1. Jeff Cardella Law Office
Practice Focus: Criminal defense, expungement, civil rights litigation, forfeiture defense, post-conviction relief
Case Types Handled: Felonies, misdemeanors, federal crimes, drug offenses, DUI/OWI, assault, theft, weapons charges, expungements, record sealing, civil rights violations
Legal Services: Trial defense, jury trials, court trials, suppression hearings, post-conviction relief, forfeiture proceedings, 1983 civil rights actions, federal and state appeals, probation revocation hearings, hardship license petitions, specialized driving privileges petitions
Background: Jeff Cardella has practiced criminal defense throughout his legal career. He has been recognized as one of the Top 100 Attorneys by the National Trial Lawyers. He has been named a Top Ten Attorney in Indiana by the American Institute of Criminal Law Attorneys and a Top 10 Under 40 Criminal Defense Attorney by The National Academy of Criminal Defense Attorneys. He taught criminal law at Indiana University School of Law and has served as a Judge Pro Tem in Indianapolis. He has represented law enforcement officers and fellow criminal defense attorneys facing criminal charges. He co-authored the amicus brief for the United States Supreme Court case Timbs v. State of Indiana, in which the Court held that Indiana’s forfeiture practices violated the Excessive Fines Clause.
Location: Indianapolis, Indiana (Marion County)
Contact: (317) 695-7700 | https://cardellalawoffice.com
Consultation: Free consultation available
2. Hessler Law, PC
Practice Focus: Criminal defense, OWI/DUI defense, drug crimes, domestic violence, theft, fraud, public nuisance charges, CHINS cases
Case Types Handled: Felonies, misdemeanors, OWI/DUI, drug possession and distribution, domestic violence, assault, theft and larceny, fraud, embezzlement, identity theft, forgery, check and credit card fraud, probation violations
Legal Services: Trial defense, motion practice, plea negotiations, evidence review, probation violation hearings, license restoration, expungements
Background: Sean Hessler is a former prosecutor who founded Hessler Law, PC. His experience as a prosecutor provides insight into how the government approaches criminal cases in Indiana. The firm has represented clients facing criminal charges throughout Indianapolis and Marion County, with experience in both state and federal courts.
Location: Indianapolis, Indiana (Marion County)
Contact: https://www.hesslerlaw.com
Consultation: Consultation available
3. The Marc Lopez Law Firm
Practice Focus: Criminal defense, OWI/DUI defense, drug crimes, assault, theft, probation violations
Case Types Handled: Felonies, misdemeanors, OWI/DUI, drug offenses, assault, domestic violence, theft, weapons charges, probation violations
Legal Services: Trial defense, motion practice, plea negotiations, jury trials, probation violation hearings, expungements
Background: The Marc Lopez Law Firm is a criminal defense practice based in Indianapolis with multiple office locations. The firm maintains a staff of experienced trial attorneys who handle criminal defense cases throughout Central Indiana. The firm has received client testimonials recognizing the responsiveness, patience, and knowledge of the legal team. The firm emphasizes communication with clients throughout the legal process.
Location: 120 E Market Street, Suite 710, Indianapolis, IN 46204 and 8435 Keystone Crossing, Suite 250, Indianapolis, IN 46240
Contact: (317) 632-3642 | https://marclopezlaw.com
Consultation: Consultation available
4. Keffer Hirschauer LLP
Practice Focus: Criminal defense, family law, handgun license matters, protective orders, federal criminal defense
Case Types Handled: Felonies, misdemeanors, federal crimes, drug offenses, violent crimes, sex crimes, white collar crimes, theft, weapons charges, handgun license appeals
Legal Services: Trial defense, federal court representation, appeals, motion practice, plea negotiations, protective order representation, handgun license restoration
Background: The attorneys at Keffer Hirschauer LLP have backgrounds as former prosecutors, which provides insight into prosecution strategies. The firm handles criminal cases in both state and federal courts in Indiana. Attorneys at the firm have experience in lead counsel roles prosecuting and defending criminal charges ranging from misdemeanors to major crimes. The firm serves clients throughout Marion County, Hamilton County, and the greater Indianapolis area.
Location: Downtown Indianapolis, Indiana
Contact: (317) 648-9560 | https://www.indyjustice.com
Consultation: Free initial consultation available
5. Baldwin, Perry & Wiley, PC (Criminal Defense Team)
Practice Focus: Criminal defense, homicide defense, sex offense defense, drug crimes, white collar crimes
Case Types Handled: Murder and homicide, sexual battery, felony drug cases, white collar crimes, assault, domestic violence, theft, federal crimes
Legal Services: Trial defense, jury trials, motion practice, plea negotiations, evidence suppression motions, investigation
Background: Baldwin, Perry & Wiley, PC has over 110 years of combined legal experience among its attorneys. The firm was featured on CBS’s true-crime series “48 Hours” for their successful defense of Alison Davis in the high-profile case State of Indiana v. Alison Davis. Partner Max Wiley has obtained case dismissals by successfully arguing motions to suppress evidence based on unconstitutional detention. Partners Kathie Perry and Andy Baldwin secured a not guilty verdict in a sexual battery case involving multiple accusers. Partners Kathie Perry and Max Wiley obtained a not guilty verdict on murder charges, resulting in a conviction for the lesser offense of voluntary manslaughter.
Location: Indianapolis, Indiana (Marion County and surrounding counties)
Contact: (317) 687-8326 | https://www.criminaldefenseteam.com
Consultation: Consultation available
Criminal Defense Regulations in Indiana
Indiana requires attorneys to pass the Indiana Bar Examination and meet character and fitness requirements before admission to practice. The Indiana Supreme Court oversees attorney licensing through the Board of Law Examiners and regulates attorney discipline through the Disciplinary Commission.
Indiana does not have a state-mandated specialty certification program for criminal law, unlike Texas or California. The Indiana State Bar Association is an Independent Certifying Organization (ICO) for Family Law and Trust and Estate Law but does not offer criminal law certification. Attorneys may hold national certifications from organizations such as the National Board of Trial Advocacy.
Indiana operates a county-based public defender system. The Indiana Public Defender Commission (IPDC) provides standards and guidelines for counties that participate in the reimbursement program. The State Public Defender, appointed by the Indiana Supreme Court, handles post-conviction relief and appeals for indigent defendants. Counties determine indigency eligibility, and courts may consider eligibility for public assistance programs as evidence of qualification for a public defender.
Indiana felonies are classified by levels: Murder (unclassified, 45 to 65 years or life imprisonment), Level 1 Felony (20 to 40 years), Level 2 Felony (10 to 30 years), Level 3 Felony (3 to 16 years), Level 4 Felony (2 to 12 years), Level 5 Felony (1 to 6 years), and Level 6 Felony (6 months to 2.5 years). Indiana misdemeanors are classified as Class A (up to 1 year), Class B (up to 180 days), and Class C (up to 60 days). Indiana does not have the death penalty, having abolished capital punishment in 2023.
Attorney advertising in Indiana is governed by the Indiana Rules of Professional Conduct. Attorneys may not make false or misleading communications about their services.
Indiana expungement laws allow individuals to petition for sealing of certain criminal records. Eligibility depends on the type of conviction, time elapsed since completion of sentence, and criminal history. Misdemeanor convictions may be eligible for expungement five years after conviction. Most felonies may be eligible eight years after conviction, with certain serious felonies (Class A, Level 1, Level 2) eligible ten years after conviction. Certain offenses, including sex offenses requiring registration and official misconduct, are not eligible for expungement.
Indiana has sentencing enhancement provisions for repeat offenders, including habitual offender enhancements that can significantly increase sentences for defendants with prior unrelated felony convictions.
Frequently Asked Questions
Q1: What happens after I am arrested in Marion County, Indiana?
A1: After an arrest in Marion County, you will be transported to the Marion County Jail for booking and processing. You will typically appear before a judge for an initial hearing within 48 to 72 hours of arrest. At this hearing, the court will advise you of the charges, inform you of your rights including the right to an attorney, and set bail or bond. If you cannot afford an attorney, you may request a public defender at this hearing. The court will review your income to determine eligibility. For felony cases, an initial omnibus hearing is scheduled where discovery is exchanged and preliminary matters are addressed.
Q2: What are the OWI (Operating While Intoxicated) laws and penalties in Indiana?
A2: In Indiana, driving under the influence is called Operating While Intoxicated (OWI). A first-time OWI with a blood alcohol concentration (BAC) of 0.08 to 0.15 is typically a Class C misdemeanor, punishable by up to 60 days in jail and fines up to $500. If the BAC is 0.15 or higher, it becomes a Class A misdemeanor with penalties up to one year in jail and fines up to $5,000. OWI causing serious bodily injury is a Level 6 Felony. OWI causing death is a Level 5 Felony. License suspension ranges from 90 days to two years depending on the offense level. Indiana also has specialized driving privileges that an attorney can help you petition for if your license is suspended.
Q3: Does Indiana have pretrial diversion programs?
A3: Yes, Marion County and many other Indiana counties offer pretrial diversion programs for certain first-time offenders charged with non-violent crimes. Successful completion of diversion typically results in dismissal of charges. Marion County also has specialty courts including Drug Court, Mental Health Court, Veterans Court, and Domestic Violence Court that provide treatment-based alternatives to traditional prosecution. Eligibility depends on the specific offense, criminal history, and individual circumstances. An attorney can help determine if you qualify for diversion or specialty court programs and advocate for your admission.
Q4: How does the expungement process work in Indiana?
A4: Indiana’s expungement law (Indiana Code 35-38-9) allows eligible individuals to petition to seal certain criminal records from public view. To begin the process, you must file a verified petition in the court where the conviction occurred. The petition must include your criminal history, a statement that no charges are pending, and a statement of the grounds for expungement. Filing fees range from $156 to $200 depending on the court. The prosecutor has 30 days to object. For certain misdemeanors, expungement may be granted without a hearing. For felonies, a hearing is typically required. If granted, the records are sealed from public view, though law enforcement and certain agencies may still access them. Waiting periods range from one year (for arrests not leading to conviction) to ten years (for serious felonies).
Q5: What rights do I have if police want to search my vehicle or home in Indiana?
A5: Under the Fourth Amendment to the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, you have the right to be free from unreasonable searches and seizures. Police generally need a warrant to search your home. For vehicle searches, officers may search without a warrant if they have probable cause to believe evidence of a crime is present, if you consent to the search, during a lawful arrest (incident to arrest), or if evidence is in plain view. You have the right to refuse consent to a search. If you believe a search was unlawful, a criminal defense attorney can file a motion to suppress any evidence obtained from that search. Indiana courts have interpreted the Indiana Constitution to provide stronger protections against unreasonable searches than the federal Constitution in some circumstances.