Arrested in Indiana? Free 24/7 Criminal Defense Help Line

Criminal Defense in Indiana — what to do right now

Right now, do one thing: stop talking to police and clearly say the words 'I am invoking my right to remain silent and I want a lawyer.' After a warrantless arrest, the U.S. Constitution entitles you to a judicial probable-cause determination within roughly 48 hours (County of Riverside v. McLaughlin), and Indiana law (IC 35-33-7-1) requires you to be taken promptly before a judge for an initial hearing — a hearing the court can continue for up to 72 hours, excluding weekends and holidays. Do not explain your side, consent to a search, or guess at answers; that's where most damage happens. Then call 1-844-690-0555 free, 24/7, and an AI assistant trained on Indiana law will walk you through what bail, the charge Level, and your first appearance actually mean — before you make a decision you can't take back.

The law in Indiana: Criminal Defense

Indiana criminal cases run through the county trial courts — the 91 Circuit Courts and the 177 Superior Court divisions that have general jurisdiction over felonies and most misdemeanors, alongside the City and Town Courts that handle lower-level misdemeanors, ordinance violations and infractions. After an arrest, your case begins with an initial hearing under IC 35-33-7, where a judge advises you of the charges, the penalties you face, and your rights, and sets or reviews bail under IC 35-33-8. If you can't afford counsel, the court appoints a public defender through your county's indigent-defense system — Indiana funds criminal defense for the poor at the county level, not through a single statewide trial office.

The single most important thing to understand about Indiana is how your charge is classified. In 2014 Indiana scrapped the old Class A–D felony scheme entirely. Felonies are now graded as Level 1 (most serious) through Level 6 (least serious), plus murder, under IC 35-50-2, and each Level carries an 'advisory' sentence with a fixed range around it. Misdemeanors are Class A, B or C under IC 35-50-3. If anyone — a bondsman, a relative, a website — describes your charge as a 'Class B felony,' that language is a decade out of date and a red flag they don't know current Indiana law.

Two Indiana mechanisms can change everything about your exposure. A Level 6 felony — the lowest felony — is a 'wobbler': under IC 35-50-2-7 a court can enter judgment on it as a Class A misdemeanor at sentencing, and the same statute lets the court convert a Level 6 conviction to a Class A misdemeanor later, after a petition and hearing, if you're not a sex or violent offender and the offense caused no bodily injury. On the other side, the habitual offender enhancement (IC 35-50-2-8) is a status add-on, not a separate crime — it bolts a nonsuspendible fixed term onto your most serious count if you have qualifying prior felonies. Knowing which way your case can move is exactly the kind of thing the free call exists to explain.

Indiana also runs hard clocks that protect you. Under Criminal Rule 4, a jailed defendant who files an early-trial motion must be brought to trial within 70 days or be released from jail; a defendant held awaiting trial must be tried within six months or released; and no case may go past one year from charge or arrest without dismissal. The criminal statute of limitations (IC 35-41-4-2) is two years for misdemeanors, five years for most felonies (Levels 3 through 6), and unlimited for Level 1, Level 2 and murder. These deadlines are powerful — but only if someone is counting them and protecting them on the record. Call 1-844-690-0555 to understand which clocks are running in your case.

Key Statutes & Rules

IC 35-50-2 — Felony sentencing: the six-Level grid (Level 1–6) plus murder
IC 35-50-2-7 — Level 6 felony 'wobbler': entered as, or later converted to, a Class A misdemeanor
IC 35-50-2-8 — Habitual offender status enhancement (nonsuspendible add-on)
IC 35-33-7 (initial hearing) & IC 35-33-8 (bail) — what happens after arrest
IC 35-41-3-2 — Self-defense / no duty to retreat / castle doctrine
IC 35-38-9 — 'Second Chance' expungement and sealing of records
Criminal Rule 4 — Early-trial and speedy-trial clocks (70-day / 6-month / 1-year)

Courts & Agencies

Indiana Circuit Courts (91) and Superior Court divisions (177) — felony/misdemeanor trials, pleas, sentencing
City & Town Courts — lower misdemeanors, ordinance violations, infractions
Juvenile Court (a division of Circuit/Superior Court) — delinquency under IC 31-37; can waive a child to adult court
Indiana Court of Appeals and the Supreme Court of Indiana — criminal appeals
County indigent-defense agencies (e.g., Marion County Public Defender Agency) — appointed counsel for those who can't afford a lawyer

Penalties & Deadlines

Level 1 felony: 20–40 yrs (advisory 30); Level 6 felony: 6 months–2.5 yrs (advisory 1 yr), up to $10,000 fine
Class A misdemeanor: up to 1 yr + $5,000; Class B: up to 180 days + $1,000; Class C: up to 60 days + $500
Habitual offender add-on: +8–20 yrs (murder / Level 1–4) or +3–6 yrs (Level 5–6), nonsuspendible
~48-hour federal probable-cause benchmark after warrantless arrest; Indiana initial hearing can be continued up to 72 hrs (excluding weekends/holidays)
Statute of limitations: 2 yrs misdemeanor, 5 yrs most felonies, none for Level 1/2/murder

Indiana Buried the 'Class B Felony' — and a Level 6 Can Still Become a Misdemeanor

Here's what blindsides people charged in Indiana: the felony classes you've heard about for years no longer exist. Since 2014, Indiana grades felonies by Level 1 through 6, not Class A through D — so old advice, out-of-state instincts and half the internet are simply wrong about your exposure. The flip side is a genuine opportunity most defendants never hear about. A Level 6 felony, Indiana's lowest, is a 'wobbler': under IC 35-50-2-7 a judge can enter it as a Class A misdemeanor at sentencing, and the same statute allows a later conversion to a misdemeanor after a petition and hearing if you qualify. That single distinction can be the difference between a felony record and a clean restart. Don't assume the worst label is the final one. Call 1-844-690-0555 for free information, then book an Indiana attorney to act on it.

Likely outcomes & penalties

Indiana sentences are driven by your charge Level and any enhancements, but the range is wide and real outcomes vary by facts, priors and the county. Here's the lay of the land — not a prediction for your case.

Level 6 felony resolved as a misdemeanor

Indiana's lowest felony carries 6 months–2.5 years and up to a $10,000 fine, but as a 'wobbler' it can be entered or later converted to a Class A misdemeanor (IC 35-50-2-7) — capped at 1 year and a $5,000 fine, often with no executed jail time.

Misdemeanor charge

Class A misdemeanors face up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Many first-time misdemeanors resolve with probation, diversion or a suspended sentence rather than jail.

Mid-to-serious felony (Level 3–5)

Real exposure runs from 1–6 years (Level 5) up to 3–16 years (Level 3), with advisory terms in the middle. Outcomes hinge on the facts, criminal history, and whether the charge can be reduced or pled down.

Habitual offender enhancement

If qualifying priors apply, IC 35-50-2-8 adds a nonsuspendible 8–20 years (murder / Level 1–4) or 3–6 years (Level 5–6) onto your top count — a dramatic swing that makes early strategy critical.

Mistakes to avoid

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Talking to detectives to 'clear it up' before you have counsel — in Indiana your rights are formally advised at the initial hearing under IC 35-33-7, but anything you say from the moment of arrest can lock in the case against you.

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Treating a Level 6 felony as a permanent felony record — many people plead out without anyone raising the 'wobbler' options under IC 35-50-2-7 that could keep it, or later make it, a misdemeanor.

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Sitting in jail without asking about an early-trial motion — Indiana's Criminal Rule 4 can force trial within 70 days (or require your release) and dismiss a case not tried within a year, but those clocks generally don't bite unless someone invokes and protects them on the record.

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Burning your one lifetime expungement on the wrong petition — under IC 35-38-9 you essentially get one shot, and all eligible convictions in a county must go in a single petition, so filing too early or out of sequence can cost you records you wanted cleared.

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Assuming a public defender is automatic and identical everywhere — Indiana funds indigent defense county-by-county, you must qualify financially, and access and resources vary, so don't wait passively for representation to appear.

How it works

Call 1-844-690-0555 — free, 24/7. Call the moment you can, day or night. There's no income test, no web form and no waiting room. If English isn't your first language, you can be helped in your language, including Spanish. This is legal information, not legal advice.

Talk to an AI assistant trained on Indiana + federal law. Explain your situation in plain words. The assistant helps you understand your charge Level, what bail and your initial hearing mean, which deadlines are running, and your realistic options — grounded in Indiana statutes, not generic advice. No attorney-client relationship is created.

Get matched with an Indiana Criminal Defense attorney if you want one. If your situation needs a lawyer, we can help you book a paid consultation with an Indiana-licensed criminal defense attorney. It's a separate step you choose — no obligation, no instant online checkout, arranged directly through the call.

Free & low-cost Criminal Defense help in Indiana

If you can't afford a private attorney, Indiana has real options for people facing criminal charges. These are the agencies and resources that handle indigent defense, public-defender access and record relief — start here, then call 1-844-690-0555 to figure out which fits your case.

Marion County Public Defender Agency

Provides indigent felony, misdemeanor, juvenile and appellate defense for Indianapolis / Marion County — the kind of county-level office that represents defendants who can't afford a lawyer.

Indiana Public Defender Council — Obtaining a Public Defender

Plain-language guidance on how to request a public defender, plus a county-by-county directory, so you know who to contact where your case is filed.

State Public Defender of Indiana

The state agency that represents indigent, incarcerated Hoosiers in criminal appeals and post-conviction proceedings — relevant if you've already been convicted and are challenging the result.

Indiana Public Defender Commission

Sets indigent-defense standards across the state and explains how county public-defender systems are supposed to work — useful background if your county's defense access seems thin.

Indiana Judicial Branch Self-Service Legal Center

The official state-courts self-help portal with procedure guides and form packets, including expungement and record-relief resources. Court and clerk staff cannot give legal advice.

Indiana Legal Services — Criminal Records & Expungement Self-Help

Plain-English guides to Indiana charges and the 'Second Chance' expungement process under IC 35-38-9, useful for understanding eligibility before you petition.

Indiana 211

Free statewide referral line — just dial 211 — to find legal aid, reentry support, domestic-violence services and other county social services.

FAQ — Criminal Defense in Indiana

I was just arrested in Indiana — how long can they hold me before I see a judge?

After a warrantless arrest, the U.S. Constitution requires a judicial probable-cause determination within roughly 48 hours (County of Riverside v. McLaughlin), and Indiana law (IC 35-33-7-1) requires you to be taken promptly before a judge for an initial hearing, which the court can continue for up to 72 hours, excluding weekends and holidays. If you post bail first, the initial hearing is held within 20 days of arrest (10 days for an OWI/DUI arrest under IC 9-30-5). For a clear read on your timeline, call 1-844-690-0555 free, 24/7.

Is my charge a felony or a misdemeanor in Indiana?

Indiana grades felonies as Level 1 (most serious) through Level 6 (least), plus murder, and misdemeanors as Class A, B or C. The Level or Class drives everything — your maximum exposure, bail, and whether diversion or a wobbler reduction is possible. Note that the old 'Class A–D felony' labels were abolished in 2014, so any source still using them is out of date. Call 1-844-690-0555 and an AI assistant trained on Indiana law can help you understand exactly what your charge means.

What is a Level 6 felony and can it become a misdemeanor?

A Level 6 felony is Indiana's lowest felony, carrying 6 months to 2.5 years and up to a $10,000 fine. Crucially, it's a 'wobbler': under IC 35-50-2-7 a judge can enter judgment on it as a Class A misdemeanor at sentencing, and the same statute lets the court convert a Level 6 conviction to a misdemeanor later, after a petition and hearing, if you're not a sex or violent offender and the offense caused no bodily injury. This is one of Indiana's most valuable levers. Call 1-844-690-0555 for free information on whether it might apply to you.

How much will bail cost, and how is it set in Indiana?

Bail in Indiana is set and reviewed under IC 35-33-8, based on factors like the charge, your ties to the community and any flight or safety risk — there's no single statewide dollar amount, and local rules vary by county. A judge can also alter or revoke bail. Because the figure isn't fixed, it's worth understanding your options before posting. Call 1-844-690-0555 to talk through how bail works in your county. This is legal information, not legal advice.

I can't afford a lawyer — how do I get a public defender in Indiana?

If you face possible incarceration and can't afford counsel, the court can appoint a public defender, but Indiana funds indigent defense county-by-county, so you must qualify financially and the process differs by court. You typically request appointed counsel at or before your initial hearing. The Indiana Public Defender Council publishes a county-by-county directory of where to ask. Call 1-844-690-0555 and we'll point you to the right starting place. The call itself creates no attorney-client relationship.

What does the 'habitual offender' enhancement add to my sentence?

Indiana's habitual offender enhancement (IC 35-50-2-8) is a status add-on, not a separate crime. If you have qualifying prior felonies, it attaches a nonsuspendible fixed term to your most serious count: an extra 8 to 20 years for murder or a Level 1–4 felony, or 3 to 6 years for a Level 5–6 felony. It can swing your exposure dramatically, so early strategy matters. Call 1-844-690-0555 for free information on how it could affect your case.

How fast can I force my case to trial if I'm stuck in jail?

Indiana's Criminal Rule 4 gives jailed defendants real leverage: file an early-trial motion and the State must bring you to trial within 70 days or release you from jail; separately, a defendant held awaiting trial must be tried within six months or released, and no case may go past one year from charge or arrest without dismissal. Defense-caused delays and documented court congestion can pause these clocks, and you must object on the record to protect them. Call 1-844-690-0555 to understand which clocks apply to you.

Can I claim self-defense for a charge in Indiana?

Indiana has a strong self-defense statute (IC 35-41-3-2) with no duty to retreat anywhere you're lawfully present, covering defense of yourself, others, your dwelling and its curtilage, and an occupied vehicle. But whether it applies turns entirely on the specific facts and what the State can prove. It's a defense you raise, not an automatic shield. Call 1-844-690-0555 for free information about how self-defense works under Indiana law.

My child was charged — can they be tried as an adult in Indiana?

Most juvenile cases run through Juvenile Court under IC 31-37, but the court can waive jurisdiction and send a case to adult criminal court, and for some serious offenses an older juvenile is charged directly in adult court. The stakes of waiver are enormous, since adult court means adult sentencing and an adult record. Call 1-844-690-0555 to understand the process and your child's options. This is legal information, not legal advice.

How do I clear or expunge my Indiana record under the Second Chance Law?

Indiana's expungement framework (IC 35-38-9) lets you seal or expunge many records after waiting periods — generally 1 year for an arrest that didn't lead to conviction, 5 years for most misdemeanors, and 8 years for Level 6 (and former Class D) felonies, with longer periods and tighter rules for serious felonies. The catch: you essentially get one lifetime expungement, and all eligible convictions in a county must go in one filing, so sequence matters. Call 1-844-690-0555 before you file to understand your eligibility.

Are you an Indiana criminal defense attorney? Join our network

We connect frightened, urgent Hoosiers searching for help with vetted Indiana-licensed criminal defense attorneys. If you practice criminal defense in Indiana — from initial hearings and bail to felony trials, habitual offender exposure and Second Chance expungements — and want to receive matched, consultation-ready clients across Indianapolis, Fort Wayne, Evansville, South Bend and beyond, we'd like to talk. This is a referral path for licensed attorneys, kept entirely separate from the free client help line above.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested in Indiana? The First 48 Hours Decide a Lot — Don't Face Them Blind