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Criminal Defense Attorney in Indianapolis, IN

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.

Why Choose Us

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.

About RileyCate

At the initial hearing, the court explains the charges against you, addresses bail, and informs you of your rights, including your right to an attorney and, if you can’t afford one, your right to a public defender. This hearing generally happens within 48 hours of arrest. Having an attorney involved as early as possible, ideally before this hearing, can meaningfully affect how the rest of the case unfolds.
Felonies are more serious offenses, classified into levels from Level 1, the most serious, down to Level 6, each carrying different potential penalties and statutes of limitations, while misdemeanors are generally less severe and carry a two year statute of limitations. The classification of a charge significantly affects the potential consequences and the strategy for defending against it. An attorney can help you understand exactly what you’re facing based on the specific charges.
Yes, if you’re charged with a crime and can’t afford an attorney, Indiana law entitles you to a public defender at no cost. You’re also free to hire your own attorney instead if you prefer, and many people choose to do so given the stakes involved and the ability to have consistent, dedicated attention on their case. An attorney can explain your specific options once you understand the charges you’re facing.
The statute of limitations depends on the severity of the offense, generally two years for misdemeanors, five years for many felony levels, and no limitation period at all for the most serious felonies, like Level 1 and Level 2 offenses. These deadlines can be affected by specific circumstances in a case. An attorney can help you understand what applies to your situation.
Many criminal cases resolve through negotiated plea agreements rather than trial, though whether that makes sense depends heavily on the strength of the evidence, the charges involved, and your goals for the case. Some cases are also strong candidates for a diversion program that can avoid a conviction under the right circumstances. An attorney can help you evaluate the realistic options for your specific case.
In many cases, yes. Indiana’s expungement law allows certain convictions to be sealed after a waiting period, generally five years from the most recent conviction for most misdemeanors and eight years for most felonies, though some serious offenses, like violent or sex offenses, aren’t eligible. All outstanding fines, fees, and restitution generally need to be paid before filing. An attorney can help you evaluate whether and when you’d qualify for expungement.
If your case was dismissed or you were acquitted, Indiana generally allows the arrest record itself to be expunged after a shorter waiting period, typically one year from the date of arrest, since the record can still show up on background checks even without a conviction. This is a meaningfully faster and simpler process than expunging an actual conviction. An attorney can help you pursue this if it applies to your situation.
As soon as possible. Indiana law gives you a limited window, 20 days for a felony charge and 10 days for a misdemeanor charge, to retain counsel, and decisions made early in a case, including what you say to police, can significantly affect the outcome. Reaching out before your initial hearing, if possible, gives your attorney the most time to prepare. An attorney can explain what to expect and how to protect your rights from the very beginning.
An arrest alone can still appear on background checks even without a conviction, which can affect employment and other opportunities. Indiana generally allows arrest records that didn’t result in a conviction to be expunged after a one year waiting period, a meaningfully shorter and simpler process than expunging an actual conviction. An attorney can help you pursue this if your case was dismissed or you were acquitted.
Generally, it’s best to consult with an attorney before answering questions beyond providing basic identifying information, since anything said to police can be used in building the case against you. This applies whether you’re being questioned at the scene, brought in for an interview, or contacted after the fact. An attorney can help you understand what to say and what to avoid as your case moves forward.

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.

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