Best Criminal Defense Attorneys in Muncie

FAQs

• What is the non-emergency contact number for the local police station in Muncie, Indiana?

  You may call the Muncie Police Department at 765-747-4838 for non-emergency cases.

• Where can I get a copy of police reports for incidents related to my case in Muncie, Indiana?

  You may obtain a copy of the police report for a criminal case at the Muncie Police Department located at 3500 N Broadway Ave.

• Can you be sentenced as a habitual offender in Muncie?

  Yes. Under Indiana law, habitual offender status may be given to defendants in Muncie. Individuals with a habitual offender status could be given doubled sentences or more, depending on the underlying offense and the trial court-ordered habitual offender enhancement. However, being sentenced as a habitual offender is not automatic. The State must first file charging information or an indictment alleging an individual to be a habitual offender.

• Is self-defense allowed in Muncie?

  Yes. Individuals in Muncie are allowed to protect themselves by standing their ground instead of retreating, under Indiana self-defense laws. Unlike other states, Indiana allows individuals to defend themselves against physical harm when they reasonably believe they must use deadly force to prevent serious bodily injury. They do not need to attempt an escape first before defending themselves.

• What happens if you get an OUI charge in Muncie?

  Individuals with a first-time OUI charge for class A or class C misdemeanor in Muncie could face 30 to 60 days in jail and up to a year if their blood alcohol content was 0.15 percent or higher. They may also face a license suspension of 90 days up to two years. Those who refused a chemical test will automatically lose their license for a year and may be ordered to have an ignition interlock in their vehicles.

• What happens if you get charged with OWI multiple times in Muncie?

  Individuals who are charged with two OWI offenses within a 10-year period in Muncie will lose their license for 10 years. For those who are charged with OWI for a third or a fourth time or are involved in two OWI offenses resulting in a death of an individual, their licenses could get permanently revoked.

• How many times can I expunge my criminal record in Muncie?

  Under the state’s expungement law, individuals in Muncie can only expunge their criminal record once in their lifetime. As such, they must consolidate all convictions they want to expunge into a single petition for expungement. Those with convictions in different Indiana counties need to file separate petitions in each county within a 365-day period. There is no limit to the number of expungement petitions they can file for criminal charges and arrests that did not result in a conviction.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.