Criminal and Traffic Law FAQs
- Why might I need a criminal or traffic law attorney?
- How can Haggerty, Haggerty and Maschmeyer help me with criminal and/or traffic law issues?
- I am guilty. How can you successfully defend me?
- What about speeding tickets?
- How much do the services provided at Haggerty, Haggerty and Maschmeyer cost?
- What areas of Criminal and Traffic Law does the law firm of Haggerty, Haggerty and Maschmeyer cover?
- List of common offenses and the relevant code sites link.
- What rights should I be aware of, if and when I am stopped by a police officer?
- What are my most fundamental rights?
- What are the Miranda Rights?
- What is suppression?
- How do I schedule an appointment with Haggerty Haggerty & Maschmeyer?
- Sources for drug, alcohol, anger and other counseling services link.
Why might I need a criminal attorney?
If you, a friend or a loved one have committed a crime, witnessed a crime or may be accused of a crime, you need an attorney. Your liberty is at stake.
We recognize that good people sometimes do bad things. It does not make them bad people. Usually, there is an underlying problem that when dealt with avoids future misconduct. We assist people in taking steps toward rehabilitation and avoidance of future misconduct. At the end of this website are organizations in Marion County, Indiana, offering drug, alcohol and anger counseling treatment.
We will ensure that your rights are protected and that any punishment imposed is just.
How can Haggerty, Haggerty and Maschmeyer help me with criminal law issues?
A criminal defense attorney is the only thing standing between law enforcement and prison. We take our job, which is to protect your rights, very seriously. Your most fundamental right is the right to remain silent. You should exercise this right and call us immediately. Not only do you risk what you say being used against you, but you also risk that what you say may be changed and used against you.
We will require that the State prove you guilty beyond a reasonable doubt. We will ensure that your rights are protected and that any punishment imposed will be just.
Our primary job is to explain the criminal process and present you with all defense options and costs.
I am guilty. How can you successfully defend me?
Police are trained to collect incriminating evidence. They do not include exculpatory evidence in their reports. You have a constitutional right to confront and cross examine your accusers. You also have a right to question all witnesses and examine all evidence. By taking sworn depositions of the officers and all potential witnesses, exculpatory evidence leading to your acquittal may be discovered. Also, witnesses that refuse to appear for depositions may be excluded from testifying at trial, resulting in your acquittal.
Many criminal cases involve contraband such as drugs, paraphernalia, guns and stolen property. You often lose if that evidence is admitted against you. However, if the evidence was the product of an illegal search or seizure, due to an improper stop, defective search warrant or failure to obtain a warrant, then that evidence may be suppressed or excluded from use against you at trial. Without evidence of contraband, your case will be dismissed.
It is the defense attorney's job to ensure that all evidence was properly obtained, that all witnesses are credible, and that the State has proof beyond a reasonable doubt.
It is also the defense attorney's job to solicit the best possible plea agreement. Everyone does not get the penalty for the same crime. It is our job to humanize you, put your best foot forward and convince the prosecutor that you deserve to be treated better than other like situated defendants. This requires time and effort the public defenders cannot provide.
In every case we will obtain the best possible plea agreement, test the State’s evidence, advise you of your legal options and leave the final decision to you whether or not you accept a plea or try your case to the judge or jury. We work for you and give you all the information you need to make the best possible decision for your defense with our help.
What about speeding tickets?
One major traffic offense, coupled with nine speeding tickets in a ten year period will result in a five year habitual traffic violator drivers license suspension. Three major traffic offenses, such as DUI, driving while suspended, reckless driving, in a ten year period will result in a ten year habitual traffic violator drivers license suspension. It is most cost effective to let us avoid the traffic conviction than it is to hire us once you have become suspended to obtain a hardship drivers license to travel to and from work only. We will pull your driving license record while you are in our office and advise you of the proper course of action and the cost.
How much do the services provided at Haggerty, Haggerty and Maschmeyer cost?
We offer a free, brief phone consultation with an attorney. We usually can quote a flat total fee based upon the defense options chosen. Guilty pleas cost less than bench trials, suppression motions and jury trials. We require a retainer. The retainer is usually half of the anticipated total fee. The total fee must be paid in full before the conclusion of the case. We will establish a payment plan for the balance of the fee, at the time we take the retainer.
The earlier you retain us in the process, the lower the retainer because of the longer period available to make payments. Be leery of attorneys taking small retainers with no upfront total fee. You risk that attorney withdrawing from your case when you are unable to pay the fee balance, which was an amount you did not know.
What areas of Criminal and Traffic Law does the law firm of Haggerty, Haggerty and Maschmeyer cover?
Our criminal practice is focused on traffic, misdemeanor, and C and D felonies. Below is a list of criminal issues we commonly deal with on behalf of our clients.
You can go to http://www.in.gov/legislative/ic_iac/ and put in the relevant code citations to read the relevant statute concerning the crime with which you are charged. Below are a list of common offenses and the relevant code sites (this is not an exclusive list of our practice areas):
- Altered Prescriptions IC 16-42-19-11 thru 19
- Arson IC 35-43-1-1
- Assaults IC 35-42-2-1
- Battery IC 35-42-2-1
- Bench Trials
- Breath Test Refusal Hearings IC 9-30-6-10
- Bond Reductions
- Burglary IC 35-43-2-1
- Check Deception IC 35-43-5-5
- Confinement IC 35-42-3-3
- Conspiracy IC 35-41-5-2
- Conversion IC 35-43-4-3
- Criminal Recklessness IC 35-42-2-2
- Dealing Marijuana IC 35-48-4-10
- Disregard of School Zone IC 9-21-8-52
- Disregard of School Bus Arm IC 9-21-8-52
- Domestic Battery IC 35-42-2-1.3
- Disorderly Conduct IC 35-45-1-3
- Public Intoxication IC 7.1-5-1-3
- Driver License Reinstatements
- Driving while Suspended IC 9-24-19-1 thru 4
- Driving without Insurance IC 9-25-1-1 thru 7
- Drug Possession IC 35-48-4-11
35-48-4-8.3, 35-48-4-6, 35-48-4-14.5, 35-48-4-7
- DUI/OWI IC 9-30-5-1 thru 17
- False Reporting IC 35-44-2-2
- Fleeing IC 35-44-3-3
- Fire-arms Violations IC 35-47-1-1 thru 6
- First Offender and Diversion Programs
- Forgery IC 35-43-5-2
- Fraud IC 35-43-5-4, 35-48-4-14, 35-43-5-8
- Habitual Traffic Violator IC 9-30-10-1 thru 18
- Harassment IC 35-45-2-2
- Hardship Driver Licenses IC 9-30-10-9
- Home Improvement Fraud IC 35-43-6-1 thru 14
- Identity Theft IC 35-43-5-3.5
- Indecent Exposure IC 35-45-4-1
- Intimidation IC 35-45-2-1
- Invasion of Privacy IC 35-46-1-15.1
- Jury Trials
- Juvenile Crimes IC 31-37-1-2
- Mischief IC 35-43-1-2
- Neglect IC 35-46-1-4
- Official Misconduct IC 35-44-1-2
- Open Sentencing
- Perjury IC 35-44-2-1
- Paraphernalia Possession IC 35-48-4-8.3
- Parole Violations IC 11-13-6-7 thru 9
- Post-conviction Relief
- Probation Violations
- Probationary Driver Licenses IC 9-30-10-9
- Public Indecency IC 35-45-4-1
- Receiving Stolen Property IC 35-43-4-2
- Reckless Driving IC 9-21-8-52
- Residential Entry IC 35-43-2-1.5
- Resisting IC 35-44-3-3
- Sentence Modification
- Shoplifting IC 35-43-4-2
- Speeding IC 9-21-5-2
- Stalking IC 35-45-10-5
- Theft IC 35-43-4-2
- Trespass IC 35-43-2-2
- Voyeurism IC 35-45-4-5
- Warrant Surrenders
- Weapons Charges IC IC 35-47-1-1 thru 6
- Welfare Fraud IC 35-43-5-7
We do not represent cases involving sex crimes or forfeitures.
What rights should I be aware of, if and when I am stopped by a police officer?
Statement of Constitutional Rights: Officer, I mean no disrespect, but I understand my rights. I have the right to have an attorney present during my questioning. I have a right to refuse to consent to any search of my body, and personal effects without a warrant. I wish to exercise all my rights. If I am under arrest, I wish to invoke and exercise my Miranda rights and I am allowed the opportunity to obtain the advice of my attorney. If I am to be taken into custody, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment of my property. If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately, so that I may go about my business.
What are my most fundamental rights?
Right to remain silent or to testify, if you choose
Right to confront and cross-examine witnesses
Right to subpoena witnesses
Right to an attorney
Right to a speedy trial
Right to require proof beyond a reasonable doubt
Right to be free from warrantless search
What are the Miranda Rights?
The Miranda Case held that if you are in custody (not free to leave) and being interrogated by law enforcement, then anything you say cannot be used against you unless you are advised of your constitutional rights and your right to have an attorney present. The Pirtle Case extended this advisement to consent to search cases.
What is suppression?
Evidence obtained illegally (without a warrant or under a warrant exception) is inadmissible at trial and may be suppressed by a court on a motion by the defense attorney.
How do I schedule an appointment with Haggerty Haggerty & Maschmeyer
We offer a free brief initial telephone consultation with an attorney to answer basic questions and to schedule an appointment to discuss your case in greater detail. Please contact Bill at (317) 786-2225 or Bill@southindylaw.com to schedule your appointment and for driving directions. We look forward to serving you.
Sources for drug, alcohol, anger and other counseling services.
Visit this website for a complete list of providers in central Indiana: