Navigating the Stages of a Criminal Case in Indiana

Facing criminal charges can be a daunting and overwhelming experience. Understanding the stages of a criminal case in Indiana can help you feel more prepared and knowledgeable about the legal process. In this article, we will discuss the various stages of a criminal case in Indiana and provide insight into what to expect at each stage. As a criminal defense attorney, my goal is to help you navigate this complex process, protect your rights, and achieve the best possible outcome for your case.

1.Investigation

The first stage of a criminal case is the investigation. During this phase, law enforcement officers gather evidence and conduct interviews to determine whether a crime has been committed and identify any potential suspects. If law enforcement believes they have sufficient evidence, they may make an arrest or seek an arrest warrant from a judge. Sufficient evidence is determined by the low standard of probable cause, rather than the highest standard of beyond a reasonable doubt. Even hearsay or one person’s word against another’s can be used as evidence to determine whether probable cause exists. As a potential client, it's crucial to remember that anything you say during an investigation can be used against you, and it's essential to consult with an attorney before speaking with law enforcement.

2. Arrest and Initial Hearing

Following the investigation, charges will be brought against the defendant. Prosecutors evaluate the evidence gathered in the investigation, and they make the ultimate determination whether a formal criminal charge is filed, and what exactly those charges will be.  A common misconception is that the police charge people with crimes. They do not have the power to bring a formal charge against anyone. However, they can arrest on probable cause or submit their gathered evidence to the prosecutor. They often recommend the appropriate charge, but the prosecutor is the only official who has the authority to determine the actual charge, and file the proper charging document with the court.

There are several ways that a defendant may become aware that they will be or have been charged with a criminal offense. 1) Following the investigation and charge filed by the prosecutor, the defendant receives a summons mailed to their last known address. The summons explains that a charge has been filed, and a date and time to appear in court is listed. 2) Following the investigation and charge filed by the prosecutor, an arrest warrant is issued by a judge. Some people are lucky enough to find out about the warrant, and can take proactive steps to address it through an attorney. However, most people find out they have been charged with a crime when the police visit their residence to serve the warrant, or more commonly, they come into contact with police and arrested on the warrant. Traffic stops for an infraction are the most common way defendants are arrested on the warrant. 

If you are arrested, you will be taken into custody and processed. This usually involves fingerprinting, photographing, and recording personal information. You will then be scheduled for an initial hearing, also known as an arraignment, where you will appear before a judge. At the initial hearing, you will be informed of the charges against you, your rights, and the potential penalties if convicted. In Indiana Judges generally will not accept a plea of guilty at the initial hearing. Typically, a plea of not guilty is automatically entered on your behalf. It may be the first opportunity to address bail and pretrial release. In some instances, it may be necessary for your attorney to file a motion requesting a bond reduction, and a separate hearing would then be held. If this motion is not filed as soon as possible, this may result in delay of your release for up to several weeks. At your initial hearing, the judge will also set a series of dates establishing upcoming events and deadlines in your case, including pretrial conferences and sometimes a tentative trial date.

It is vital to have an attorney representing you at this stage to ensure that your rights are protected, important deadlines are not missed, and all arguments are properly made on your behalf to protect your rights and freedoms during the pretrial phase of the case.

Even when a summons has been issued, you may still be taken into custody at the initial hearing. The representation of an attorney at the initial hearing is absolutely critical because they will know the proper arguments and law to be asserted to avoid you being taken into custody in court and held in the jail. 

3. Bail and Pretrial Release

At your initial hearing, the judge will determine whether you will be released pending trial and under what conditions. The judge may set bail, which is a monetary amount that you must pay to be released from custody. The purpose of bail is to ensure that you will return for your court appearances. In some cases, the judge may release you on your recognizance, which means that you do not have to pay bail but must promise to return for all court appearances. In some instances, additional requirements called conditions of pretrial release may be imposed, such as no contact orders with certain people or reporting requirements to check in with a pretrial services supervisor. Your attorney can argue for your release on your own recognizance or for a reduced bail amount, based on factors such as your ties to the community, your criminal history, and the nature of the charges against you.

If the Judge has not released you or has set a bond in an amount that you cannot afford, your attorney can file a motion to reduce your bond. A separate hearing would be held in which detailed and thorough evidence and arguments can be made. Your attorney can prepare the presentation for you, call witnesses, present evidence, make legal arguments and respond to any arguments made by the prosecutor for your continued incarceration.

4. Discovery and Pretrial Motions

During the discovery phase, the prosecution and defense exchange information and evidence related to the case. This process allows both sides to evaluate the strength of their case and identify potential weaknesses. Your attorney will review the evidence against you and may file pretrial motions, such as motions to suppress evidence or dismiss charges, based on legal or procedural issues. There are certain procedures and deadlines that must be met to use the discovery and pretrial motions phase most strategically. This is the phase where most tactical decisions are made, and it can sometimes be where cases are won or lost. This discovery process determines the strength of your case at trial, and it establishes your bargaining position in the plea bargaining process. 

5. Plea Bargaining

Many criminal cases are resolved through plea bargaining, which is a negotiation between the prosecution and the defense. The prosecution may offer a plea deal in which you agree to plead guilty to a lesser charge or accept a reduced sentence in exchange for a guilty plea. Your attorney will discuss the pros and cons of any plea offer with you and help you decide whether to accept the offer or proceed to trial.

A popular myth about plea bargaining is that the prosecutor is required to make an offer, or that he/she must make at least 3 offers. This myth is absolutely false. Statistics show that at least 95% of cases are resolved through plea bargaining. It is a vital process in the criminal justice system. However, the prosecution is not required to make any plea offer or engage in negotiations. The courts have consistently held that a defendant has no constitutional right to a plea bargain whatsoever. 

6. Trial

If your case proceeds to trial, both the prosecution and defense will present their case before a judge or jury. Your attorney will present evidence, question witnesses, and make legal arguments on your behalf. The prosecution has the burden of proving your guilt beyond a reasonable doubt, which is a high standard of proof. If the prosecution fails to meet this burden, you will be acquitted. If you are found guilty, the case will proceed to sentencing.

7. Sentencing

If you are convicted, either through a plea agreement or a trial, the case moves to the sentencing phase. During this stage, the judge determines the appropriate punishment for your conviction, which may include imprisonment, fines, probation, community service, or a combination of these penalties. The judge will consider various factors, such as the nature and severity of the crime, your criminal history, and any mitigating or aggravating circumstances. Your attorney will have the opportunity to present evidence and make arguments on your behalf to advocate for a more lenient sentence.

8. Appeals

If you are convicted and believe that there were legal errors made during your trial or sentencing, you have the right to appeal your conviction or sentence to a higher court. The appeals process is different from the trial process, as it focuses on whether legal errors were made that affected the outcome of your case rather than a reevaluation of the evidence. Your attorney will file a brief with the appellate court, outlining the legal errors and arguing for a reversal of your conviction or a reduction in your sentence. The prosecution will also file a brief, defending the trial court's decision. The appellate court may request oral arguments from both sides before making a decision.

9. Post-Conviction Relief

If your appeals are unsuccessful, you may still have options for post-conviction relief. Post-conviction relief is a separate legal process that allows you to challenge your conviction or sentence based on new evidence or claims that were not raised during your trial or appeal. Common grounds for post-conviction relief include ineffective assistance of counsel, newly discovered evidence, or a change in the law that applies retroactively to your case. Your attorney can help you determine whether you have grounds for post-conviction relief and guide you through the process.

10. Expungement

In some cases, you may be eligible for expungement, which is a legal process that allows you to have your criminal record sealed or removed from public view. Expungement can make it easier for you to find employment, housing, and other opportunities, as your criminal history will not be visible to the general public. Eligibility for expungement depends on factors such as the nature of your conviction, the length of time since your conviction, and your criminal history. Your attorney can help you determine whether you are eligible for expungement and guide you through the process.

11. Conclusion

The stages of a criminal case in Indiana can be complex and challenging to navigate. As a criminal defense attorney, my priority is to protect your rights, advocate for your best interests, and help you achieve the best possible outcome for your case. If you are facing criminal charges in Indiana, it is crucial to retain an experienced attorney to guide you through the legal process and ensure that your rights are protected every step of the way. Reach out to our office today to discuss your case and explore your options for defense.