For An Indiana Criminal Defense Lawyer Who
Recognizes The Need For A Pro Active Defense
At Stark Law Offices, P.C. you will find an Indiana Criminal Defense Attorney who know the pain and anxiety of good people caught up in a bad legal situation. As Criminal Defense Lawyers in Indiana, it is our job to help you through the legal process to make sure that you or a loved one is protected when you don't know where to turn.
It is natural to be fearful when it seems that the police or prosecutors are looking to take away your liberty and livelihood. As defense attorneys in Indiana, that's where we come in. At Stark Law Offices, P.C., you will find an Indiana Criminal Defense Lawyer with three decades of experience in doing everything legally possible to get your life back on track. When facing criminal charges anywhere in the State of Indiana there is no need to go it alone. We've been there to protect the legal rights of countless numbers of people whether they be doctors, lawyers, even policemen who have been accused of legal wrongdoing and we'll be there for you. Call us for free. When needing legal protection anywhere in Indiana, we know how to help you.
This webpage focuses on what people should be doing before criminal charges have been filed against them in the state of Indiana. If charges have already been filed against you or someone you care for, please start at our homepage or click on the appropriate link to review Indiana DUI Laws, Theft & Indiana Shoplifting Laws, Indiana Drug Laws or Indiana Sex Crime pages to better help answer questions based on specific charges one may be facing.
We handle all cases big and small. From all Indiana Misdemeaners and Indiana Traffic Offenses, Indiana Probation Violations to the most serious felony offenses, whether in any Indiana State Court, Indiana Juvenile Court or Federal Court.
I AM BEING QUESTIONED BY THE POLICE. SHOULD I TALK TO THEM? WHAT SHOULD I DO?
An Indiana criminal attorney or Indiana dui
lawyer must recognize the importance of preserving all of our
client's legal rights, whether one has been charged with a crime
or being investigated.
We believe that Indiana attorneys must take an
aggressive posture in defending our client's rights as soon as an
individual believes that he or she is the target of a criminal
investigation or charge.
As a general rule we advise our clients to remain silent and
refer any questions to us if contacted by any Indiana law
enforcement officials.
It is often natural to trust and believe that one in law
enforcement will be open to your statements and will look out for
your best interests when conducting an investigation. As criminal
attorneys in Indiana we assume that they will not. As a result,
it is our belief that you do not speak without an attorney for
fear that it will impair your ability to present the best possible criminal
defense.
It is our obligation to always remind
clients charged with a criminal offense that you have the
right to remain silent and to have a criminal attorney in Indiana
at all stages of a prosecution. It is all too easy to
lose legal protections without the help of a
criminal lawyer who is trained to understand the ins and outs of
the criminal process under Indiana Criminal Law or Indiana DUI Laws.
An experienced Indiana criminal defense attorney knows that
everything you say can and will always be used against you in an
Indiana court of law. Countless times our clients have been told
by law enforcement officials that they would receive better
treatment if they would speak freely to them and cooperate. Police
officers and other law enforcement officials have no legal authority
to make agreements that bind Indiana prosecutors.
Your Indiana criminal attorney needs to know that police officers
cannot make things better for you once a prosecutor files criminal charges or a probation violation is filed.
A veteran criminal lawyer in Indiana has heard the claim
over and over again that an innocent adult or child within an Indiana juvenile court prosecution has nothing to hide
and does not need the services of criminal attorneys in Indiana.
Don't fall for these tactics that serve no purpose other than to diminish
your legal criminal rights.
SHOULD I WAIT UNTIL CHARGED WITH A CRIME BEFORE RETAINING AN ATTORNEY?
If you have not yet been charged with a criminal offense, it is important
for a criminal attorney in Indiana to explain the criminal process.
One suspected of committing a criminal offense in Indiana can
either be charged by a prosecutor after their own internal
investigation or have the investigation submitted to a grand jury to
decide if criminal charges are warranted.
Most criminal investigations are not brought before a
grand jury. As a result, it is critical that an Indiana criminal
attorney communicate the importance of a pro active defense within any DUI or Indiana drug related case, theft crime investigation, or sex crime within a state or federal prosecution.
Having a criminal lawyer in Indiana intervene before charges
are filed can often result in convincing a prosecutor not to file
criminal charges or to reduce the charges a client would otherwise
be facing. Criminal defense attorneys in Indiana know
that no charges or enhancements brought against a client is always
better than an arrest and dismissal later on.
Recent developments confronting criminal attorneys in Indiana involve
the use of Habitual Offender Statutes and Habitual Substance
Offender Statutes (HSO) and the significant additional punishment
that can potentially arise to clients who delay in retaining a
criminal lawyer until after such an enhancement has been filed.
As experienced Indiana criminal lawyers practicing throughout the state,
it is our belief that unrepresented clients too often face more of a likelihood
of the charges they are facing being enhanced by the arbitrary imposition
of such statutes.
In the case of the Habitual Substance Offender statute for
example, one charged with a third alcohol or drug related conviction
may qualify at the Indiana prosecutor's discretion for the mandatory
imposition of 3-8 years in prison. It is often discussed among
criminal attorneys in Indiana that an overreaching
county prosecutor could conceivably abuse such statutes to use
mere possession of Marijuana and alcohol convictions to imprison
someone longer than one convicted of a violent felony.
In the case of the general habitual statutes it is vital that
your criminal defense lawyer understand and communicate that
depending on the legal circumstances of a case, one can face an
additional thirty years imprisonment to enhance an offense charged.
These are just some of many examples as to why your criminal lawyer
in Indiana must be pro active in doing everything in his or her
power to head off such additional penalties and enhancements if
at all possible.
Where criminal charges are in question before an prosecutor, an
Indiana criminal attorney must also have an understanding of the
grand jury process.
What is known as a grand jury in Indiana hears potential evidence
by a prosecutor's office and determines whether to issue
what is known as a criminal indictment. The grand jury is
an independent body of citizens, whose function includes not only
the investigation of a crime in Indiana but also the protection
of those facing groundless charges and investigations.
While a grand jury is sometimes described as
performing accusatory and investigative functions, the grand jury's
principal function is to determine whether or not there is probable
cause to believe that one or more persons committed
a certain offense within the State of Indiana.
When a grand jury rules,
potential charges will be decided not by a prosecutor but
by citizens who will hear evidence brought before them.
Experienced criminal attorneys know to advise a client that
he or she need not appear before such a body if they are a target
of a criminal investigation or restrict or eliminate their testimony
altogether if their appearance could diminish their legal
protections and incriminate them where called as a witness.
What might be surprising to people is the fact that a criminal
defense lawyer may not appear before a grand jury once the client
comes before it to give testimony. It is therefore of the utmost
importance that your Indiana criminal attorney understand such
legal rules to provide you with every legal protection available.
Whether criminal charges result from the decision of a
county prosecutor or a grand jury in state or federal proceedings,
your Indiana criminal attorney must have the experience and training
to clearly help you understand what is going on and why in order
to protect you.
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