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Danville, Hendricks County, Indiana Criminal Courts

The criminal court system in Danville, Hendricks County, Indiana, part of the 55th Judicial Circuit, handles cases from minor infractions to serious felonies. The Hendricks County Circuit Court and Superior Courts 1–4, located at the Hendricks County Courthouse (51 West Main Street, Danville, IN 46122), manage criminal matters. The Circuit Court oversees felonies like murder or drug trafficking, while Superior Courts handle misdemeanors, traffic violations, and juvenile cases. Contact the Clerk’s Office at 317-745-9231 for court records or e-filing support via mycase.in.gov.
The criminal justice process begins with arrests by the Hendricks County Sheriff’s Office or Danville Police Department. Suspects are booked at the Hendricks County Jail (925 East Main Street, Danville, IN 46122). The Prosecuting Attorney’s Office, located at the courthouse, evaluates cases to file charges, ranging from public intoxication to Level 1 felonies. Initial hearings address charges, rights, and bail, with public defender services available for those who qualify.
Pretrial services in Hendricks County assess defendants for alternatives like supervised release to manage jail overcrowding. Plea negotiations are common, with outcomes like fines or probation for minor offenses. Trials, held in the Circuit or Superior Courts, may involve juries for felonies or judges for misdemeanors, following Indiana’s legal standards. Sentencing follows Indiana statutes, with options like fines, community service, or incarceration. The Hendricks County Community Corrections program (Danville) offers alternatives like electronic monitoring, while the Probation Department (courthouse) oversees compliance with conditions like drug testing.
Specialty courts, including Drug Court and Mental Health Court, focus on rehabilitation for eligible defendants, addressing addiction or mental health issues to reduce recidivism. The courthouse, a modern facility in downtown Danville, supports efficient operations, though high caseloads due to population growth near Indianapolis can cause delays. For expungement or sealing records in Hendricks County, courts follow Indiana’s Second Chance Law, offering opportunities to clear eligible convictions.
The system collaborates with the Sheriff’s Office, Prosecuting Attorney, and Community Corrections to balance punishment and rehabilitation, serving Danville’s growing community. The courthouse’s central location ensures accessibility for residents seeking justice or expungement services.

Indiana Criminal Suppression Lawyer and the 4th Amendment of the US Constitution

The Fourth Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment focuses on the reasonable expectation of privacy and a balancing test.

• Reasonable Expectation of Privacy: This concept was established in the landmark case Katz v. United States (1967), which held that the Fourth Amendment protects people, not places. This means that if an individual has a reasonable expectation of privacy, the government must respect it.
• Balancing Test: Courts often use a balancing test to determine reasonableness, weighing the government’s interest in conducting the search against the individual’s right to privacy.

Warrants and Probable Cause

• Warrant Requirement: A warrant must be issued by a neutral magistrate and must be based on probable cause. The warrant must specify the place to be searched and the items to be seized to prevent general searches.
• Probable Cause: This is more than mere suspicion but less than the evidence required for conviction. It requires a reasonable belief, based on factual evidence, that a crime has been, is being, or will be committed.

Exceptions to the Warrant Requirement

• Consent Searches: If an individual voluntarily consents to a search, no warrant is needed. The consent must be given freely and not coerced.
• Plain View Doctrine: If law enforcement officers are lawfully present and see evidence of a crime in plain view, they can seize it without a warrant.
• Search Incident to Arrest: After a lawful arrest, officers can search the arrestee and the immediate area to ensure officer safety and prevent the destruction of evidence.
• Exigent Circumstances: In emergencies, such as imminent danger, hot pursuit of a suspect, or the risk of evidence being destroyed, officers can conduct searches without a warrant.
• Automobile Exception: Due to the mobile nature of vehicles, if officers have probable cause to believe a vehicle contains evidence of a crime, they can search it without a warrant.

Exclusionary Rule

• Purpose: The exclusionary rule is designed to deter police misconduct by excluding illegally obtained evidence from being used in court.
• Fruit of the Poisonous Tree: This doctrine extends the exclusionary rule to evidence indirectly obtained as a result of an illegal search or seizure. If the initial search is unlawful, any evidence derived from it is also inadmissible.

Important Cases

• Mapp v. Ohio (1961): This case applied the exclusionary rule to the states, ensuring that evidence obtained in violation of the Fourth Amendment cannot be used in state courts.
• Terry v. Ohio (1968): Established the “stop and frisk” rule, allowing officers to stop and pat down individuals based on reasonable suspicion of criminal activity.
• United States v. Jones (2012): Held that attaching a GPS device to a vehicle and tracking its movements constitutes a search under the Fourth Amendment.

If you have questions, call Criminal Attorney Josiah Swinney at 317-753-7134 to discuss your case today.

Criminal Suppression Law and Article 1 Section 11 of the Indiana Constitution

Article 1 Section 11 of the Indiana Constitution provides protections against unreasonable searches and seizures, similar to the Fourth Amendment. However, Indiana courts interpret this provision independently from the federal Fourth Amendment. The key points include:

• Reasonableness Standard: Indiana courts use a reasonableness standard that considers the totality of the circumstances. This means the Court looks at the specific facts of each case to determine if a search or seizure was reasonable. The Indiana reasonableness standard of a search or seizure is assessed based on the totality of the circumstances, with a strong focus on privacy expectations, while Federal reasonableness is often assessed through established legal standards and precedents, such as the need for a warrant or recognized exceptions.
• Privacy Expectations: Indiana places a strong emphasis on the individual’s expectation of privacy. The courts often weigh the degree of intrusion against the need for the search or seizure.

The Indiana Supreme Court has developed its own body of case law interpreting Article 1, Section 11. This can lead to different outcomes than a Federal case, even when the facts are identical. For a more detailed look at suppression law and the constitution, click here.

The 5th Amendment to the US Constitution and the Right to Remain Silent

The right to remain silent is a fundamental protection under the Fifth Amendment of the United States Constitution. This right is primarily designed to protect individuals from self-incrimination during legal proceedings.
The Fifth Amendment states, “No person… shall be compelled in any criminal case to be a witness against himself.” This clause forms the basis of the right to remain silent, ensuring that individuals cannot be forced to provide testimonial evidence that could incriminate them.
The landmark Supreme Court case Miranda v. Arizona in 1966 significantly expanded the practical application of the right to remain silent. The Court held that individuals must be informed of their rights, including the right to remain silent, before any custodial interrogation. This led to the creation of the “Miranda warning”, which you are already aware of if you own a tv.
The right to remain silent applies primarily during custodial interrogations. This means that if an individual is in police custody and subject to questioning, they must be informed of their right to remain silent and their right to an attorney. If a person voluntarily speaks to law enforcement without being prompted, those statements can normally be used against them in court. The protection against self-incrimination does not apply if the individual chooses to speak freely. To invoke the right to remain silent, an individual must clearly state their intention to do so. Simply remaining silent is not enough; the person must explicitly assert their Fifth Amendment rights. Additionally, wishy-washy statements like “maybe I shouldn’t talk” are not sufficient to demonstrate assertion of the right. Police officers are required to provide the Miranda warning to ensure that suspects are aware of their rights. Failure to do so can result in the exclusion of any statements made by the suspect from being used as evidence in court. Josiah often advises clients to invoke their right to remain silent to avoid self-incrimination. This strategy helps protect their legal interests and ensures that they do not inadvertently provide evidence that could be used against them.
Josiah also has a mastery of additional rights that are afforded in Indiana, known as Pirtle Rights, that give individuals additional protections that extend beyond the Federal Constitution.
The right to remain silent is a cornerstone of the American legal system, providing essential protection against self-incrimination. Understanding and properly invoking this right is crucial for anyone involved in legal proceedings in Hendricks County. The evolution of case law, particularly through landmark Supreme Court decisions, has shaped the application and interpretation of this right, ensuring that it remains a vital safeguard for individual liberties. If you have questions about your rights under the 5th Amendment, contact Josiah at 317-753-7134 today.

Jury Trial Criminal Attorney in Indiana

Josiah J. Swinney is a distinguished jury trial lawyer known for his exceptional skills and dedication to his clients’ interests in Danville. With a robust legal career focused on criminal defense, Josiah has earned a reputation as a formidable trial lawyer. Josiah’s extensive experience spans numerous high-stakes jury trials in Hendricks County, where his strategy and persuasive advocacy have consistently led to favorable outcomes for his clients. His deep understanding of criminal law, combined with his ability to navigate complex legal issues, makes him a formidable opponent in the courtroom.
Many attorneys shy away from jury trials. Josiah, however, thrives in litigation, particularly in Hendricks County’s Circuit and Superior Courts, where his skills shine. If you are considering hiring a trial attorney for a case in Danville, call Josiah at 317-753-7134 for a free consultation today.

Court Trial Criminal Lawyer in Indiana

Not all cases are suitable for a jury trial. In Danville, where facts are in dispute, a jury trial may be the best course. However, when the interpretation of law is at issue, a court trial may be more appropriate. This decision depends on the case details and the presiding judge in Hendricks County. If you have questions about whether your case would be best heard by a jury or the court, contact Josiah at 317-753-7134 for a free consultation.

Criminal Attorney for Drug & Firearm Cases

Defending against a drug or firearm charge in Hendricks County often involves two core questions:
(1) Can the State prove possession – either actual possession or constructive possession?
(2) Is there a suppression issue that might result in the exclusion of evidence under the Federal or Indiana Constitution?
Josiah has extensive experience handling a wide range of drug and firearm cases in Danville, from simple possession to trafficking and illegal firearm possession charges.

1. Constructive Possession vs. Actual Possession

• • Actual Possession: This occurs when the defendant has direct physical control over the drugs or firearms. For example, if the police find a firearm in your hand, you are in actual possession. In these cases, the question of possession itself is generally straightforward and simple.
  • Constructive Possession: This occurs when the defendant, although not in direct physical control, has the power and intention to control the drugs or firearms. For instance, if drugs are found in a car or home in Danville, and you have access to and control over the location, you may be charged with constructive possession. These cases are often far more complex. In cases involving constructive possession, the Court looks at 6 factors:

(a) incriminating statements by the defendant;

(b) attempted flight or furtive gestures;

(c) a drug manufacturing setting;

(d) proximity of the defendant to the contraband;

(e) contraband is in plain view; and

(f) location of the contraband is in close proximity to items owned by the defendant.

2. Is there a Suppression issue that might result in the exclusion of evidence under the Federal or Indiana Constitution?

(a) The 4th Amendment of the US Constitution focuses on whether or not a reasonable expectation of privacy exists, and whether or not an individual defendant has standing. There generally must be a court issued warrant or an exception to the warrant requirement.

(b) Article 1 Section 11 of the Indiana Constitution provides safeguards from State Actors that go beyond the protection of the 4th Amendment of the Federal Constitution. Indiana courts use a reasonableness standard that considers the totality of the circumstances. Indiana places a strong emphasis on the individual’s expectation of privacy. The Indiana Supreme Court has developed its own body of case law interpreting Article 1, Section 11, which can lead to a different outcome than a case handled in Federal Court.

(c) The 5th Amendment to the US Constitution and the Right to Remain Silent is a fundamental protection created under the original Bill of Rights. This right is primarily designed to protect individuals from self-incrimination during legal proceedings. When an individual’s 5th Amendment Rights are violated, a statement or confession that the individual made can often be excluded from evidence.

Click the following link for additional information about Federal Drug Charges in Indiana.

Murder & Homicide Defense Attorney in Indiana

Facing an accusation of murder or homicide can involve significant penalties, including life sentences or even the death penalty.
When facing the most serious of charges in Hendricks County, you need a defense attorney with unparalleled expertise and a relentless commitment to pursuing your interests. Josiah Swinney engages in meticulous preparation and aggressive courtroom advocacy to protect the rights and freedoms of his clients.
If you are facing a murder or homicide case in Danville, this is not the time to seek discount legal representation. If you are prepared to pull out all the stops and go all in on your legal defense, call Josiah at 317-753-7134 to discuss your case.
With years of experience handling complex cases, Josiah has developed a deep understanding of the legal intricacies involved. His extensive knowledge of forensic evidence, witness examination, and legal precedents allows them to craft compelling defenses tailored to each unique case. Whether it’s a high-profile murder trial or a sensitive manslaughter case, Josiah brings a wealth of expertise to the defense table. Josiah has the ability to develop robust legal defense strategies and is adept at exploring all possible defenses, including self-defense, which can be crucial in homicide cases. Self-defense is a legal justification that allows individuals to use reasonable force to protect themselves from imminent harm or death. Josiah understands the nuances of self-defense laws, including the “Stand Your Ground” statute. Click on the following link for additional information about Indiana Murder and Homicide Lawyer Josiah Swinney.

Sex Crimes Defense Lawyer in Indiana

If you are facing accusations of a sex crime in Hendricks County, hiring Josiah Swinney as your criminal defense lawyer has the possibility of making a significant difference in your case.
Josiah Swinney is a seasoned criminal defense attorney with experience in defending clients accused of sex crimes in Danville. His deep understanding of the complexities involved in these cases, including the sensitive nature and the severe consequences, ensures that you receive a robust and compassionate defense. Known for his exceptional litigation skills, Josiah Swinney is not one to shy away from the courtroom. He is dedicated to fighting for his clients’ rights and freedoms, often challenging the prosecution’s evidence and strategies. His ability to effectively argue motions and present compelling cases in court can be crucial in achieving a favorable outcome.
One of the most daunting aspects of a sex crime conviction is the possibility of being placed on the sex offender registry. This can have long-lasting impacts on your personal and professional life. Josiah Swinney is well-versed in the laws and regulations surrounding the sex offender registry. He works tirelessly to minimize the impact on his clients, exploring all possible avenues to avoid or reduce registration requirements. Unfortunately, being placed on a sex offender registry is often the end of living a normal life. Most individuals on the sex offender registry become homeless, because they cannot obtain employment and their lives are so regulated that basic activities like using a cell phone or a computer without permission are banned, and can subject the individual to additional prosecution. Being placed on the sex offender registry is the end of being able to function in normal society. You should think twice about agreeing to be placed on the sex offender registry merely to get a probation agreement. If you have questions about a sex offense, call Josiah at 317-753-7134 today.

Domestic Violence Defense Attorney in Indiana

Defending against false allegations of domestic violence in Danville can be incredibly challenging and emotionally taxing. False allegations of domestic violence can arise for various reasons, including:

• Custody Battles: One party may falsely accuse the other to gain an advantage in child custody or divorce proceedings.
• Revenge or Retaliation: Sometimes, accusations are made out of spite or to retaliate for perceived wrongs.
• Mental Health Issues: In some cases, the accuser may have underlying mental health issues that lead to false claims.

In my experience, domestic violence cases involve more innocent clients than any other area of law, because almost no evidence is required for the filing of charges. Let me give you some examples:
If someone called the Danville Police Department and said you had drugs, and the police were unable to find any drugs on you, it is very unlikely you would be prosecuted for a crime. If someone accused you of having driven a car drunk a week before, but the police had no evidence that you had even consumed alcohol, it is very unlikely you would be prosecuted for a crime. However, if a romantic partner merely says the words “he hit me” – without any corroboration or evidence – the police are likely to take you to the Hendricks County Jail and the prosecutor is likely to file charges against you.
Do not let your life be destroyed by false allegations from a vindictive lover. If you need an aggressive defense attorney who can defend you against allegations of domestic violence in Hendricks County – with the goal of a not guilty or dismissal – call Josiah at 317-753-7134. Click on any of the following links for additional information about domestic violence defense, self defense law in Indiana, or Indiana legal defenses in general.

Federal Criminal Defense Lawyer in Indiana

Federal criminal defense is inherently more complicated (and expensive) than state defense for several reasons:

1. Higher Stakes: Unfortunately, in Federal Court, the stakes are higher. A case that would typically receive probation in Hendricks County court often receives prison time in Federal Court. A case that might involve several years of prison in State Court will often face decades of incarceration in Federal Court. Do NOT make the mistake of thinking that a Federal prosecution will end in the same way as a State prosecution. Federal Court is the big leagues and if you blow it off or don’t take it seriously – you are likely to have plenty of time to lament this mistake while in a Federal prison.
2. Jurisdiction and Scope: Federal cases often involve violations of federal statutes, which can be more complex and far-reaching than state laws. These cases are prosecuted by federal agencies like the FBI, DEA, and IRS, which have extensive resources and expertise.
3. Resources: Federal court procedures differ significantly from state courts. Federal prosecutors are far more experienced than their Hendricks County counterparts. Federal prosecutors also have much smaller caseloads and significant resources. Attempting to merely overwhelm and exhaust the Federal government is a strategy that is often bound to fail.
4. Expertise: The federal government has vast resources at its disposal, including specialized investigators and expert witnesses. This means that defending a federal case requires a higher level of expertise and often more extensive preparation and investigation.
5. Sentencing Guidelines: Federal sentencing is governed by the Federal Sentencing Guidelines, which are designed to ensure consistent and fair sentencing. However, these guidelines are complex and can result in harsher penalties compared to state sentencing. These guidelines take into account various factors, including the severity of the offense and the defendant’s criminal history. While they aim to promote fairness and consistency, they also limit the discretion of judges, often leading to more severe sentences. Navigating the complexities of federal criminal defense requires a skilled attorney who can effectively challenge the prosecution’s case and advocate for the best possible outcome. With Josiah Swinney on your side, you can be confident that your defense is in capable hands.

Click the following links for additional information about the Federal Sentencing Guidelines, Indiana Federal Criminal Defense, or Federal Drug Charges in Indiana.

White Collar Criminal Defense Lawyer in Indiana

Josiah Swinney is a distinguished attorney focusing on white collar criminal defense, with experience representing clients in high-stakes litigation and complex matters in Danville. His career is marked by a commitment to excellence, a deep understanding of the law, and a relentless pursuit of positive outcomes for his clients. White collar criminal defense is generally more complicated than traditional criminal litigation, because of the intricacy of the underlying background of many white collar crimes. Call Josiah at 317-753-7134 if you have questions about any of the following areas of law:

• Fraud and Embezzlement: Defending clients accused of financial crimes, including securities fraud, healthcare fraud, and corporate embezzlement.
• Insider Trading: Representing individuals and corporations in cases involving allegations of illegal trading based on non-public information.
• Money Laundering: Providing defense against charges of concealing the origins of illegally obtained money.
• Bribery and Corruption: Defending clients in cases involving allegations of bribery, kickbacks, and other forms of corruption.
• Regulatory Compliance: Advising clients on compliance with federal and state regulations to prevent legal issues before they arise.

If you are facing white collar criminal charges in Hendricks County, you need an experienced and dedicated attorney by your side. Contact Josiah Swinney at 317-753-7134 today for a consultation and take the first step towards protecting your rights and securing your future. Click the following link for more information about White Collar Criminal Defense in Indiana.

Forfeiture Litigation Attorney in Indiana

In some cases, the government threatens not only the client’s liberty but also their financial assets through the process of forfeiture. Government actors may try to seize your possessions, including your house, car, 401k or other retirement assets, real property, and bank accounts. A prosecution for even a low-level drug crime in Hendricks County can result in a client being left penniless by the time that police departments and prosecutors divide up your financial assets. Josiah Swinney can help protect your liberty as well as your assets in Danville.
If you are facing criminal charges or the threat of asset forfeiture in Hendricks County, don’t navigate this challenging time alone. Contact Josiah Swinney at 317-753-7134 for a free consultation and take the first step towards protecting your liberty, your rights, and your assets.
Click the following link for more information about State Forfeiture in Indiana or Federal Asset Forfeiture Litigation in Indiana.

Indiana Laws on Parental Discipline, Spanking, and Corporal Punishment

In Indiana, parental discipline laws balance a parent’s right to discipline their child with the need to prevent abuse, guided by the parental privilege defense. This defense allows parents to use reasonable force or confinement for proper control, training, or education, as established in cases like Willis v. State (888 N.E.2d 177, 2008). Discipline is permissible unless it exceeds “transient pain” or “minor, temporary marks,” with courts emphasizing that bruises alone don’t indicate excessive force. However, the State can challenge this defense by proving the force or the parent’s belief in its necessity was unreasonable. This privilege extends to non-parents acting in loco parentis—such as stepparents or guardians—who assume parental roles, based on factors like their involvement in the child’s life, responsibilities, and routine care (Champion v. State, 65 N.E.3d 607, 2016). Courts assess the totality of circumstances, ensuring flexibility while protecting children from harm. Parents and caregivers in Hendricks County must exercise caution, as excessive discipline can lead to charges like battery, especially if reported by mandatory reporters like teachers. Understanding these legal boundaries is crucial for navigating Indiana’s corporal punishment laws safely. For more insights, consult an experienced attorney like Josiah Swinney in Danville. For more detailed information, see my page on: Is Spanking Legal in Indiana? Laws on Parental Discipline and Corporal Punishment

Call Indiana Criminal Attorney Josiah Swinney for a Free Consultation

If you are in need of a serious litigator, who is truly dedicated to the pursuit of your best interests, for a criminal defense matter, criminal appeal, or criminal forfeiture case in Hendricks County, call Josiah Swinney today at 317-753-7134. Josiah practices in the entire state of Indiana. Josiah has also worked with Jeff Cardella, one of Hendricks County, Indiana’s top criminal defense attorneys.