What to Expect from the Indiana Criminal Justice System
Getting arrested is stressful. Not knowing what comes next is even worse. At the Marc Lopez Law Firm, we break down the criminal process in Indiana step by step, so you know your rights, what to expect, and how to protect yourself.
This guide covers what happens before, during, and after criminal charges are filed. If you’re facing charges or under investigation, keep reading, and give us a call when you’re ready to take control of your case.
Step 1: Before the Arrest, Know Your Rights
Before you’re arrested, you may have contact with police. Not every conversation with an officer is the same.
Consensual Encounter vs. Terry Stop
- A consensual encounter is casual. You’re free to walk away.
- A Terry stop is a brief detention. Police must have reasonable suspicion of criminal activity to stop you and probable cause to make an arrest. See Terry v. Ohio, 392 U.S. 1 (1968).
Do You Have to Identify Yourself?
Under Indiana Code 34-28-5-3.5, if you’re stopped for a suspected infraction or ordinance violation, you must provide your name, address, and date of birth. But you are not required to answer questions or consent to a search.
Miranda Rights
Miranda warnings apply when you are both in custody and subject to interrogation. This means if you’re not free to leave and the police start asking questions, they must advise you of your right to remain silent and your right to an attorney.
Illegal Search or Seizure
Police typically need a warrant to search your home or seize property. If they skip that step, your attorney may file a motion to suppress evidence under the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution.
Step 2: The Arrest Process
If police have probable cause, meaning they reasonably believe you committed a crime, they can arrest you without a warrant. This usually happens when they witness the crime firsthand.
In cases built on investigation (e.g., digital records, witness statements), police may obtain an arrest warrant from a judge. Once you’re arrested, you’ll likely be handcuffed, booked, and read your Miranda rights.
Step 3: Getting Out of Jail, Bail and Bond
After an arrest, you may be released by posting bail or bond.
- Bail is the full cash amount paid directly to the court.
- Bond allows a bail bondsman to cover the full amount, typically for a 10 percent fee you won’t get back.
The amount depends on the charge, criminal history, and local court rules. For example, Marion County follows a bond schedule for misdemeanors and felonies.
If your vehicle was impounded, release depends on the reason. OWI arrests typically allow you to reclaim your car quickly. Drug cases might involve longer holds or even forfeiture.
OWI charges often result in automatic license suspension under Indiana Code 9-30-6. Your attorney can help you explore options like specialized driving privileges or interlock devices.
Step 4: First Court Appearance (Initial Hearing)
At this hearing:
- The court advises you of the charges.
- A not guilty plea is entered.
- The judge sets your next court dates.
- You’re advised of your right to counsel.
If you cannot afford an attorney, the court may appoint a public defender. If you plan to hire your own attorney, now is the time to say so.
The court may also impose a no contact order, especially in domestic violence cases. This is a criminal restriction, and violating it can result in new charges.
Step 5: License Suspension and Driving Privileges
If your license is suspended due to OWI or refusal to submit to a chemical test, your options include:
- Ignition Interlock in Lieu of Suspension (for refusal cases)
- Specialized Driving Privileges under Indiana Code 9-30-16, which allow you to drive for work, school, and other necessities
Your eligibility depends on your driving and criminal history. An attorney can petition the court for relief.
Step 6: Discovery and Pretrial Process
This is where your defense strategy starts to take shape. Your attorney will request discovery from the State, including:
- Charging documents
- Criminal history
- Police reports
- Body cam footage
- Lab results (e.g., blood alcohol content)
- Surveillance videos
- Witness statements
These materials may not be available all at once. The prosecutor may take weeks or months to provide everything. Until discovery is complete, plea discussions are often premature.
Step 7: Plea Bargains and Alternative Sentencing
Most criminal cases in Indiana end in a plea agreement, but not every plea is created equal.
- A guilty plea accepts responsibility and allows sentencing.
- A diversion agreement (available mostly for misdemeanors) lets you complete requirements in exchange for dismissal.
Examples of common diversion requirements:
- Counseling
- Community service
- Restitution
Certain charges like OWI under Indiana Code 9-30-5, are not eligible for diversion.
Step 8: Motions and Case Development
As the case progresses, your attorney may file motions, such as:
- Motion to Suppress — If evidence was illegally obtained
- Motion to Dismiss — If charges lack legal or factual basis
- Motion for Speedy Trial — To enforce your right under Indiana Criminal Rule 4
- Motion to Compel Discovery — If the State withholds evidence
These legal tools are often critical in shaping the direction of your case.
Step 9: Trial Process, Bench or Jury
If your case goes to trial, you’ll choose between:
- Bench Trial — Judge decides the verdict
- Jury Trial — A group of peers hears your case
Trial includes:
- Jury selection (voir dire)
- Opening statements
- Witness testimony
- Cross-examination
- Closing arguments
If convicted, the next step is sentencing. If acquitted, you are free to go.
Step 10: Sentencing and Post-Conviction Supervision
Sentencing can include:
- Jail or prison time
- House arrest (home detention)
- Probation
- Fines and fees
- Mandatory classes or treatment
Some charges carry mandatory minimums. For example, a third OWI conviction comes with a 10-day minimum under Indiana Code 9-30-5-10.
If you’re placed on probation or parole, conditions will be clearly outlined. Violating those terms can land you back in custody.
Step 11: Appeals and Record Expungement
If you’re found guilty at trial, you can appeal to a higher court. This process involves reviewing the trial for legal errors.
If you took a plea deal, appeal options are limited. You may still be eligible to expunge your record after a waiting period, depending on the offense:
- Misdemeanors: After 5 years
- Level 6 Felonies: After 8 years
- Higher Felonies: After 8 to 10 years, with more restrictions
Expungement under Indiana Code 35-38-9 can help you clear your record and move forward.
You Don’t Have to Face This Alone
The Indiana criminal process is complex and filled with opportunities for mistakes. At the Marc Lopez Law Firm, we don’t just handle cases, we help real people through stressful situations, one step at a time.
We’ll make sure you know where you stand, what your rights are, and what your best options look like. Whether you’re dealing with an arrest, negotiating a plea, or preparing for trial, we’re here to help.
Call the Marc Lopez Law Firm today at 317-632-3642.
And remember, always plead the Fifth.
