Criminal Case Process in Indiana

Navigating a criminal case in Indiana can be an intimidating process, but if you are facing criminal charges, it is important to understand how the process works. The Law Office of Paul A. Rossi, LLC can help you through every step of the legal process and provide knowledgeable advice on how to best handle your particular situation. Read on to learn more about the typical criminal case process in Indiana. 

Apprehension

A criminal case in Indiana begins with an apprehension or arrest by police officers. This may occur at the scene of a suspected crime or much later, following an investigation. If you have been charged with a crime or believe you are under investigation by police, you should discuss your situation with an experienced criminal defense attorney right away.

Initial Hearing

After being arrested, you will go through an initial hearing where court officials formally present any charges that have been filed against you and advise you of your rights as the accused person. If you are being held by police, this hearing also includes setting a bail or bond amount should you choose to post it for release from jail prior to trial. 

Discovery Process

During this stage of the criminal case, both parties involved are allowed to review evidence gathered by the prosecutor’s office, such as witness statements and physical evidence related to the case. This is also when attorneys for each side negotiate over what evidence can be used during trial proceedings or discussed further at hearings outside of court. 

Motions

In this stage, lawyers for each side submit motions as they attempt to shape how evidence will be handled or interpreted during the trial. For example, they may file a motion arguing that certain testimony should not be admitted as evidence due to its prejudicial nature or that a specific piece of physical evidence should not be allowed due to improper handling by law enforcement personnel.  

Pre-Trial Conference & Negotiations

At any time prior to going through with a full trial, attorneys representing each side may come together to negotiate a plea agreement that would allow their client (or both clients) to avoid further prosecution and/or receive reduced charges/sentences if they willingly plead guilty instead of proceeding with a jury trial or other proceedings before a judge alone. A skilled defense attorney can help you negotiate for the most favorable plea deal and advise you on whether or not any deal being offered is in your best interest or not.

Trial

If no plea agreement is reached, then the case will proceed to a full jury trial, where each side will present their arguments to a jury or, in some cases, a judge. Prosecutors must prove beyond reasonable doubt that the defendant is guilty as charged in order to receive a conviction on those charges. Trial proceedings could potentially cause your case to drag on much longer and come with harsher repercussions if convicted. However, sometimes going to trial is necessary. Our criminal defense lawyers can help you understand the best options for your case, and if a trial is necessary, we will aggressively fight for your rights.

Sentencing

If a guilty verdict is reached at trial, a sentencing hearing takes place, usually within 30 days of the verdict being delivered. At sentencing, the judge determines an appropriate sentence (or punishment) based on the severity of the offense as well as the individual circumstances behind the case, such as the defendant’s criminal history or their relationship with any victim involved.      

Appeals

If convicted, the defendant still has the right to appeal the decision made by the court. Appeals may be based on errors such as incorrect rulings or not allowing the defense to present certain evidence, which might have resulted in a different outcome. 

Fierce Defense for Criminal Charges

At The Law Office of Paul A. Rossi, LLC, we understand how complex the criminal defense process can be, so don’t go through it alone! We are here to help you navigate your criminal case while advocating for your best interests every step of the way. Contact us today for more information about how we can help you fight your criminal charge in Indiana.