Indiana Criminal Defense Attorneys

At DearLegal, we connect you with experienced Indiana criminal defense attorneys who navigate the Level 1-6 felony grading system, habitual offender enhancements, the broadened Second Chance Law (I.C. § 35-38-9), and Indiana’s tough stance on drug possession. Whether your case is in Marion (Indianapolis), Lake, Allen, Hamilton, Vanderburgh, or anywhere across Indiana’s 92 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. ISP (Indiana State Police), IMPD (Indianapolis Metropolitan Police), and county sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel under Miranda.

Yes. Indiana Class A misdemeanors carry up to 1 year in jail and $5,000 fines under I.C. § 35-50-3. Pretrial Diversion programs through county prosecutors can result in dismissal. Conditional Discharge (I.C. § 35-48-4-12) for first-time drug possession. DV and DUI convictions trigger collateral consequences.

State cases go through Indiana Circuit or Superior Court. Federal cases go to U.S. District Court for the Northern (Hammond, Fort Wayne, South Bend, Lafayette) or Southern (Indianapolis, Terre Haute, Evansville, New Albany) District of Indiana under the U.S. Sentencing Guidelines. Federal drug trafficking on I-65/I-70/I-74, § 922(g) firearm cases, and federal fraud common.

Indiana plea agreements under Indiana Crim. R. 11 are negotiated between the County Prosecutor and defense. Pleas can include charge reductions, Conditional Discharge for drugs, drug court entry, problem-solving court entry, and stipulated sentence recommendations. Indiana allows “fixed” plea agreements where the judge must accept the agreed sentence or reject the entire plea.

Yes — the Indiana Second Chance Law (I.C. § 35-38-9) is one of the better expungement frameworks in the Midwest. Misdemeanors after 5 years; Level 6/5 felonies after 8 years; Level 1-4 felonies after 10 years (with prosecutor consent and various exclusions). Sex/violent offenses largely excluded. Petitions must be filed in the convicting court with full criminal history and prosecutor notice.

Indiana handles juveniles under 18 in juvenile court under I.C. § 31-37. Juvenile records are confidential under I.C. § 31-39 and expungeable under I.C. § 31-39-8. Waiver to adult court for juveniles 14+ charged with certain felonies under I.C. § 31-30-3; mandatory waiver for 16+ for the most serious offenses.

Indiana OWI (Operating While Intoxicated) under I.C. § 9-30-5 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under I.C. § 9-30-6 — refusal triggers 1-year administrative license suspension. Ignition interlock required for certain offenses under I.C. § 9-30-8. Third OWI in 10 years is a Level 6 felony.

Why Do You Need a Criminal Defense Attorney in Indiana?

Indiana overhauled its felony grading in 2014 — moving from Classes A-D to Levels 1-6 under I.C. § 35-50-2-4 et seq. Level 1 is the most serious (20-40 years, with murder separate at 45-65 years or life/death), descending to Level 6 (6 months to 2.5 years). The reform aimed to reduce DOC populations by adding Level 6 (formerly Class D, often suspendable). Indiana’s habitual offender enhancement (I.C. § 35-50-2-8) adds 6-20 years for third felony, and the violent offender enhancement adds more for serious priors. The 2014 reforms also created presumptive Community Corrections placement for Level 6 felonies. Indiana legalized hemp-derived cannabinoids but recreational and medical marijuana remain illegal — possession of any amount under 30g is a Class B misdemeanor, escalating from there. Indiana’s Second Chance Law (I.C. § 35-38-9), originally passed in 2013 and expanded multiple times, provides expungement for most misdemeanors after 5 years and many Level 5/6 felonies after 8 years, with limited exclusions. Indiana prosecutors plea-bargain aggressively, and many counties offer Pretrial Diversion, drug court, mental health court, and veterans court alternatives.

When Do You Need a Criminal Defense Attorney in Indiana?

Our network includes Indiana criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Indiana

From the moment you connect with a Indiana criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to ISP, IMPD, county sheriffs, or any Indiana officer without an attorney

Consenting to a search of your car, home, or phone — Indiana Article I, § 11 may require a warrant

Missing an Indiana court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Indiana prosecutors subpoena platforms

Deleting messages or photos from your phone — Obstruction of Justice (I.C. § 35-44.1-2-2) is a Level 6 felony

Accepting the prosecutor’s first plea offer without exploring Conditional Discharge, drug court, problem-solving court, or charge reduction

Talking to ISP, IMPD, county sheriffs, or any Indiana officer without an attorney

Consenting to a search of your car, home, or phone — Indiana Article I, § 11 may require a warrant

Missing an Indiana court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Indiana prosecutors subpoena platforms

Deleting messages or photos from your phone — Obstruction of Justice (I.C. § 35-44.1-2-2) is a Level 6 felony

Accepting the prosecutor’s first plea offer without exploring Conditional Discharge, drug court, problem-solving court, or charge reduction

Common Indiana Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Indiana Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Indiana work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Ind. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. Indiana’s Public Defender Commission oversees county-based public defender services for indigent defendants.

What Can Your Indiana Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss, speedy trial under Indiana Crim. R. 4 (Indiana has aggressive 70-day in-custody and 1-year overall speedy trial rules), or prosecutor motion to dismiss.

Charge Reduction

Reduction from felony to misdemeanor (I.C. § 35-50-2-7 alternative misdemeanor sentencing for Level 6 felonies), or downgrade within Level system.

Conditional Discharge / Pretrial Diversion

Conditional Discharge under I.C. § 35-48-4-12 for first-time drug possession — defendant placed on diversion, dismissal upon completion. Pretrial Diversion programs through county prosecutors for various misdemeanors and low-level felonies. Drug court, mental health court, veterans court.

Plea Agreement

Negotiated resolution under Indiana Crim. R. 11. Includes charge reductions, dismissed counts, recommended sentences, fixed plea agreements (binding on the court), and problem-solving court entry.

Trial Acquittal

Not guilty verdict by Indiana jury or judge. Indiana criminal juries are 12 for serious felonies, 6 for misdemeanors and Level 6 felonies, and must be unanimous.

Post-Conviction Relief

Indiana Post-Conviction Rule 1 petition for IAC, newly discovered evidence, illegal sentence, constitutional violations. No strict SOL but laches doctrine applies. Successor petitions restricted.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Indiana Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Indiana?

When Do You Need a Criminal Defense Attorney in Indiana?

Types of Criminal Defense Cases in Indiana

Common Indiana Criminal Defense Mistakes

How Much Do Indiana Criminal Defense Attorneys Cost?

What Can Your Indiana Criminal Defense Compensation Include?

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