What Officers Must Say Before Searching Your Car or Home Most people today are well aware of the Miranda rights that are typically read by a police officer right before they are arrested and put into custody. The Miranda rights can be used to protect an individual from saying anything that may incriminate them. These rights are invoked when a person in any way indicates that they wish to…
Most people assume that in order for a criminal case to be brought against you, you must be arrested first. What most people don’t realize is that a criminal case can be brought against you one of three different ways. This blog will discuss each option. In a nutshell, regardless of how you end up in court under the three options below, once you are in court, criminal cases all follow the same procedure —…
Below is a chart to help understand the possible penalties that can come with being charged with a crime in Indiana. The chart has been organized from most serious to least serious levels of crime. Murder is in its own category because it carries a higher penalty than any other type of crime. The chart shows the minimum and maximum sentences. The advisory sentence is the sentence that the legislature has recommended to the judges…
Conditional Discharges in Indiana Have you or a loved one found yourself in a situation where you were pulled over or came into some other contact with the police and marijuana was found on you? Are you now facing criminal charges for possession of marijuana? If you do not have a previous conviction of an offense related to a controlled substance and are charged with possession of marijuana as a misdemeanor, you may qualify for…
Possession of a Firearm Without a License The right to bear arms is protected by the U.S. and Indiana State constitutions. The Second Amendment to the U.S. Constitution reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Indiana constitution also addresses the right to arm oneself. Article I section 32 reads, “the people shall have…
Although not commonly used throughout the state, there is a law which creates an avenue for somebody to have their OVWI/DUI case dismissed. The process is called conditional deferral, commonly called a Title 12 deferral and is allowed under Indiana Code 12-23-5. According to this law, if somebody is charged with a crime under IC 9-30-5 (generally, operating a vehicle while intoxicated or operating a vehicle with a BAC above .08), as long as it’s…
Can I Get My Criminal History Expunged and Sealed? Since 2013, the Indiana State Legislature has passed laws providing a means by which individuals can seek to expunge and seal their conviction or arrest records under a certain set of guidelines. Whether an individual’s records will be expunged or not largely depends upon the specific facts and circumstances of the crime. What types of crimes can be expunged? The best way to answer this broad…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.