Keffer Hirschauer Indiana Law Firm Logo
Search
Close this search box.
Keffer Hirschauer Indiana Law Firm Logo
put short code to menu here

Share this Article

Share this Article >

Criminal Defense Attorney in Noblesville

If you’re involved in a criminal investigation in Noblesville, Indiana, or have been arrested and charged with a criminal offense, you probably feel quite overwhelmed right now. That’s to be expected. In order to take control of the situation you’re in, you’ll want to get a better grasp on your legal rights in Indiana and ultimately, hire a criminal defense attorney in Noblesville, Indiana to help you navigate the justice system and protect your constitutional rights.  

The Indiana criminal defense lawyers at Keffer Hirschauer LLP have defended countless Hoosiers in Noblesville, as well as throughout Hamilton County and Central Indiana. Our partners, Bradley Keffer and Tom Hirschauer III, are former deputy prosecutors with experience handling legal matters from both sides of the criminal justice system. They both possess intimate knowledge of how the courts in Hamilton County operate and are well-suited to provide you with legal insights into how the prosecution may approach your case and the best defense strategies to counter such actions. 

If you’re looking to speak with a Noblesville criminal defense lawyer today, contact our firm at 317-857-0160 or complete our online contact form to schedule a free consultation. From initial consultation to the courtroom, we’ll ensure that your rights are protected, your voice is heard, and that everything is being done to secure the best possible outcome in the case against you.  

Looking for a Criminal Defense Attorney in Indiana? Call Keffer Hirschauer LLP Today.

When you’ve been detained by police and/or charged with a crime, it’s vital that you understand your rights and how they apply to the criminal justice system. These rights include your right to remain silent, your right to an attorney, your right to be free from illegal search and seizure, and your right to a fair trial.  

Miranda Rights 

When police take a person into custody and intend to question them, they must inform the individual of their Miranda rights beforehand. The intention behind this is to protect citizens from self-incrimination and ensure that they are aware of their right to legal counsel. In other words, when you’ve been detained by police, you are not obligated to provide them with any information, and you are well within your rights to request access to an attorney. 

In non-custodial situations, like voluntary interviews or exchanges with law enforcement, the police may not be required to inform a person of their Miranda rights. In addition, police do not need to read a person their Miranda rights in order to arrest them. The validity of an arrest is based on probable cause, while Miranda rights pertain to the admissibility of statements made during police custody and/or interrogation. 

Ask any criminal defense attorney in Noblesville about Miranda rights, and they’ll probably all say the same thing – whenever you’re arrested, it’s hugely important that you explicitly and unequivocally invoke your Miranda rights. Remaining silent is not enough. You’ll need to clearly state, out loud, that you would like to exercise your right to remain silent and your right to an Indiana criminal defense attorney. This statement must be respected by law enforcement, and questioning should cease until an attorney is present. That said, if you do initiate a conversation with law enforcement after invoking a right, it opens the door for law enforcement to begin interrogating again.  

Protection Against Unreasonable Search and Seizure 

The Fourth Amendment of the U.S. Constitution protects US citizens from unreasonable searches and seizures. It requires that all search warrants be obtained by demonstrating probable cause and that the warrants specify the location that shall be searched for and the property that shall be seized. In addition, under the Indiana’s search and seizure laws, residents or property owners in Indiana have several specific rights and protections when a search warrant is executed. These include the right to be informed of the execution of a search warrant; and the search shall be limited to the areas and items listed in the warrant, under most circumstances. If any of these rights are violated, the evidence that was obtained in the search could potentially be suppressed in court, in line with the exclusionary rule

It’s also important for all Hoosiers to understand their Pirtle Rights in Indiana. These rights ensure that individuals who are in police custody and asked for consent to search are informed of their right to refuse consent to a search and their right to consult with an attorney before deciding whether to grant consent. In other words, if you’ve been taken into custody by police and they want to ask you if they can search your car or home, they must first read you a Pirtle Warning. 

Pirtle Warning in Indiana: “You have the right to require that a search warrant be obtained before any search of your residence, vehicle, or other premises. You have the right to refuse to consent to any such search. You have the right to consult with an attorney prior to giving consent to any such search. If you cannot afford an attorney, you have the right to have an attorney provided to you at no cost.” 

Right to Fair Trial 

The right to a fair trial is a fundamental principle in the United States, enshrined in the Sixth Amendment of the United States Constitution and vital to maintaining the integrity of the legal system. This right ensures that every individual accused of a crime is given a just and impartial hearing, safeguarding their liberties against miscarriages of justice. Here’s what the right to a fair trial typically includes and why it is essential. 

Key Components of a Fair Trial 

  • Presumption of Innocence: Central to the concept of a fair trial is the presumption of innocence. This principle mandates that an individual is considered innocent until proven guilty beyond a reasonable doubt. This places the burden of proof onto the prosecution, which must establish the defendant’s guilt through evidence and testimony. 
  • Right to a Public Trial: Trials must be open to the public, except in very rare cases where privacy is deemed necessary for safety or security reasons. Public trials help ensure transparency in the proceedings and prevent abuses of power. 
  • Right to an Impartial Judge and Jury: Defendants are entitled to have their case heard by an impartial judge and, in many cases, a jury. This means the individuals deciding the case should not have any conflicts of interest or biases that might affect their judgment. 
  • Right to Legal Representation: Under the Sixth Amendment, defendants have the right to be represented by a criminal defense attorney in Noblesville. If they cannot afford one, the government must provide an attorney for them. This is crucial because legal expertise significantly affects the outcome of trials. 
  • Right to Confront Witnesses: Defendants have the right to confront and cross-examine all witnesses testifying against them. This allows the defense an opportunity to challenge the credibility and reliability of the prosecution’s evidence. 
  • Right to Present Evidence: Defendants can bring their own evidence and witnesses to trial. This ensures that the jury hears both sides of the story, contributing to a more balanced and fair judgment. 
  • Right to a Speedy Trial: To prevent undue delays that can compromise the quality of evidence and prolong the stress and uncertainty of legal proceedings, defendants have the right to a speedy trial. This means the government must bring them to trial within a reasonably short time after being charged. 

Steps to Take When Charged with a Crime in Noblesville, Indiana 

1. Contact a Criminal Defense Attorney in Noblesville: When you’ve been arrested in Noblesville, Indiana, the first thing you’ll want to do is contact the best criminal defense attorney in Indiana possible. They will be able to provide you with essential legal guidance and serve as your unwavering advocate throughout the process; fighting to protect your rights and aiming to achieve the best possible outcome. 

2. Prepare for Your Defense: Preparing a defense involves thorough discussions with your lawyer. They’ll examine the charges against you, investigate and discuss the evidence, and prepare a defense strategy that is tailored to the specifics of the case against you. It may involve gathering evidence, locating witnesses, and preparing submissions for court. 

3. Understand the Court Process: Your attorney will guide you through the various stages of the criminal process; from everything that takes place before a criminal trial in Indiana to the trial itself and potential sentencing. Knowledge of the procedural aspects of the criminal justice system is essential, as this can significantly alleviate the anxiety of the unknown.  

4. Prepare for Collateral Consequences: When you’ve been arrested in Indiana, it’s important to understand that you may face certain collateral consequences, even if you haven’t been convicted. In fact, for many Hoosiers, a low-level arrest could pose a significant threat to their professional license in Indiana. This is especially true for those who work in Healthcare, like doctors and nurses, who must answer “positive response” questionnaires upon the renewal of their license. In situations like these, it’s critical to work with a professional license defense attorney in Indianapolis to address the matter in a way that minimizes any potential sanctions.  

Need to Speak with a Criminal Defense Attorney in Noblesville Today? 

If you’d like to speak with an experienced, skilled Hamilton County criminal defense attorney today, call 317-857-0160 or complete our online contact form to schedule a free consultation. Although our team is based out of Indianapolis, our attorneys routinely handle cases all throughout Hamilton County, including Noblesville, Carmel, Fishers, and Westfield. Regardless of where you are located, or the severity of the allegations made against you, our team is prepared to come to your defense. We will work tirelessly to protect your rights, your freedoms, and your future.  

Summary
Criminal Defense Attorney in Noblesville, Indiana
Article Name
Criminal Defense Attorney in Noblesville, Indiana
Description
In this article, a Criminal Defense Attorney in Noblesville explains your legal rights when arrested in Indiana.
Publisher Name
Keffer Hirschauer LLP

Topic Categories

More Topics