Facing Felony Charges in Indiana: What You Need to Know and What to Do Next

By Eric Benner

Being accused of a felony can change the direction of your life almost immediately. An arrest may affect your freedom, employment, professional reputation, family, finances, and future long before a criminal case ever reaches trial.

For someone facing felony charges in Noblesville, Hamilton County, Marion County, Indianapolis, or elsewhere in Central Indiana, one of the most important things to understand is that a criminal charge is an accusation, not a conviction.

What happens next matters.

Having practiced law in Indiana since 1989, I have seen how decisions made during the earliest stages of a criminal case can influence what happens months or even years later. The first priority should be understanding the charge, protecting your rights, and developing a strategy based on the actual evidence and circumstances involved.

Indiana Felony Charges Can Carry Serious Consequences

Indiana categorizes most felonies by levels, and the potential consequences vary substantially depending upon the offense and circumstances.

A felony case can involve much more than possible incarceration. A conviction may affect:

• Employment and career opportunities
• Professional licenses
• Firearm rights
• Housing opportunities
• Immigration status for noncitizens
• Personal and professional reputation
• Future criminal sentencing
• Family relationships

Indiana law generally defines a felony conviction as one for which a person might have been imprisoned for more than one year.

The seriousness of these potential consequences is one reason felony charges should be addressed carefully from the beginning.

What Happens After a Felony Arrest?

The exact process depends upon the case, but a defendant may encounter several stages of Indiana’s criminal justice system.

These can include an arrest, initial hearing, pretrial release determination, discovery, motions, plea negotiations, and potentially a trial.

At an initial hearing, Indiana’s Criminal Rules require the court to advise a defendant of applicable constitutional rights and deadlines. Unless a defendant enters another plea, the court enters a preliminary plea of not guilty. Indiana’s rules also restrict plea negotiations with an unrepresented defendant who has not waived counsel.

That first court appearance is not the time to assume the case has already been decided.

It is the beginning of the process.

Do Not Try to Explain the Case to Everyone

People accused of crimes often understandably want to explain themselves.

That instinct can create problems.

Conversations, text messages, emails, social media posts, and other communications may potentially become relevant to a criminal investigation or prosecution.

Similarly, attempting to contact witnesses or other people involved in a case can create complications.

Before making decisions about how to respond to an accusation, it is important to understand your rights and the legal implications of what you say and do.

The Evidence Deserves Careful Review

A criminal charge does not tell the entire story.

Depending upon the case, evidence may include:

• Police reports
• Body-camera footage
• Surveillance video
• Witness statements
• Photographs
• Phone records
• Digital communications
• Physical evidence
• Laboratory testing
• Search warrants
• Statements attributed to the defendant

One of the central responsibilities of criminal defense counsel is to examine what the State can actually prove.

Questions may arise about how evidence was obtained, whether searches were lawful, whether witnesses are reliable, whether statements were taken appropriately, and whether the evidence supports the specific offense charged.

Felony Cases Are Not All Resolved the Same Way

There is no single strategy that works for every criminal case.

Depending upon the facts, options might involve challenging evidence, filing motions, negotiating with prosecutors, seeking a reduction of charges, considering a plea agreement, or preparing for trial.

The appropriate strategy depends on the evidence, criminal history, potential penalties, goals of the client, and numerous other circumstances.

Good criminal defense is not simply about reacting to what the prosecution does.

It is about developing a strategy.

Local Experience Can Matter

Criminal law is governed by Indiana law, but cases are handled in local courts by local judges, prosecutors, law enforcement agencies, and attorneys.

A lawyer’s familiarity with the practical operation of courts in Hamilton County, Marion County, Indianapolis, and Central Indiana can provide valuable context when navigating a case.

Eric Benner has practiced law in Indiana since 1989 and has represented clients across criminal, family, and civil matters. He is admitted to Indiana’s state courts, both federal district courts in Indiana, and the United States Supreme Court.

That depth of litigation experience can be particularly valuable when the stakes are high.

What Should You Do if You Are Facing a Felony?

Start by taking the situation seriously.

Preserve potentially relevant information. Avoid discussing the allegations publicly or on social media. Keep track of court dates and legal paperwork. Most importantly, understand your options before making decisions that could have long-term consequences.

A felony charge can feel overwhelming, but it does not determine the outcome of the case.

For 100 years, Boje, Benner, Becker, Markovich, & Hixson, LLP has served individuals and families in Noblesville, Hamilton County, Indianapolis, and Central Indiana.

If you or a family member is facing felony charges, experienced legal guidance can help you understand what comes next.

To discuss a criminal matter with our office, call 317-773-4400.

Schedule a Confidential Consultation

If you have questions about a criminal matter, our team is here to help. Contact Boje, Benner, Becker, Markovich & Hixson, LLP at (317) 773-4400 to schedule a confidential consultation today.

Eric Benner
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