I've Been Arrested...Now What?

While the criminal process in Indiana differs with the facts of each case, most criminal cases follow the same common progression which follows.

Arrest (317) 721-5297

The criminal process usually starts with an arrest. It does not matter if the officers who arrested you at the scene of an alleged crime or where serving a search warrant, there are very specific rules of procedure that control how an arrest takes place.

Unlike on TV and in the movies, it is highly unlikely that the police failed to advise you of your rights (Miranda rights), but it occasionally may occur. More importantly at this stage is how the police arrest you and how they collect the evidence to be used against you at trial (remember O.J. Simpson). The chances of your charges being dismissed are greatly increased if the police fail to follow a required procedure.

Criminal Arraignment/Initial Hearing

Generally you will come before a judge within 48 hours of your arrest in what is typically called your initial hearing. The judge will determine if the officer had probable cause to make your arrest. Furthermore, the judge will inform you of the charges you face and you may enter a plea, guilty or not-guilty, at that time.

While there is no requirement for you to have an attorney before this initial hearing, I recommend obtaining legal counsel if you can. If you cannot afford an attorney, it is typically during this initial hearing that you would be offered a court appointed lawyer. Unless you have had time to discuss the legal implications of pleading guilty with an attorney it is usually best for you to plead not guilty at this stage. You can always change it later once you have an attorney.

Bail

The topic of bail will also be discussed during your initial hearing. What is bail? Bail is an amount of money placed with the court to “ensure” you will return before the court for future court hearings and/or trial(s). To determine an appropriate amount of bail the judge will look at a number of factors including the severity of your charges and your criminal history. The judge will use these and other factors to determine if you are a flight risk, a danger to yourself, and/or the community (ie are you likely to commit new crimes while out on bail). It is important to note that a judge does NOT have to grant bail. The issue of bail may be addressed at a later time in a bail reduction hearing where your attorney may attempt to get the judge to reduce the initial amount of bail required.

Discovery

Much like you have seen on TV the discovery process is where the prosecution is required to tell the accused what evidence it plans on using to convict the accused and the accused tells the prosecutor what evidence it plans on using to prove the accused innocence. Discovery includes witnesses, police reports, accident reports, phone records, and physical evidence.

Pre-Trial Motions

Pre-Trial Motions are just that, they are motions to the court to rule on various things before the trial starts. Pre-Trial Motions may include motions to include or exclude evidence, or witnesses, to change the location of the trial, or even to change the date of the trial.

Plea Agreements

Most criminal defendants do not go to trial. Instead, the prosecutor offers a “plea agreement” which provides for a lesser sentence or even a reduced charge in exchange for pleading guilty to the charges. Many times this plea agreement (plea bargain) may be the best option for both the accused and the prosecutor. You should discuss the ramifications of a plea agreement with your attorney before signing anything. There may be times when a plea agreement is not in your best interest. Understand your options by discussing them with your attorney.

Criminal Trial

If you have made it this far, it is likely that you and your attorney have discussed what you should expect. Actual trials are not as glamorous as they appear on Boston Legal or any other television show. Instead, real life trials are generally boring. On TV the actors have a script to follow, in life the lawyers lines are not a perfect.

At your criminal trial you should expect to hear from both your attorney and the prosecutor an opening statement, evidence, and a closing statement. Your criminal trial may be a bench trial, a judge only, or a jury trial. Either way, you and your lawyer will be trying to convince the finder of fact, judge or jury, that the prosecution has been unable to prove your guilt beyond a reasonable doubt.

The importance of legal representation cannot be overemphasized. If you don’t call me for help, call someone. You have legal rights that need to be protected. Good luck.

Photo Disclaimer

This site makes use of licensed stock photography. All photography is for illustrative purposes only and all persons depicted are models unless noted otherwise.

A WORD FROM OUR OFFICE

  • I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

  • Jill, JR and I are here to help you navigate this difficult time. We understand the impact this stressful time can have on you and your family. Just give us a call, we would love to see if we can help.

  • Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. That's my job. Give me a call. We will sit down, go over your options and work to find a way to move forward. You are not in this alone. Call me or another attorney. But call someone and get the help you deserve.

Map

Twitter Updates

Indianapolis Medical Malpractice Attorney | https://t.co/Clt90Fw1x9 2 weeks 6 days ago
The weekend isn't far away. Please be careful and don't drink and drive. https://t.co/pkZYQnkf4r 3 months 3 weeks ago
Cop Runs Over 15yo Boy, Leaves Car On for 10 Minutes as He ‘Burned Alive’ https://t.co/MmVNXkgf2L via 3 months 4 weeks ago