New Albany Criminal Defense Lawyer

Criminal Defense Lawyers in New Albany, Indiana, Can Help if You Have Been Accused of a Crime

Being accused of a crime is a serious situation, as a conviction can negatively impact the rest of your life. In addition to facing fines and jail time, you will have a criminal record that stays with you forever. It can ruin prospects for education and a career, obtaining a student loan, possessing a firearm, getting a professional license, and receiving housing and immigration benefits. Your family and social relationships can be damaged as well.

If you or a loved one has been arrested and charged with a crime in Indiana or Kentucky, the prosecution is already gathering evidence and building a case against you. This is not something you should attempt to fight on your own. Having a criminal defense lawyer on your side from the beginning to fight for your rights and your freedom can help keep you from unjust incarceration or unreasonable penalties.

The criminal defense lawyers at Church, Langdon, Lopp, Banet Law firm (CLLB) are ready to step in and provide strong representation throughout the criminal process. We know the courts, the system, and the tactics prosecutors use to get a conviction, and what is necessary to build a case for your defense. The sooner you contact us, the sooner we can get to work to build a case for your defense and keep you from inadvertently making mistakes. We will provide support all through the defense process and aggressively fight for your rights and your freedom.

For a consultation to discuss the facts of your case and show you how we can help. Call us today at 812-725-8224.

What Criminal Defense Lawyers in New Albany Can Do to Help You

A skilled criminal defense attorney can use police reports, crime scene evidence and other materials to build a powerful defense on your behalf.

Our CLLB criminal defense lawyers understand that sometimes you’re just at the wrong place at the wrong time. The law states that you are innocent until proven guilty beyond a reasonable doubt, and you have the right to legal representation when you are charged with any crime.

Unfortunately, once accused, you are often treated as if you have been convicted, even before a trial. Our defense lawyers can stop this and fight for your rights by:

• Informing you of your rights and making sure police and prosecutors adhere to proper procedures
• Preventing you from saying the wrong things and doing anything that would negatively affect your case
• Helping you decide how to respond to charges and handle the accusations
• Taking care of bail and arraignment
• Building a defense by examining the crime scene, gathering evidence to show your innocence, interviewing witnesses, examining police reports, and looking for weaknesses and mistakes in the prosecutor’s case
• Negotiating and plea bargaining for a lesser charge or dismissal of charges
• Taking your case to trial and arguing to convince the jury that there’s reasonable doubt in the case
• Filing an appeal if necessary.

At Church, Langdon, Lopp, Banet Law, our defense attorneys do their own investigations into the facts of each case we handle. You deserve strong legal representation, no matter what type of charges you are facing. Act quickly to speak with an experienced criminal defense lawyer in New Albany about your case and avoid the common mistakes many unwary defendants make that can have serious repercussions.

We handle cases that include:

• Drug Possession
• DUI Defense
• Indiana Expungements
• Kentucky Expungements
• Possession of Stolen Property
• Robbery Defense
• Traffic Violations
• Underage DUI defense

• HOW WE CAN HELP
• YOUR RIGHTS
• YOUR DEFENSE
• THE JUSTICE SYSTEM

Criminal Defense Attorney Explains Your Rights

Our criminal defense attorneys know that the United States and state constitutions protect you when you are being investigated by the police and after you have been arrested.

An arrest occurs when a law enforcement officer takes you into custody for questioning about a crime or offense. Knowing your rights can help you avoid making mistakes that can give prosecutors a better case. Rights you should be aware of include:

• To be read your Miranda rights informing you that you have the right to remain silent and not answer questions
• To be shown an arrest warrant authorizing arrest and told what the criminal charges are. Police officers are legally allowed to search your home or your property if they obtain a search warrant. You can only be arrested without a warrant if the police have probable cause to believe you committed a crime.
• To call your attorney or family
• To know that anything said can and will be used against you in court
• To have an attorney present during questioning or a line-up
• To have the court appoint an attorney if you cannot afford one
• To have reasonable bail and a speedy trial.

The Fifth Amendment to the US Constitution provides the right to be free from government-compelled self-incrimination and the right to be free from multiple prosecutions or multiple punishments for a single criminal offense.

The Sixth Amendment provides the right to refuse to testify, and the opportunity to see, hear, and confront the witnesses against you.

Our criminal defense attorneys know your rights and will help ensure they are not violated. By conducting our own investigation, we can determine whether evidence was improperly obtained, which may exclude it from consideration. We examine whether evidence was properly handled through an established chain of possession. We design a defense strategy to protect your legal rights and follow all applicable laws so that you can make choices on how to move forward. We also can look for legal arguments that may result in charges being dropped or reduced.

Our skilled New Albany and Louisville criminal defense lawyers can negotiate a plea bargain agreement that may allow you to avoid jail time, or at least reduce it, if that is an option you want to pursue. If you go to trial, we can tell your side of the story to the judge and jury, expose the prosecution’s case and witnesses as unreliable and untrustworthy, and provide evidence as to why there is reasonable doubt.

Criminal Defense Lawyers Handling Felonies and Misdemeanors

Crimes are categorized as misdemeanors or felonies, with felonies being more serious and having greater punishments and fines. However, even a conviction for a minor misdemeanor will give you a criminal record that limits your life.

Felony Offenses

A felony is the most serious crime you can be charged with. Conviction of a felony means time in prison, supervised probation, fines that take years to pay, and a black mark that will prevent hiring you for most professional jobs. In Indiana, a felony is any crime that carries a penalty of more than one year in prison. Most felonies in Indiana are designated as Level 1, 2, 3, 4, 5, or 6., with murder and Level 1 the most serious offenses. In Kentucky, according to KY. Rev. Statute Section 532.010, felonies are divided into five classes, with murder and kidnapping that results in death being capital offenses.

Misdemeanor Offenses

Misdemeanors are considered less severe than a felony, but still should be taken seriously as conviction may also bring a criminal record, a jail sentence, and hefty fines. In Kentucky, misdemeanors are crimes that are punishable by up to 12 months in county or local jail. Misdemeanors are designated as Class A or B, with Class A being the more serious. In Indiana, misdemeanors are crimes that are punished by up to a year in jail and are designated as Class A, B, or C, with Class A the most serious.

What Qualities Should You Look for in a Criminal Defense Lawyer?

You should find a criminal defense lawyer you can trust to handle what may be one of the most important crises you’ll face in your lifetime. Look for experience, knowledge and the drive to do what’s necessary to protect your rights. Is the attorney good at negotiating plea bargain agreements? Is the attorney skilled at telling his or her client’s story in court? Is the person persistent in the face of setbacks? Empathetic and understanding of clients? Is the attorney someone you’re comfortable working with?

Should You Represent Yourself?

An experienced criminal defense attorney knows what he or she is doing when protecting your rights and enabling you to get the best outcome possible. If you represent yourself, you won’t know what you’re doing. You could make serious mistakes that will make your situation worse, not better. Did the police or prosecution make mistakes that provide you with valid defenses? Is a plea bargain or going to trial the best option? Without a criminal defense lawyer, you won’t know the answers to these questions. Our criminal defense lawyers in New Albany, Indiana, have the knowledge and experience to provide you with a strong, successful defense.

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An Introduction to the Criminal Justice System

The criminal justice system generally includes law enforcement, the courts and the corrections system. We have a network of criminal justice systems at the federal and state levels, and it includes special jurisdictional courts like military courts. Criminal laws vary from state to state and between the states and the federal government, although they are all based on the U.S. Constitution. The federal criminal justice system handles cases that cross state lines or cover issues Congress has decided are of national interest. State courts normally handle cases of illegal activities that happened within the state’s borders.

Understanding the Mindset of the Prosecution

Ideally the mindset of the prosecution is to make sure justice is served. That should mean that only those actually guilty of a crime are convicted of it, but that’s not always the case. Sometimes the prosecution just wants a conviction and a case closed, without looking too deeply into the situation. The prosecution will tell a story to the judge and jury of a bad actor whose denials are not to be believed, someone who has caused harm and needs to be prevented from doing it again. The prosecution will want to use all the evidence possible to support its claim and minimize the defendant’s constitutional rights to help make a conviction easier.

Your Personal Record and Good Name

Anyone who has been arrested for – or charged with – a crime encounters many surprises. A DUI conviction means the person’s car insurance premiums skyrocket. And if the convicted person has a joint insurance policy with family members, all can be forced to pay higher premiums. A criminal record could also disqualify people from working for some businesses, holding professional licenses, renting a car, or living in nice rental homes or apartments.

Teenagers and young people can often learn these consequences too late. Even a minor drug conviction could endanger one’s ability to receive federal financial aid for college; it could even deny them admission to many top-shelf colleges and universities.

How Criminal Charges Affect People’s Lives

As you can see, there are many consequences facing someone charged with a crime. The existence of a criminal record can have many implications. These include…

• Jail or prison time
• Fines
• Community service

There are many other “collateral” consequences of criminal charges that aren’t directly related to the punishments doled out by the state. These include…

• Limited housing opportunities
• Limited employment opportunities
• Difficulties obtaining loans
• Limited educational opportunities.

Though these consequences are things that no one wants to experience, it’s important to know that you might be able to lessen the impact of a charge by hiring an attorney that will look for every advantage in your case. Criminal charges are scary for everyone, but they do not necessarily spell doom throughout the rest of someone’s life. With the proper guidance and legal representation, all hope does not need to be lost.

Client Testimonial

”I can honestly say, they made everything easy. No stress, very informative and, honest. I am so glad a friend referred me to them. I hope that if someone needs a good lawyer they give them a call. I’m glad I did!” – Kim Calvin (Google Review)

Attorney Marc Tawfik

Marc is a Kentucky native, having lived and worked in the state the majority of his life. He is a licensed attorney in Kentucky and Indiana, and his focus is on trial work, including civil litigation and criminal defense. He has represented a wide variety of clients, and he is committed to putting his clients’ needs first. [ Attorney Bio ]