What to Do If You Are Arrested in Indiana

Being arrested is scary and disorienting. You don’t know where to turn or who to trust. That’s why it’s crucial to understand your legal rights and know what to expect throughout the legal process.

Have you or someone you know has been arrested in Indiana? Stracci Law Group, a Northwest Indiana criminal defense law firm, is here to provide essential information and guidance.

What Is an Arrest?

An arrest in Indiana is similar to an arrest in any state in the U.S. The arrest occurs when a law enforcement officer takes a person into custody because they suspect that person has committed a crime. It can take place with or without a warrant. The arrested person is deprived of many of their freedoms while they are in custody.

The arrest is generally the first formal step in the criminal justice process, which may lead to a conviction or an exoneration.

Key Elements of an Arrest

Arrests generally have the following three elements:

• Custody: The person is no longer free to leave and is under the control of the police officers.
• Intent to prosecute: The arrest is made with the intention of charging the individual with a crime.
• Understanding: The individual is made aware that they are being arrested.

In this way, being arrested differs from being detained or simply being asked questions by the police.

Types of Arrests

A warrant is not required for an arrest; however, law enforcement officers may take different actions depending on whether a warrant has or has not been issued:

• With a warrant: Officers detain a suspect after a judge issues an arrest warrant based on probable cause that the suspect has committed a crime.
• Without a warrant: Officers detain a suspect after they witness a crime in progress or have probable cause to believe the individual has committed a crime.

Even if you are not formally arrested, being detained by law enforcement can still have legal consequences. It is crucial to understand your rights and seek legal counsel if you are taken into custody or questioned by the police.

What to Do When You're Arrested in NWI

Being arrested is a frightening experience, but staying calm and knowing your rights can help. Here's what you should do if you're arrested in Indiana:

• Stay calm and cooperate: Keep your rights in mind, but follow the instructions of the arresting officer.
• Ask for a warrant: Officers might search your property or belongings; if they do, ask for a warrant and clearly state that you do not consent to the search.
• Remember details: Remember as much as you can about the circumstances of your arrest, including the names of the officers, what they said, and what they did.
• Invoke your right to remain silent: Politely but firmly state that you wish to remain silent — don't answer any questions about the alleged crime or offer any explanations.
• Ask for an attorney: After you have stated your intent to remain silent, ask for an attorney, and do not speak to the police until you have consulted with your lawyer.
• Contact a loved one or attorney: Once you have the opportunity, contact a trusted friend, family member, or attorney to inform them of your situation and ask for assistance.

Remember that police officers are trained in questioning suspects and may use misleading tactics after your arrest. Stay firmly silent but cooperative until you can speak to legal counsel.

What Not to Do When Arrested in NWI

While knowing what actions to take during an arrest is crucial, it's equally important to understand what not to do. These mistakes can jeopardize your case and potentially worsen your situation:

• Don't panic: While you are in a stressful situation, try to remain calm and focused.
• Don't resist arrest: Resisting arrest can lead to additional charges and may put you and the officers in danger.
• Don't talk to the police without an attorney: Even seemingly harmless statements can be misinterpreted or taken out of context.
• Don't consent to a search: If police search your property, clearly state that you do not consent; this could help your case if officers have not followed the proper legal process.
• Don't argue with the police: Arguing or becoming confrontational will not help your case; stay calm, be polite, and exercise your right to remain silent.
• Don't sign any documents: Do not sign any waivers, confessions, or other documents without consulting with an attorney.
• Don't talk about your case: Avoid discussing your case with other inmates, friends, family members, or anyone else — only talk about it with your attorney.
• Don't try to flee or hide: Attempting to flee or hide could lead to more severe charges and consequences.
• Don't give false information: Lying to the police can result in additional charges and damage your credibility in court.

By avoiding these common mistakes and exercising your rights, you can better protect yourself as you move through the legal system after an arrest in Indiana.

What Happens When You Get Arrested in Indiana?

After being arrested in Indiana, you can expect the legal process to follow several key steps:

Booking and Processing

You will be taken to a police station or local jail for booking. Officers will collect personal information and take your fingerprints and your photograph. Your belongings may also be searched and inventoried.

Police Questioning and Miranda Warnings

After being arrested in Indiana, you may be taken to a room for police questioning. What you and the officers do and say during this stage is crucial, particularly concerning Miranda warnings.

In the United States, law enforcement officers are required to inform individuals of certain rights before interrogations. These rights stem from the landmark Supreme Court case Miranda v. Arizona and include:

• The right to remain silent because any statement you make can and will be used against you in court.
• The right to consult an attorney before questioning.
• The right to have an attorney present during questioning.
• The right to have an attorney provided without cost if you cannot afford one.

The language the officers use may vary, but they must inform you of these specific rights.

Initial Hearing

Within a reasonable time after your arrest (usually 24 to 48 hours), you will have an initial hearing in front of a judge. During this hearing:

• The judge will inform you of the charges against you.
• You will be advised of your rights, including the right to an attorney.
• The judge may set a dollar amount for bail, allowing you to be released from custody before your next court appearance.

Instead of bail, you may be released on your own recognizance. This means that you sign a document promising to appear at your scheduled court date.

In some cases, suspects may be denied bail.

Pre-Trial Proceedings

If you are not released on bail, you will remain in custody until your trial. During this period, your attorney will work on your defense, which may include the following actions:

• Gathering evidence and interviewing witnesses.
• Filing motions to suppress evidence or dismiss charges.
• Negotiating a plea deal with the prosecutor.

Most criminal cases in the U.S. end in plea deals. In a plea deal (also called a plea bargain), your lawyer works with the prosecutor to agree on a fair and favorable outcome, such as reduced charges, probation instead of jail, or a suspended sentence. In return, you may plead guilty and avoid a trial.

Trial

Some cases do not end in plea deals but instead, proceed to trial. During the trial, a jury or judge will hear the evidence and determine your guilt or innocence.

Sentencing

If you are found guilty, the judge will impose a sentence based on Indiana sentencing guidelines, the severity of the crime, and other factors. Penalties may include fines, probation, house arrest, community service, and/or imprisonment.

Appeal

After a conviction, you have the right to appeal the verdict or sentence. An appellate court will review your case to determine whether any legal errors were made.

Let Our Criminal Defense Lawyers Help You

Facing criminal charges in Indiana can be daunting, but you don't have to deal with the legal system alone. The experienced defense attorneys at Stracci Law Group are here to protect your rights, guide you through the process, and fight for a favorable outcome in your case.

If you or a loved one has been arrested, don't hesitate to contact Stracci Law Group today for a consultation. Our team is available 24/7 to discuss your case, answer your questions, and provide the support you need during this challenging time.