Frequently Asked Questions

You should schedule an appointment to consult with an attorney as soon as possible. Legal issues need to dealt with within weeks of arising. It is important to schedule an appointment as soon as possible because prominent attorneys are in high demand and the first available appointment could be two (2) weeks or more after the day you call to schedule the appointment. Waiting a few weeks for the right attorney is ok so long as you can meet with the attorney before any upcoming court dates or legal deadlines. It is also important to meet with an attorney quickly because an experienced attorney may be able to offer advice that can help your prepare your case and minimize any potential sentence in a criminal case. Unfortunately, memories fade quickly but if you meet with an attorney as soon as possible they may be able to help you take steps to preserve key elements of your case. There may also be important legal deadlines that may pass without your knowledge if you do not consult with an attorney. If these deadlines expire, you may be denied a trial, limited to a bench trial, or be prevented from raising certain defenses or claims.

Most people mistakenly believe they are not eligible to vote if they have been convicted of a felony. Generally, this is not true under Indiana law. It is true that you are not allowed to vote while you are incarcerated. It would be too difficult for the Indiana Department of Correction or our local jails to make voting available to inmates. However, as long as you are not presently incarcerated, convicted felons are allowed to vote in Indiana so long as they are properly registered. There is an exception to this rule. Specifically, if the sentencing Court specifies in your sentencing order that your right to vote has been revoked, then you would not be eligible to vote, however, this sanction is almost never imposed. Please note that your eligibility to vote will be controlled by the State in which you are trying to vote. Therefore, a felony conviction entered in Indiana may prevent you from voting in another State even if you would be eligible to vote in Indiana.

If this is your first offense and you are facing a minor charge such as Public Intoxication, you may qualify for the Diversion Program. However, the Prosecutor could file additional charges after reviewing the police reports. If this is your first criminal offense, you should schedule an appointment with one of our attorneys to determine whether or not you really need to hire an attorney to represent you on this case. If you clearly qualify for the Diversion Program and you are available to attend the court date, then you probably will not need to hire an attorney.

If this is your first offense and Possession of Marijuana is the only charge you are facing, you may qualify for a Withheld Judgment. However, the Prosecutor could file additional charges after reviewing the police reports. In this situation, you should still schedule an appointment with one of our experienced attorneys to determine whether or not you really need to hire an attorney to represent you on this case.

Convictions for crimes of violence and certain sex offenses can be used to disqualify you for work release or house arrest in the future. These programs are intended for “non-violent” offenders. Once you are convicted of a disqualifying crime, you may be considered a “violent offender” for the rest of your life. If so, you may not be eligible for these programs in the future – even for minor offenses.

Convictions for crimes of dishonesty can be used against you for ten (10) years by attorneys in all types of trials to try to make a judge or jury think you are lying. This means a conviction today might be used against you years from now in a contract dispute or a personal injury case even though the two cases are not connected in any way. This can lead to undue embarrassment that should be avoided if at all possible.

While there is no way to keep the criminal conviction off your record at the time it is entered, it may be possible to have your record sealed through an expungement proceeding at a later date. You can learn more about expungements by reviewing the information under the expungement tab on this website or by setting up an appointment with one of our experienced attorneys.

Many of our clients complain that the officer who arrested them did not read them their rights. Most people do not realize that the police are only required to advise them of their rights if the person accused is “in custody”. More specifically, the Miranda warning that people are familiar with only applies to “custodial interrogations”. So the real question usually hinges upon whether the person being questioned was under arrest or merely being detained briefly. If you do not believe you were properly advised of your rights, you should bring this issue to our attention during your initial consultation. We will review the case to determine whether or not your constitutional rights have been violated. If your rights appear to have been violated, we will file a Motion to Suppress any evidence that was obtained illegally.