ARREST AND CHARGES. The more formal stage of a case usually begins when someone is placed under arrest, or “charged” with a crime. A “charge” is the method that the State of Indiana uses to accuse someone in Court of a crime and start the process of proving their guilt beyond a reasonable doubt. If you are arrested and are still in jail, the judge has to give you a hearing quickly to advise you of your charges and your rights, make sure you are hiring a lawyer or appoint a public defender. At this hearing, the judge will also consider whether you qualify for pretrial release pending your trial and whether you should be required to post a bond in order to be released. The two key factors in making a decision on pretrial release are: (1) the likelihood you will cooperate and appear for all future hearings or proceedings in the case; and (2) whether you are a danger to the community.

If you are charged with a misdemeanor, you may be able to "waive" the initial hearing in your case. Call us to learn more about this option and whether it is right for you.