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…
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…
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 —…
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…
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…