Criminal Law FAQ

Don't Go Into Court Unprepared

Bring your questions to a criminal defense attorney in Franklin, Martinsville or Greenwood, IN

Getting arrested is always frightening, whether it's your first or third offense. It's important to have all the information about your charges before you walk into the courtroom. Confer with a criminal defense attorney from Dillon Legal Group, P.C. Our criminal law firm defends clients against misdemeanor and felony charges in Franklin, Martinsville and Greenwood, IN.

You need answers. Take a look at some of our most frequently asked questions below.

Q. What should I do if I'm arrested?

A. Don't resist arrest, but do exercise your right to remain silent and record the encounter with your phone. Exercise your constitutional right by requesting an attorney, as well.

Q. What is the difference between a felony and misdemeanor?

A. Felony charges are for offenses which are punishable by more than a year of incarceration. Misdemeanors are lower-level offenses with penalties of less than 365 days of incarceration.

Q. Can a police officer stop me and ask me questions without reading me my Miranda rights?

A. If the officer stopped you and you were not free to leave, they have to read your Miranda advisements for your statements to be permitted in court.

Q. I was asked to go to the police station for questioning. Do I have to go?

A. If you were "asked," you do not have to go. The best thing to do is to exercise your right to remain silent and consult a lawyer.

Q. What if I was just charged with a misdemeanor? Should I plead guilty?

A. You have the right to plead guilty, but it isn't always the best thing to do. Even misdemeanors can have long-term consequences. You should always exercise your right to competent counsel before deciding to plead guilty.

Q. Can I go to jail if I am charged with a misdemeanor?

A. Yes. The amount of jail time is dependent on the level of misdemeanor: up to 60 days for Class C misdemeanors, up to 180 days for Class B misdemeanors and up to 365 days for Class A misdemeanors.

Q. If I am charged with damaging property or theft, will I have to pay restitution?

A. There is a good probability that restitution will be included.

Q. What if I don't complete the terms of my sentence?

A. If you don't complete probation terms or conditions of a suspended sentence, you could be called back to court and ordered to serve the balance of the suspended sentence in jail.

Q. Do the police need a warrant to conduct a search?

A. Normally, yes. However, there are exceptions to the warrant requirement.

Q. What steps are part of a criminal court case?

A. A criminal court case consists of:

An initial hearing
One or more pre-trials
A court or jury trial

Q. If I'm innocent, why do I need a lawyer?

A. A lawyer has specialized training in courtroom proceedings and knows how to present evidence in a way that a court is allowed to consider it. A lawyer also knows how to investigate and collect evidence in an attempt to prove your innocence.

Q. Do you handle all kinds of criminal cases?

A. We have experience handling infractions, misdemeanors and felonies.

Q. Can I get my criminal record sealed?

A. Indiana's second chance laws let you seal or expunge certain types of offenses. You'll need to speak with a lawyer to go over the details.

Q. Can you get my charges dismissed? If not, what kind of outcome can I expect?

A. Motions to dismiss are very rare in criminal cases. Every outcome is different, and we can't offer any guarantees. That being said, you have a right to maintain your innocence. If the state is not convinced of your innocence informally, you should plan on taking your case to trial.

Q. Why should I hire Dillon Legal Group, P.C. over a public defender?

A. Indiana's public defender system is incredibly overburdened with heavy caseloads. Hiring us as your attorney allows us to devote the time and energy to your case that you deserve.

Q. What's the difference between an acquittal and a not-guilty verdict?

A. A not-guilty verdict is the same as an acquittal.

Q. How long does a criminal case take?

A. Most cases take a few months to resolve. However, some cases can take more or less time, depending on the situation.

Q. Will I get a harsher sentence if I lose at trial after declining a plea offer?

A. You often have the possibility of getting a harsher penalty at trial if you lose. However, that is dependent on whether you lose on all charges.

Q. Can I remove an arrest from my record?

A. If the arrest didn't result in a conviction, you can go through an expungement process to remove it from your record.

Q. Should I tell my lawyer the truth, even if I'm guilty?

A. Absolutely. Your criminal defense attorney is the one person in the room whose job it is to help you. They can only help you if they know the full truth.

Still have questions? Consult our criminal law firm in Franklin, Martinsville or Greenwood, IN today.

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