So You Got Arrested In Indiana, Now What?

What actually happens after an arrest in Indiana? I map the full journey in plain English, from the moment you’re booked to the moment a case ends in dismissal, acquittal, or sentencing. Drawing on hands-on courtroom experience, I explain how probable cause reviews work, why Indiana’s Criminal Rule 26 emphasizes risk-based release over cash bail, and what to expect if conditions like GPS monitoring or home detention are imposed. You’ll learn how judges weigh risk, criminal history, and charge type when setting bail, and why domestic violence cases often involve a hold.

I also break down the initial hearing—charges, rights, penalties, and no-contact orders—plus the hierarchy of offenses, from misdemeanors up through Level 6 to Level 1 felonies, with murder in its own category. Then I dig into discovery and defense motions: how police reports, videos, lab results, and witness lists are tested; when motions to suppress or dismiss can change the game; and why a venue change might be strategic. Most cases resolve without trial, so I outline plea agreements, alternative misdemeanor sentencing, and pretrial diversion for eligible low-level or first-time cases.

For those heading to court, I explain pretrial conferences and the choice between bench or jury trial, then walk through trial itself: voir dire, opening statements, direct and cross-examination, exhibits, closings, and verdict. Finally, I unpack Indiana’s advisory sentencing system, how judges balance aggravators and mitigators, and what outcomes can look like—from prison and jail to community corrections, home detention, probation, fines, restitution, and treatment. If you or someone you care about is facing charges, this step-by-step guide offers clarity, options, and next steps you can act on today.

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The Law Office of Mark Nicholson

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Chapters

• 0:01 Purpose And Scope
• 0:10 Arrest, Booking, Probable Cause
• 0:27 Pretrial Release And Bail
• 1:12 Initial Hearing Essentials
• 1:38 Charges And Offense Levels
• 2:07 Discovery And Key Motions
• 2:29 Pleas, Diversions, Alternatives
• 2:50 Pretrial Conferences And Trial Choice
• 3:08 Trial Flow And Verdict
• 3:38 Sentencing Factors And Ranges
• 4:52 Summary And Subscribe

Transcript

SPEAKER_00: 0:01

I'm Attorney Martin Nicholson, the Law Office of Martin Nicholson, and I'm going to talk today about what actually happens after arrest in Indiana. Step by step. Super clear. Step one, the rest and booking. You're detained, searched, fingerprinted, photographed, inventory. If it's a warrantless arrest, a judge has to find probable cause, usually within 48 hours. No probable cause, you should be released. Step two, pretrial release and bail. Indiana uses a risk-based release under criminal rule 26. Translation, for many low, lower-level charges, you might get out without paying money with conditions like you know, GPS, home detention, something like that. If bail is set, the judge looks at risk, criminal history, the nature of the charge. If it's domestic violence, then you're going to be held for a while. You can post cash, then you can use a surety bond, or sometimes 10% cash. Violations of your pretrial release can land you back in custody. Step three, initial hearing. The judge tells you the charges, your rights, your potential penalties. You can ask for a public offender if you can't afford a lawyer, or the court will set out a new date for you to hire an attorney and sets also deadlines like an omnibus date and issues a no-contact order if that's needed. Step four, charging decision. The prosecutor has already basically filed the charging document, the information or indictment spelling out the offense. That's what you'll hear at your initial hearing. The charges, felony, level six is the lowest when it comes to felonies. Up through level one, felony, that's the highest. Well, murder is higher. Then you have the misdemeanor, A3C, A through C. Step five, discovery and motions. Both sides will exchange like discovery, which is like police reports, video, lab results, witness list. Your lawyer can file motions to suppress illegally obtained evidence or a motion to dismiss if it's appropriate, or a motion to exclude witnesses, or even a motion to change venue. Step six, negotiations and diversions. Many cases, the majority of cases, will be resolved with plea agreements. And that involves maybe reduced counts or a cap sentence or some kind of alternative misdemeanor sentencing or alternative program. For eligible first-time or low-level cases, you might even get a pretrial diversion. Complete those conditions and the case gets dismissed. Step seven, pretrial conferences. The judge will track progress, deadlines, and whether the case will be a plea agreement or go to trial. Now, you as a client decide whether it's going to be a bench trial, it means in front of the judge, or a jury trial. Step eight is the trial. The prosecutor has the burden of proving a case, proven guilt beyond a reasonable doubt. Jury selection, there's opening, well, technically, for jury selection, you have voider, which is opening, excuse me, for jury selection, you have voider, which is kind of selecting, or like I like to call deselecting the jury, because you're striking out people that you do not want on your jury, and the prosecutor does the same, and then you're left with what's left. Then you have opening statements, witnesses, whether it be direct examination, then cross-examination, exhibits are introduced, which are the evidence, then you have closing arguments, and then the jury renders a verdict. If you're acquitted, you get to walk. If you're convicted, we move on to the sentencing stage. At step nine, sentencing. The judge looks at your criminal history, looks at the harm to the victim if it's a case where there's a victim. The judge looks at acceptance of responsibility, if this is something that you know you admitted that you did. The judge will also look at treatment needs. Let's say, for instance, you know, it's a drug offense, and maybe you need treatment, drug alcohol. Um, Indiana uses advisory sentences with ranges, and basically advisory sentence means if there's uh mitigators and aggravators and they both kind of equal the same, then there is an advisory sentence. If there's more mitigators, then your sentence should be lower. If there's more aggravators, it should be higher. And these are ranging from possible sentences of jail, prison, community corrections, home detention, probation, fines, restitution, as I mentioned earlier, treatment. So those are basically the steps in a case if you are arrested. Nine steps if you're arrested in Indiana about how it will look. All that in a neat little nutshell. And that's your nickel scenario of the day. Please be sure to like and subscribe.