Fishers Criminal Defense Attorney

Frequently Asked Questions

Criminal Defense Questions, Answered

• What should I say to the police? ▼

  If you are stopped by the police or placed under arrest, your best option is to say nothing under your right to remain silent. Under the United States Constitution, you have a right to have a lawyer present. It is important to remember that anything you say can be used against you in your case.

• Will my criminal case go to trial? ▼

  While every case is different, many criminal cases are settled through plea bargains before trial. I will explain all your options, negotiate with the prosecutor and advise you on the risks and benefits of accepting a plea deal or going to trial.

• What happens if I am sentenced to probation? ▼

  Probation is a form of criminal sentence that allows you to serve your time outside of jail. When you are on probation, you will be assigned a probation officer and given the terms of your probation. Typically, you will not be allowed to use drugs or alcohol, you must complete counseling or classes and community service. If you violate your probation, you could spend time behind bars.

• If I am arrested in Fishers, where will my criminal case be heard? ▼

  All criminal cases in Hamilton County, both misdemeanors and felonies, are handled at the Hamilton County Government and Judicial Center at 1 Hamilton County Square in Noblesville, the county seat. That applies whether the arrest happened in Fishers, Carmel, Westfield, or Noblesville itself. Felony charges are prosecuted in the Superior Court criminal divisions, and the county's caseload is growing: Hamilton County currently operates seven Superior Courts, with two additional courts authorized and expected to begin operations in 2027. Having an attorney who works in the Noblesville courthouse regularly matters in a system moving this much volume.

• What is the difference between an OWI and a DUI in Indiana? ▼

  They describe the same offense. Indiana law uses the term OWI, operating while intoxicated, for what most other states call DUI. The word operating matters: you do not have to be caught driving to be charged, because sitting in a running vehicle while intoxicated can support an OWI arrest. Whichever term you see, the charge falls under Indiana Code 9-30-5, and the defense strategies are the same.

• When does a drunk driving charge become a felony in Indiana? ▼

  A first offense is typically a misdemeanor: a Class C misdemeanor for operating a vehicle with a BAC of at least 0.08 but less than 0.15, and a Class A misdemeanor for a BAC of 0.15 or higher or for endangering another person. The charge becomes a Level 6 felony if you have a prior conviction within the past seven years or if you were transporting a passenger under 18 while intoxicated. A Level 6 felony conviction generally carries six months to two and a half years in prison and a fine of up to $10,000. Causing serious injury or death raises the felony level further.

• Does a first-time OWI in Indiana mean jail time? ▼

  For a first OWI offense in Indiana, jail time is possible but not likely, especially if your BAC is below 0.15 and no other aggravating factors are present. Penalties can include license suspension, probation, community service, and a substance abuse evaluation. The picture changes fast with a prior: a person with one previous OWI conviction must be sentenced to at least 5 days in jail without good time credit, unless the court substitutes community service hours. Early legal representation shapes which of these outcomes you face.

• Can a criminal conviction be expunged in Indiana? ▼

  Yes, many can. Indiana's Second Chance Law, Indiana Code 35-38-9, sets waiting periods by offense level: one year for arrests and dismissed charges, five years for misdemeanor convictions, eight years for Level 6 felonies, and eight years from conviction or three years from completion of sentence for higher-level felonies, with serious-injury felonies waiting ten years. One critical rule: convictions can only be expunged once in your lifetime, so anyone with multiple convictions should wait until every case is eligible before filing. Filing correctly the first time is essential; there is no second petition.