I’ve Been Arrested for a Misdemeanor in Indiana, Now What?
For most people, when they are arrested for the first time, they have committed a misdemeanor. These are sometimes called “petty” crimes. However, when someone has been arrested for the first time, nothing seems petty, and the potential penalties for a misdemeanor can sound quite scary. If you’ve been arrested for a criminal charge, it’s crucial to understand your options and the potential consequences you may face. An experienced criminal defense attorney can help you navigate the legal process and protect your rights.
Three Classes of Misdemeanors in Indiana
In Indiana, misdemeanors are divided into three classes:
- Class A Misdemeanor: This carries a penalty that ranges from 0 days in jail up to 1 year in jail, with a maximum fine of $5000.00.
- Class B Misdemeanor: This carries a penalty that ranges from 0 days in jail up to 180 days in jail, with a maximum fine of $1000.00.
- Class C Misdemeanor: This carries a penalty of 0 days in jail up to 60 days in jail, with a maximum fine of $500.00.
If you are arrested for a misdemeanor, a few things can happen. The police may take you directly to jail, where you will either be released or be given a bond that you can post to get out of jail. Alternatively, the police may release you and give you a summons to appear in court at a later date. Regardless of whether you are arrested or summoned, your first hearing will be called an initial hearing. If you hire an attorney before the initial hearing, it’s possible that your attorney can waive this hearing, and you won’t have to appear in court. However, if you do attend, the court will explain the charges you face and the penalties you could be subject to.
Possible Penalties for Misdemeanors
You might be wondering, “What will happen to me if I’m convicted?” The truth is, most people charged with misdemeanors don’t end up in jail. In fact, for most first-time offenders, diversion programs are available. These programs allow you to complete certain requirements—like community service or drug counseling—in exchange for having your charges dismissed.
If you don’t qualify for a diversion program, probation is another possibility. Probation usually involves supervision by a probation officer, and a conviction will appear on your criminal record. The good news is that you may avoid jail time altogether. Understanding the possible penalties for misdemeanors and the different outcomes available can be complex, and having the right legal representation can make a significant difference. If you want to learn more about the potential consequences you could face, it’s important to understand the factors that play a role in determining penalties.
When Jail Time is a Possibility
In some cases, individuals with a significant criminal history, multiple DUI convictions, or severe aggravating factors in their case might face jail time. In these situations, the judge may order that you serve time in jail or under alternatives like home detention or work release. Understanding the distinction between felonies, misdemeanors, and infractions is crucial in knowing how serious your charge is and what penalties you might be looking at. If you’re unclear about what the charges against you mean, it’s always a good idea to consult with an attorney who can explain the legal differences and help you prepare a defense.
How to Proceed After Being Arrested for a Misdemeanor
Facing misdemeanor charges can be an overwhelming experience, but it’s crucial to know that you have options. Whether you are eligible for a diversion program or are facing the possibility of probation or jail time, the first step is to speak with a knowledgeable criminal defense attorney who can guide you through the process.
The Indianapolis criminal defense attorneys at Banks & Brower are ready to assist you 24/7, offering the legal support and guidance you need during this challenging time. Call us at (317) 870-0019 for a free consultation. We are here to help you explore your options and work towards the best possible outcome for your case. If you are unsure about how to proceed in choosing the right criminal defense attorney, be sure to read through key questions to ask when hiring a lawyer.