Resolving Charges In Indiana Without Going To Trial
If you are facing criminal charges in Indiana, you are likely scared of going to trial. You are probably also worried about the cost of a trial. After all, going to trial can be expensive. You may be asking yourself, “How can I resolve my criminal charges without going to trial?” So, how can you? Well, in Indiana, there are several ways to resolve criminal charges without going to trial. The legal specifics of the other ways of resolving criminal charges in Indiana may be overwhelming, but the bottom line is that you have options. To learn if any of the following options apply to your case, contact an experienced Indiana criminal defense attorney.
Get Your Criminal Charges Dismissed
This first possibility is the best-case scenario, that is getting your charges dismissed. However, without a legal or factual basis, it is very hard to get your charges dismissed. The following are some of the reasons your case may be dismissed;
- Insufficient evidence: The prosecutor must present enough evidence to prove your guilt beyond a reasonable doubt. If your criminal defense attorney can convince the prosecutor their evidence is insufficient, then a trial is unnecessary.
- The case cannot legally proceed: For example, if the alleged victim fails to show up, the prosecutor may choose to drop your case.
- Your rights were violated: If your constitutional rights were violated, your attorney may be able to suppress key State’s evidence. For instance, your attorney may be able to get your charges dismissed if the police violated your right to be free from unreasonable searches and seizures.
Pretrial Diversion Program (PDP)
A pretrial diversion program allows a criminal defendant to enter a deal with the state to complete a prearranged program instead of going to trial. However, PDP is not guaranteed for any charge. According to Indiana law, the following are some of the cases that are not eligible for PDP;
- Murder
- Level I felony cases
- Level 2 felony cases
- Level 3 felony cases
- Level 4 felony cases
- Cases in which a person holds a commercial driver’s license at the time of the request for PDP
- DUI/OWI
The terms of PDPs vary, but they generally include a fine, community service, classes specific to the charges, and counseling.
Plea Bargaining
Lastly, you have the option of entering plea agreement. In a plea agreement, you agree to plead guilty to some or all the charges, and the prosecutor agrees to recommend a lighter sentence, reduce the charges, or make some other concession. Most criminal cases in the United States are resolved through plea bargaining.
Sometimes, a trial Is the Best Option.
As much as you want to avoid going to trial, you should keep in mind that depending on the specifics of your case, trial may simply be your only choice. For instance, in Indiana you must admit guilt, to some offense, as part of a plea agreement. Indiana does not have “no contest” pleas or “Alford Pleas”. These are options that would allow you accept the conviction without admitting guilt. A skilled criminal defense attorney can advise you accordingly.
Contact an Indianapolis Criminal Defense Lawyer
To get help with your criminal case, contact an experienced and dedicated Indianapolis criminal defense lawyer at Rigney Law LLC.
