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Being charged with a crime affects far more than the immediate legal proceedings. It can affect your job, your reputation, and your future, which is why having an experienced attorney involved as early as possible matters. Criminal defense covers representation for individuals facing misdemeanor and felony charges in Indiana, from the initial hearing through trial, plea negotiations, sentencing, and, when applicable, post-conviction matters.
After an arrest, Indiana law generally requires that a person be brought before a judicial officer promptly, with most courts treating an initial hearing within 48 hours as reasonable. At that hearing, the court explains the charges, addresses bail, and informs the defendant of their rights, including the right to retain an attorney within 20 days for a felony charge or 10 days for a misdemeanor charge, and the right to a public defender at no cost if they can’t afford one. Indiana classifies felonies into levels, from Level 1, the most serious, down to Level 6, with different statutes of limitations and potential penalties attached to each level, while misdemeanors carry a two year statute of limitations and generally involve less severe potential penalties. The jury itself also differs by charge level, with misdemeanors and Level 6 felonies tried before a jury of six and more serious felonies tried before a jury of twelve, which reflects how much more is generally at stake as the charges become more severe.
Not every criminal case ends in a trial. Many resolve through plea negotiations, and some qualify for diversion programs that can avoid a conviction altogether under the right circumstances. For those who already have a conviction on their record, Indiana’s expungement law allows certain records to be sealed after a waiting period that depends on the offense, generally five years for most misdemeanors and eight years for most felonies, though some serious offenses aren’t eligible at all. Understanding which path makes sense for a given case, fighting the charges, negotiating a resolution, or pursuing expungement down the road, requires an attorney who understands both the immediate case and its long-term consequences. Even an arrest that never resulted in a conviction can still show up on a background check, and Indiana generally allows those records to be expunged after a much shorter one year waiting period, which is often an overlooked option for people who assume nothing can be done once a record exists.
We’ve built a dedicated page for OWI and DUI charges specifically, since Indiana’s drunk driving laws involve their own set of rules around blood alcohol limits, implied consent, and license suspension that are worth understanding on their own.
Criminal cases move quickly, and the decisions made in the first days after an arrest can shape everything that follows, which is exactly when trial-tested judgment matters most. Will Riley and Russell Cate lead our criminal defense team. Russell Cate is recognized as a Super Lawyer with decades of litigation experience, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you or a loved one has been charged with a crime, the decisions you make early in the case matter, so reaching out promptly is important. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a criminal defense attorney.