Criminal Defense Attorney in Lawrence, Indiana
When you’re facing criminal charges in Lawrence, Indiana, decisions you make today can impact the rest of your life. Whether you’ve been arrested for a DUI or are accused of domestic violence, having an experienced criminal defense attorney by your side can make all the difference in protecting your constitutional rights and securing the best possible outcome for your case. At Zentz Law, our Indiana criminal defense lawyers understand that being accused of a crime is stressful, and we’re here to fight for you every step of the way.
Our Indiana firm has built a reputation for providing aggressive legal representation to clients throughout Marion County and the greater Indianapolis area. Familiar with current and former prosecutors, our Indiana criminal defense attorney brings unique insight into trial cases. Our practice believes everyone deserves a strong defense, regardless of charges they’re facing, and our law office works tirelessly to protect clients from serious consequences that come with an Indiana criminal court trial.
If you’ve been arrested or are under investigation for any criminal matter in Indianapolis or another area in Central Indiana, don’t wait to seek legal help. Contact Zentz Law today at 317-220-6056 to schedule your free consultation with our Indiana practice and learn how our law office can assist you in building the strongest possible defense for your case.
Areas of Criminal Defense Law Our Law Firm Handles
At our Indiana law offices, we handle a wide range of criminal defense cases, from minor traffic tickets and disorderly conduct charges to serious felony charges. While the following represents some of our most common practice areas, these aren’t the only areas of criminal defense law we handle.
Our experienced criminal defense attorney is prepared to defend clients against virtually any type of criminal charge in Indiana. His expertise in Indiana expungement law can help clients clear their records and move forward with a fresh start when eligible.
DUI Charges
Drunk driving, or DUI charges, carry severe penalties in Indiana, including potential jail time, hefty fines, and suspension of your driver’s license. Drunk driving can have lasting impacts on your employment, housing opportunities, and personal relationships.
Our Indiana firm has extensive experience dealing with all aspects of DUI defense, from challenging the initial traffic stop to questioning the reliability of chemical tests. Our Indianapolis law office also assists clients with hardship license petitions and works to minimize the impact of alcohol offenses on their daily lives.
Theft
Theft charges in Indiana can range from minor shoplifting offenses to serious felony crimes involving significant amounts of money or property. Whether you’re accused of stealing merchandise from a store or facing allegations of more complex fraud schemes, the prosecution must prove its case beyond a reasonable doubt.
Our Indianapolis criminal defense lawyer carefully examines all evidence in these cases, looking for weaknesses in the prosecution’s arguments and developing strategies to get charges reduced or dismissed entirely. Our Indiana law office understands how these misdemeanors or felonies can affect your reputation and future opportunities.
Domestic Violence
Domestic violence allegations are taken seriously by law enforcement and prosecutors in Marion County, and even accusations without physical evidence can result in criminal charges. These cases often involve complex family dynamics and emotional situations that require sensitive handling by an Indianapolis criminal defense attorney.
Our Indiana law firm works to protect clients while helping them understand the potential collateral consequences of domestic violence charges, including restraining orders and impacts on child custody arrangements.
DUI Statistics in the US
Driving under the influence remains a significant public safety concern across Indiana and the United States. According to the National Highway Traffic Safety Administration, approximately 28 people die in drunk driving crashes daily in America. These statistics highlight why law enforcement agencies take DUI charges seriously.
The financial impact of DUIs extends beyond court fines and fees. The average cost of a first-time DUI can exceed $10,000 when factoring in legal fees for a criminal defense lawyer, increased insurance premiums, and license reinstatement fees. For repeat offenders, these costs can include lifetime license suspensions and mandatory ignition interlock devices.
Types of DUI Charges
Indiana law recognizes several different types of DUI charges, each with specific legal standards that the criminal prosecutor must meet to secure a conviction. Understanding these distinctions is crucial for developing an effective criminal defense strategy.
Intoxication Charges
Intoxication charges focus on whether a driver’s ability to operate a vehicle was substantially impaired by alcohol or drugs. Indiana criminal prosecutors don’t need to prove a specific blood alcohol concentration but must demonstrate through evidence such as field sobriety tests, officer observations, and witness testimony that the defendant was too impaired to drive safely.
These cases often involve subjective interpretations of behavior and can be successfully challenged by questioning the reliability of field sobriety tests or the training and experience of the arresting officer. With proper legal representation from a criminal defense lawyer, many intoxication cases can result in reduced charges or even be dismissed entirely when constitutional violations or procedural errors are identified.
Per Se Charges
Per se charges are based solely on having a blood alcohol concentration of 0.08% or higher, regardless of whether the driver appeared impaired. These cases rely heavily on chemical test results from breath, blood, or urine samples. However, these tests are not infallible, and criminal defense attorneys know how to challenge their accuracy and admissibility in court.
Factors such as improper calibration of testing equipment, contamination of samples, or violations of testing protocols can all provide grounds for getting charges dismissed. When facing charges based on chemical test results, having an Indiana criminal defense attorney who understands the science behind these tests and proper procedures for administering them can make all the difference at trial.
DUI Checkpoints
Understanding your rights at DUI checkpoints is essential for all drivers in Indiana, as these tools are commonly used by law enforcement agencies throughout the state.
What They Are
DUI checkpoints, also known as sobriety checkpoints, are predetermined locations where police officers stop vehicles in a systematic pattern to check for signs of impaired driving. The Supreme Court has ruled that these checkpoints are constitutional as long as they follow specific guidelines designed to minimize intrusion on drivers while maximizing public safety benefits. Law enforcement agencies must announce checkpoint locations in advance and follow standardized procedures for stopping and screening drivers.
What Happens at One
When you encounter a DUI checkpoint, officers will typically ask for your driver’s license, vehicle registration, and proof of insurance. They’re trained to look for signs of impairment such as bloodshot eyes, slurred speech, or alcohol odor. If an officer suspects impairment, you may be directed to a secondary screening area for field sobriety tests or other evaluation.
Remember that you have rights during these encounters, including the right to remain silent and the right to refuse certain tests, though refusal may result in automatic license suspension under Indiana’s implied consent law. Understanding your rights under the constitution and knowing when to exercise them can be crucial to protecting yourself during these encounters. If you’re facing charges following a checkpoint stop, a criminal defense attorney can review the procedures used and determine whether your rights were violated.
When Is Theft a Misdemeanor or Felony?
The classification of theft charges in Indiana depends primarily on the value of property allegedly stolen and circumstances surrounding the crime. Understanding these distinctions is important because felonies carry much more serious consequences than misdemeanor charges.
Generally, theft of property valued under $750 is charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $5,000. Stealing becomes a Class D felony when property value exceeds $750, or when aggravating factors are present, such as stealing from a person’s body. Class D felony theft can result in up to three years in prison and fines up to $10,000.
The criminal prosecutor bears the burden of proving not only that you took someone else’s property but also that you intended to permanently deprive the owner of that property. This intent element provides opportunities for criminal defense attorneys to challenge crime charges, particularly in cases involving misunderstandings, disputes over ownership, or situations where the defendant believed they had permission to take the property.
Additionally, the criminal prosecutor must accurately establish the value of allegedly stolen property, which can sometimes be more difficult than it appears. When facing charges at trial, our Indiana criminal defense attorneys know how to challenge the criminal prosecutor’s evidence and present compelling arguments for acquittal or reduced charges.
Defenses for Shoplifting Charges
Shoplifting charges, while often viewed as minor offenses, can have significant consequences including criminal charges, fines, and potential jail time. However, there are several viable defenses that an experienced criminal defense attorney can employ to protect clients from these charges.
One common defense involves challenging the criminal prosecutor’s ability to prove intent to steal. Simply leaving a store with unpaid merchandise doesn’t automatically constitute stealing if there was no criminal intent. Factors such as mental confusion, distraction, or honest mistake can serve as valid defenses. Additionally, many shoplifting cases rely heavily on surveillance video or witness testimony from store employees, both of which can be challenged for accuracy and reliability.
Mistaken identity is another potential defense, particularly in busy retail environments where multiple people may be present and surveillance footage may be unclear. Store security personnel and employees are not law enforcement officers, and their observations and actions during detention can sometimes violate a suspect’s rights, providing grounds for suppressing evidence or dismissing charges entirely during a court trial.
How Fraud Can Qualify as Theft in Indiana
Indiana law recognizes that theft can occur through fraudulent means, not just physical taking of property. Understanding how fraud is classified is important because these charges often carry serious penalties and can significantly impact a person’s reputation and future opportunities.
Fraud-based theft in Indiana typically involves obtaining property or services through deception, false pretenses, or misrepresentation. This can include using stolen credit cards, writing bad checks with intent to defraud, or obtaining goods by providing false information. The criminal prosecutor must prove that the defendant knowingly made false statements with intent to defraud the victim and that the victim relied on these statements to their detriment.
Credit card fraud, identity theft, and various internet-based scams all fall under this category. These cases often involve complex financial transactions and electronic data that requires careful analysis to build an effective defense. Our criminal defense attorney has experience dealing with these sophisticated cases and understanding the technical aspects of electronic evidence that criminal prosecutors often rely upon at trial.
Whether your case goes to trial or can be resolved through negotiation, having a criminal defense attorney who understands both the legal and technical aspects of fraud cases is essential. Additionally, for clients with past charges who are looking to move forward, our expungement lawyer can help determine eligibility for clearing criminal records through the expungement process.
Indiana Domestic Violence Laws
Domestic violence laws in Indiana are comprehensive and designed to protect family members, household members, and intimate partners from abuse. These Indiana laws carry serious penalties and can have lasting consequences, making a criminal defense lawyer essential.
Indiana defines domestic violence broadly to include physical violence, threats, intimidation, and other forms of abuse between family members or people in intimate relationships. The law recognizes that domestic violence can occur between current or former spouses, people who have children together, people who live or have lived together, and people in dating relationships.
Penalties for domestic violence can include incarceration, fines, mandatory counseling, and restraining orders that limit contact with alleged victims. Additionally, domestic violence charges can affect child custody arrangements, employment opportunities, and the right to possess firearms.
The criminal prosecutor often pursues these cases aggressively, even when alleged victims are reluctant to testify, making it crucial to have a strong defense strategy from the beginning. Many domestic violence cases go to trial, where knowledgeable criminal defense attorneys can challenge witness testimony and present evidence that contradicts the criminal prosecutor’s version of events.
Types of Domestic Violence That Don’t Include Physical Harm
Many people mistakenly believe that domestic violence charges only apply to cases involving physical assault or battery. However, Indiana law recognizes several forms of domestic violence that don’t require physical contact but can still result in serious criminal charges.
Intimidation
Intimidation in the context of domestic violence involves threatening to commit a crime against another person or their property with intent to place that person in fear of retaliation for a prior lawful act. This can include verbal threats, threatening gestures, or other conduct designed to frighten or coerce a family member or intimate partner. Intimidation charges can be filed even when no physical contact occurs, and the prosecutor only needs to prove that the defendant’s actions were intended to frighten the alleged victim. These cases often involve disputes over text messages, social media posts, or verbal arguments that escalate into criminal charges.
Stalking
Stalking involves repeatedly following, monitoring, or harassing another person in a way that would cause a reasonable person to feel frightened, intimidated, or threatened. In domestic relationships, stalking charges can arise from conduct such as repeatedly calling or texting an ex-partner, following them to work or other locations, or monitoring their activities through social media or other means. Indiana law recognizes that stalking can cause serious emotional harm even without physical violence, and penalties can include jail time and protective orders that limit the defendant’s freedom of movement and communication.
Collateral Consequences of Domestic Violence Conviction
Beyond immediate criminal penalties of fines and potential jail time, Indiana domestic violence convictions carry numerous collateral consequences that can affect virtually every aspect of a person’s life.
One of the most significant consequences is the impact on family relationships and child custody. Courts consider domestic violence charges when making custody decisions, often viewing them as proof that a parent may pose a risk to children. This can result in supervised visitation or reduced parenting time.
Employment consequences can be equally devastating, particularly for people who work in fields requiring professional licenses or security clearances. Many Indiana employers conduct background checks and may refuse to hire or may terminate employees with domestic violence charges. Federal law prohibits people convicted of domestic violence from possessing firearms, which can affect employment in law enforcement, security, or military positions.
Housing can also become difficult to obtain, as many landlords conduct background checks and may refuse to rent to people convicted of domestic violence. Immigration consequences can be severe for non-citizens, as domestic violence charges can lead to deportation or denial of citizenship applications. These far-reaching consequences underscore the importance of fighting domestic violence charges with the help of a criminal defense attorney who understands criminal law. For those who have successfully resolved their cases or completed the terms of their sentence, our expungement lawyer can provide guidance on whether these convictions can be cleared from their record through the expungement process.
FAQs
Can you represent yourself in a criminal case?
While you have the right to represent yourself in a criminal case in Indiana, doing so is rarely advisable and can significantly harm your chances of achieving the best outcome. Indiana criminal law is complex. Prosecutors are experienced attorneys who understand how to build cases, giving them a significant advantage over self-represented defendants.
An experienced criminal defense attorney brings not only legal knowledge to trial but also practical experience in dealing with prosecutors, judges, and court staff. Many attorneys have worked as former prosecutors, providing valuable insight into prosecutors’ strategies and tactics. Criminal defense lawyers understand local court procedures, know how to file proper motions, and can identify weaknesses in the prosecutor’s case that untrained individuals might miss.
Additionally, criminal defense lawyers can negotiate with prosecutors for reduced charges or alternative sentencing options that may not be available to self-represented defendants. They also understand complex constitutional protections established by the Supreme Court that govern criminal proceedings. The stakes in criminal cases are simply too high to risk inadequate representation.
Can you refuse to take a chemical test?
In Indiana, you can refuse to take a chemical test when suspected of DUI, but doing so comes with automatic consequences under the state’s implied consent law. By driving on Indiana roads, you’re considered to have given implied consent to chemical testing if lawfully arrested for DUI. Refusing such tests results in automatic license suspension for one year for a first refusal, or two years for subsequent refusals.
However, refusing a chemical test doesn’t guarantee that you’ll avoid DUI conviction. Indiana prosecutors can still pursue DUI charges based on other information such as officer observations and field sobriety test results. While you have the right to refuse testing, this decision comes with significant consequences that may outweigh any potential benefits.
What is Indiana’s washout period?
Indiana’s washout period refers to the length of time that must pass before a prior DUI conviction is no longer considered for purposes of determining penalties for subsequent DUI charges. In Indiana, this period is five years from the date of the previous conviction. This means that if you’re charged with DUI and have a prior DUI conviction that occurred more than five years ago, the new charge will be treated as a first offense for sentencing purposes.
Schedule a Free Consultation with an Experienced Indiana Criminal Defense Attorney Today
Facing criminal charges in Indiana is a serious matter that requires immediate attention from an experienced criminal defense attorney who understands Indiana criminal law and is committed to protecting your rights. At Zentz Law, we’ve built our practice on providing aggressive legal representation to clients throughout Indiana in Lawrence, Indianapolis, and Marion County, fighting tirelessly to achieve the best possible outcome in every case our law office handles. Our expungement lawyer may even be able to get charges cleared from your record, depending on the circumstances.
Our Indianapolis law firm understands that criminal charges can affect every aspect of your life, from your employment and housing opportunities to your family relationships and personal reputation. That’s why our criminal defense lawyer works closely with each client to understand their unique situation and develop a criminal defense strategy tailored to their specific needs and goals.
Don’t let Indiana criminal charges derail your life or limit your future opportunities. Contact the law office of Zentz today at 317-220-6056 to schedule your free consultation and learn how our experienced criminal defense attorney can help you fight the charges against you. Our Indianapolis lawyer is here to assist and answer questions and provide the legal guidance and representation you need to navigate this difficult time and work toward a fresh start.