Preparing for Your Appointment

Civil Cases
Criminal Cases

Criminal Cases

If you are arrested and/or have been charged with a criminal offense you should contact an attorney immediately.

Things that you should bring with you:

• your written detailed account of the incident, including the names of any witnesses, location, etc.
• all tickets given to you
• your receipt for driver's license if it was confiscated
• all paperwork concerning your bond

Information your attorney will need to know:

• details concerning the incident
• dates and charges of all prior arrests/charges
• current status/outcome of those arrests/charges
• amount and type of bond posted for this incident
• county of incident

It is important to:

• keep your attorney informed of ANY change in address or phone number
• seek the counsel of an attorney as soon as possible as some courts have adopted a strict 10-day rule concerning initial hearings
• know that your attorney will usually need at least 3 weeks prior to your court date to submit his appearance and request discovery from the prosecutor's office to be able to determine the best way to effectively represent you
• understand that you will be expected to sign and abide by a fee agreement

Most importantly, you need to know that a bench warrant can be issued for your arrest if you fail to appear for any scheduled court hearings!

Bondsman vs. Cash Bond

All bond money posted to a bondsman is kept by the bondsman as his fee for agreeing to post the full amount of your surety bond with the court. Because he can essentially lose several thousands of dollars if you are not compliant with the court, you would be expected to keep him notified of your current contact information, emergency contact information, attend all required hearings, and abide by all the terms of the contract you will be required to sign.

A cash bond is money usually posted on your behalf by someone you know. This amount is often the full amount of the surety bond, or 10% of the surety bond, depending on how it was set by the judge. The cash bond is kept by the clerk of the court until the case is disposed of. The judge will decide at your final hearing whether to: A) release the bond to the defendant; B) apply part or all of the bond towards the defendant's court costs and fines; C) release the bond to the defendant's attorney for attorney fees; or, D) a combination of A, B or C.

Types of Criminal Charges

Criminal charges are generally divided into 4 categories:

A. Infractions - violations which are usually punishable by paying a fine

B. Misdemeanors - crimes which are usually punishable by paying a fine or by detention of less than a year in jail. There are 3 divisions of misdemeanors:
IC 35-50-3-2 (http://www.in.gov/legislative/ic/code/title35/ar50/ch3.html)

1. Class A Misdemeanor (the most serious); Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000). As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124. IC 35-50-3-3

2. Class B misdemeanor; Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000). As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125. IC 35-50-3-4

3. Class C Misdemeanor; Sec. 4. A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500). As added by Acts 1978, P.L.2, SEC.3554.

C. Felony - the most serious- crimes which are usually punishable by imprisonment for a term exceeding a year. According to Indiana Code, the minimum sentencing guidelines for each division of felonies is as follows:
IC 35-50-2-1 (http://www.in.gov/legislative/ic/code/title35/ar50/ch2.html)

1. for murder, forty-five (45) years

2. for a Class A felony, twenty (20) years

3. for a Class B felony, six (6) years

4. for a Class C felony, two (2) years

5. for a Class D felony, one-half (1/2) year

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.114; P.L.334-1983, SEC.1; P.L.98-1988, SEC.8; P.L.243-2001, SEC.2 and P.L.291-2001, SEC.225.

Criminal Hearings

You need to be present for ALL hearings unless your attorney informs you otherwise. Again, failure to appear at a required hearing may result in additional charges and a bench warrant being issued for your arrest!

A. Initial hearing - the first hearing of your case. This is where you usually will just plead "guilty" or "not guilty". The court will then set a date for your next hearing.

B. Omnibus - If you have not retained an attorney by this date, this hearing may be used as a status hearing to keep the judge informed of your intentions. A public defender may be appointed if you request one and the judge determines that you qualify.

C. Mandatory disposition conference - Often called "MDC"- this is usually the hearing to dispose of your case- any plea agreements made on your behalf are presented to the court, fines are set, services and/or restitution ordered by the judge

D. Trial - if your case was not already disposed of, a bench trial or jury trial will be held. Cases usually go to trial when an acceptable plea agreement has not been negotiated with the prosecutor

E. Sentencing - If you were charged with a felony and your case was not disposed of at an earlier hearing, this is when the judge imposes sentencing

F. Review - If a plea agreement was accepted, many courts require the defendant to appear for this hearing as a follow up to check on compliance. It is usually held 6 months after the plea agreement was accepted by the court.



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