Scottsburg Criminal Defense Lawyers

Have you been arrested, taken into custody, or charged with a crime? If so, you may be concerned and unsure of what to expect next. Whether you are guilty or have been wrongfully accused of committing a criminal offense, you have the right to defend yourself at trial. We may be able to avoid going to trial altogether if we can secure a plea agreement through the prosecuting attorney.

Our highly skilled Scottsburg criminal defense lawyers from The Nice Law Firm are here to help you protect your future. With our criminal defense lawyers advocating for your freedom, you can prepare the strongest defense possible and ready yourself for the worst-case scenario. When you are ready to discuss potential defense strategies but are unsure of where to begin, contact our legal team to request a confidential consultation.

How Charges Are Classified in the Indiana Criminal Justice System

Your criminal lawyer should have extensive experience handling cases similar to yours. In Indiana, there are three primary types of charges. These include:

● Infractions – Infractions are the least serious type of criminal offense and are generally only punishable by a fine.

● Misdemeanors – Indiana misdemeanors are categorized into Classes, including A, B, and C. Class C misdemeanors are punishable by 60 days in jail and $500 in fines under Indiana Code § 35-50-3-4. Class B misdemeanors are punishable by up to 180 days in jail and fines not to exceed $1,000 under Indiana Code § 35-50-3-3. Class A misdemeanors are the most serious and can result in up to one year in jail and $5,000 in fines under Indiana Code § 35-50-3-2.

● Felonies – Indiana felonies are categorized into levels. Level 6 felonies are the least severe and may be punishable by fines of up to $10,000 and up to 2 1/2 years in prison under Indiana Code § 35-50-2-7. They can sometimes be tried as Class A misdemeanors. Level 1 felonies are the most serious and are punishable by up to 50 years in prison and a $10,000 fine under Indiana Code § 35-50-2-4.

The Nice Law Firm Handles Most Criminal Cases

Our criminal attorneys at The Nice Law Firm are ready to help you get through some of the most difficult times in your life. Our trial experience in the following criminal matters is unmatched:

Driving Under the Influence (DUI)

One of the most common types of cases your criminal defense attorney from our firm challenges is driving under the influence (DUI), operating a vehicle while intoxicated (OVI), or operating a vehicle while impaired (OWI) under Indiana Code 9-30-5-1. First-time offenders could pay up to $5,000 in fines and penalties, spend up to one year in jail, and have their driver’s license suspended for up to two years.

Violent Crimes

Our criminal defense lawyers frequently work with individuals who have been accused of committing violent crimes against alleged victims. Assault and battery under Indiana Code 35-42-2-1, for example, could be tried as a Level 3 felony, punishable by up to 16 years in prison and $10,000 in fines. If you are convicted of murder under Indiana Code 35-42-1-1, fines could be elevated to $10,000, and you could spend up to 65 years in prison.

Sex Offenses

If you have been accused of a sex offense, you need a criminal defense lawyer who can help you avoid a guilty verdict. If you are facing a Level 1 felony rape charge under Indiana Code 42-4-1, you could spend up to 50 years in prison and pay fines of up to $10,000.

Where Criminal Charges Are Handled in Scottsburg, IN

The Scott County Prosecuting Attorney’s office is responsible for filing criminal charges against defendants when a crime occurs within Scott County, Indiana. If you are accused of committing a crime in Scottsburg, the Scottsburg Police Department, Indiana State Police, or the Scott County Sheriff’s Department will be responsible for handling your investigation. If your case goes to trial, it will likely be heard by the Scott County Circuit Court, located at:

Scott County Circuit Court

1 E McClain Ave, Suite 212

Scottsburg, IN 47170

Phone: (812) 752-8430

Hours: Monday, Tuesday, Thursday, Friday, 8:00 AM to 4:15 PM, Wednesday 8:00 AM to 12:00 PM

Prepare for Potential Collateral Consequences

As we prepare you for the consequences of a guilty verdict, it is also important to prepare you for what your future holds after you have completed your sentence. Although you may have hoped to put this experience behind you post-conviction, the collateral consequences may continue to affect you years later. For instance, your driver’s license might be suspended, you could lose your professional license, or even be terminated from your employer.

If you were found guilty of a violent crime or an offense that put your child in jeopardy, your parenting plan could be modified, your visitation rights could be revoked, and your opportunities to maintain a strong relationship with your child could be limited. If you are not a citizen of the United States, you could be at risk for deportation as well. These are just a few examples of collateral consequences that could hurt you once you have been released from jail or prison.

With the stakes this high, presenting a powerful defense and introducing reasonable doubt in the minds of the judge and jury has never been more important.

What to Expect From Your Criminal Defense Strategy

Our Scottsburg criminal defense lawyers will work tirelessly to prepare the strongest defense strategy possible based on the specific circumstances of your case. How we approach your defense strategy will vary widely depending on the type of crime you are charged with, your criminal record, and the state’s evidence against you. However, we may be able to avoid a lengthy court battle altogether if we can get you enrolled in a pretrial diversion program.

What About Pretrial Diversion?

If your Scottsburg criminal defense lawyer with The Nice Law Firm can help you avoid a trial where your future is in the hands of a jury, we will do so. If you meet the eligibility requirements for a pretrial diversion under Indiana Code 33-39-1-8, we may be able to move your case through the criminal justice system more quickly so you can get back to your life.

You may be eligible for a pretrial diversion program if this is your first time being accused of a crime, you are facing misdemeanor, Level 5, or Level 6 felony charges, and no one was seriously injured or killed. If you enroll in a pretrial diversion program, there are specific conditions you will need to meet, such as:

● Staying away from the alleged victim or witnesses in your case

● Getting mental health treatment

● Completing a drug or alcohol rehabilitation program

● Providing financial support to your family

● Participate in dispute resolution under Indiana Code 34-57-3

● Working, going to school, or seeking gainful employment

● Pay reparations to the alleged victim of the crime in your case

● Accepting treatment services that could reduce the risk of recidivism

● Report to the prosecuting attorney’s office and respond to their inquiries as needed

You must fulfill the program requirements when enrolled in a pretrial diversion program. If you fail to follow these conditions, the prosecutor can revoke your pretrial diversion and move forward with the criminal case against you.

Scottsburg Criminal Defense FAQ

Our Scottsburg criminal defense attorneys have spent decades defending the accused. We have seen time and again how traumatic being charged with a crime can be. It is our goal to help you prepare for what a conviction may mean for your future and do everything in our power to clear your name of the charges against you.

You may have countless unanswered questions about the Indiana criminal justice system. For this reason, we have created a comprehensive FAQ below that provides the answers you need when you need them most. If you have concerns we do not cover on this page, do not hesitate to connect with a Scottsburg criminal defense attorney at The Nice Law Firm for the individualized attention you deserve.

What happens during arraignment?

Your arraignment will be overseen by a Circuit Court judge or magistrate in Scott County. During arraignment, you will enter your plea. Most defendants will plead not guilty to the allegations against them. However, your initial hearing is likely where your arraignment will occur. At the initial hearing, not only will you enter your plea, but the judge will determine whether bail should be set in your case. Several factors, including your risk of fleeing, threat to the public, and ties to the community, will be taken into account.

If bail is set, you will need to pay your bond to secure your release. You can do this with your own funds or have family members cover the bond on your behalf. Depending on the crime you are charged with, you could even be released on your own recognizance (ROR) as described by the Indiana Criminal Justice Institute Bail Report, which would not require any bail bond fees.

What if I have a warrant out for my arrest?

If you have a warrant out for your arrest, you may be living in a constant state of fight or flight. Always worrying about whether you are going to be taken into police custody while out in public or in the comfort of your own home can be emotionally and physically taxing. It is better to take matters into your own hands. With help from a dedicated Scottsburg criminal defense lawyer, you may be able to clear your arrest warrant. We can help you prearrange bail and turn yourself in to the police so you can get home to your family sooner.

Can I get my criminal record expunged? Our Scottsburg criminal defense attorneys often help those who have been arrested for, charged with, and convicted of criminal offenses get their records expunged. Under I.C. 35-38-9-1, only certain types of crimes are eligible forexpungement, and you must meet specific requirements to qualify. If your record is expunged, your arrest, criminal charges, conviction, and adjudications can all be effectively erased.

However, not everyone will be eligible for expungement. The following types of cases may qualify for expungement:

● Arrests

● Cases that have been dismissed

● Misdemeanor convictions

● Level 6 felonies

● Certain types of higher-level felony offenses

If you believe you may be eligible for expungement, you also need to be sure the waiting period has passed. The exact amount of time we need to wait before you can secure an expungementvaries depending on the type of crime on your record. For example, if you are hoping to expunge an arrest, you only need to wait one year from the date of the arrest to proceed with your expungement petition. However, if you were convicted of a misdemeanor, you would need to adhere to a five-year waiting period.

Those who have been accused of Level 6 and other eligible major felonies must wait eight years to get their records expunged. Those convicted of qualifying major felonies may be able to get their records expunged as soon as three years from the date they complete their sentence, depending on the circumstances of the case. It is important to know that expungement is not automatic. You will need to apply to have your record expunged. The prosecutingattorney will have the opportunity to challenge the expungement, so working with our reputable Scottsburg criminal defense lawyers may be in your best interests.

What is the difference between a felony and a misdemeanor?

There are many differences between misdemeanor and felony charges. Most notably, misdemeanor crimes are considered less serious than felonies. With misdemeanor offenses, there may be property damages or other non-violent crimes. Certain felony offenses often result in severe bodily injury or death.

As such, the penalties of a misdemeanor are typically less serious than those associated with felony convictions. If convicted of a misdemeanor, you might spend time in jail, be placed on probation, and pay a small court fine. However, if you are convicted of a felony, you are more likely to spend time in prison and pay thousands of dollars in court fines.

Consult a High-Powered Criminal Defense Attorney in Scottsburg for Help Today

With the penalties of a conviction being as harsh as they are, dodging a guilty verdict has never been more important. Your freedom and future are in jeopardy. Do not rely on an underpaid and overworked public defender who does not have access to the resources you need to build the most powerful defense strategy possible.

Take action to safeguard your future when you turn to an experienced Scottsburg criminal defense attorney from The Nice Law Firm. With over 30 years of trial experience, you can go into your defense with confidence when our legal team is handling your strategy. Schedule your confidential consultation as soon as today by completing our secured contact form or calling our office.