Generally speaking, if you’re convicted of a felony, you may be committed to prison. There are a few exceptions that apply for level 6 felonies which are described below. The term prison is used in reference to a facility of the Indiana Department of Corrections (IDOC). Currently, there are 19 IDOC facilities throughout the state. This include 3 women’s facilities, and 2 intake facilities. The facilities are categorized as being either minimum, medium, and maximum…
In an effort to encourage trial judges to release those arrested of alleged crimes earlier, reduce expenses and overuse of jail resources, enable those arrested to return to their jobs and provide support for their families, and eliminate the unfair incarceration of those who cannot afford a bail, the Indiana Supreme Court adopted Criminal Rule 26. Criminal Rule 26 could completely change the bail/bond process courts use. Instead of assigning bond amounts to those accused…
Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…
Collateral Consequences to a Criminal Charge Everyone knows when you are charged with a criminal case you could face jail time, probation and a fine. However, many times the possible consequences someone suffers can be far reaching and make resolving the case much more complicated. When discussing your case with your attorney you need to make sure you consider how a case might affect you in other ways. Immigration Issues If you are not a…
Refusing a Chemical Test During a DUI Investigation: The Supreme Court’s Recent Ruling: A look at the Supreme Court’s most recent ruling on what counts as “refusing” a chemical test. If you ever find yourself in a position where a police officer suspects that you are intoxicated and is asking if you will submit to a chemical test, your actions are just as important, if not more, than your words when it comes to determining…
Are you or someone you know undergoing a potential grand jury proceeding or facing an indictment? Need help understanding what it all means? This blog will go through the different terms and procedures that most often occur in the indictment and grand jury process. Grand juries are very laid back as compared to typical pre-trial court settings. Most times there is not a judge or defense attorney present and it is just the prosecutor and…
Statute of Limitations on Criminal Offenses in Indiana Worried that you’ve done something that may result in criminal charges being filed against you? For most crimes, there is a limit on how much time can pass between when the crime was committed and when charges are filed. If the State of Indiana waits too long to file charges then they are barred from prosecution and the person cannot then be held criminally liable for the…
What Happens At a Sentencing Hearing in Indiana? There are many situations where someone can be facing a sentencing hearing. Sentencing hearings typically happen after a trial or plea when a person has already been determined guilty, or after a violation of probation has been determined and the next step is to argue the potential sentence a person must serve. A sentencing hearing is one of the most important stages of any criminal proceeding as…