Josiah Swinney, Criminal Defense Lawyer in Goshen, Elkhart County, Indiana

Josiah Swinney is a distinguished criminal attorney in Indiana.
With exceptional litigation skills, Josiah is dedicated to defending clients’ rights. Call Josiah directly at 317-753-7134 for a free consultation about any criminal matter in Elkhart County or throughout Indiana.
When facing criminal charges, you need an experienced defense attorney who is fearless in the courtroom. Unlike many attorneys who push for plea agreements, Josiah fights for clients’ rights through rigorous litigation.
With a deep understanding of jury trials, court trials, suppression hearings, and Constitutional rights, Josiah secures favorable outcomes for clients in Goshen and beyond. Whether before a jury or judge, Josiah prepares meticulously to ensure the best defense. If you need a criminal lawyer in Elkhart County ready to fight for your liberty, call Josiah.
Josiah’s expertise in suppression hearings is a cornerstone of his practice. He challenges unlawfully obtained evidence, often leading to its exclusion or case dismissal. His knowledge of constitutional law, including the Fourth and Fifth Amendments and Article 1 Section 11 of the Indiana Constitution, allows him to craft robust defenses protecting clients’ rights.
Choosing Josiah as your Elkhart County criminal defense lawyer means selecting an advocate who stands by you. His commitment to litigation over plea deals reflects his dedication to achieving the best outcomes. Trust Josiah Swinney for vigorous defense in Goshen.
Josiah’s extensive courtroom experience reflects his ability to navigate legal complexities. He has defended clients in numerous jury trials, securing favorable verdicts through meticulous preparation and compelling arguments.
In suppression hearings, Josiah excels at challenging evidence admissibility, often achieving critical victories. His ability to identify constitutional violations has led to evidence exclusion, significantly impacting case outcomes.
At sentencing, Josiah’s advocacy shines. He crafts compelling arguments highlighting mitigating factors and challenging aggravating circumstances, persuading judges for leniency. His strategic approach ensures vigorous representation at this critical stage.
Click any of the following links for more information:

Elkhart County Criminal Courts in Goshen

Josiah Swinney, Criminal Attorney in Goshen, Elkhart County

Indiana Suppression Lawyer and the 4th Amendment

Suppression Law and Article 1 Section 11 of the Indiana Constitution

The 5th Amendment and the Right to Remain Silent

Jury Trial Criminal Attorney in Elkhart County

Court Trial Criminal Lawyer in Goshen

Drug & Firearm Defense Attorney in Elkhart County

Murder & Homicide Defense Lawyer in Indiana

Sex Crime Defense Lawyer in Goshen

Domestic Violence Defense Attorney in Elkhart County

Federal Criminal Defense Lawyer in Indiana

White Collar Criminal Defense Lawyer in Goshen

Forfeiture Litigation Attorney in Elkhart County

Indiana Laws on Parental Discipline and Corporal Punishment

Call Josiah Swinney for a Free Consultation in Elkhart County

Elkhart County, Indiana Criminal Courts

The criminal court system in Goshen, Elkhart County, Indiana, serves a community of about 207,000, known for its Amish heritage and manufacturing along the St. Joseph River. Centered at the Elkhart County Courthouse (101 North Main Street, Goshen, IN 46526), it includes one Circuit Court, six Superior Courts, municipal courts in Elkhart and Nappanee, and the Goshen City Court (111 East Jefferson Street, Goshen, IN 46528). A new consolidated courts campus at Reliance and Peddler’s Village roads is set to open by March 2025, housing 14 courtrooms, the Clerk’s Office, Probation, and Public Defender’s Office. Contact the Circuit Court at 574-535-6422 and Superior Courts at 574-535-6440.
The historic Elkhart County Courthouse, listed on the National Register of Historic Places, hosts the Circuit Court (Judge Michael A. Christofeno) and some Superior Courts, handling felonies, misdemeanors, and juvenile cases. Superior Court 1 (Judge Kristine Osterday) and others manage diverse caseloads, while Goshen City Court addresses ordinance violations. Courts operate Monday 8:00 a.m.–5:00 p.m., Tuesday–Friday 8:00 a.m.–4:00 p.m., with Superior Court 4 extending to 6:00 p.m. Tuesdays for traffic court. The Odyssey Case Management System enables e-filing and public record access.
The Elkhart County Sheriff’s Department (26861 County Road 26, Elkhart, IN 46517; 574-533-8644) conducts arrests and manages the Corrections Center, offering inmate lookup via JailATM. The Goshen Police Department (111 East Jefferson Street; 574-533-8661) handles city incidents. The Prosecutor’s Office (301 South Main Street, Suite 100, Elkhart, IN 46516; 574-296-1888) prosecutes cases and offers diversion programs (574-296-1836). The Clerk’s Office (101 North Main Street, Room 204, Goshen, IN 46526; 574-535-6430) maintains records and processes payments. The Probation Office, soon relocating to the new campus, supervises offenders and supports rehabilitation programs tailored to Elkhart County’s diverse population.
For expungement or criminal defense needs in Goshen, understanding local court processes is key. The system emphasizes fairness and rehabilitation, with community engagement through events like the Elkhart County 4-H Fair. Contact an experienced attorney for guidance on navigating Elkhart County’s courts.

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

The Fourth Amendment protects against unreasonable searches and seizures, ensuring privacy rights in Elkhart County and beyond:

“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 emphasizes reasonable expectation of privacy and a balancing test.

• Reasonable Expectation of Privacy: Established in Katz v. United States (1967), it protects individuals’ privacy, not just places.
• Balancing Test: Courts weigh government interests against individual privacy rights.

Warrants and Probable Cause

• Warrant Requirement: Issued by a neutral magistrate based on probable cause, specifying search details.
• Probable Cause: A reasonable belief, based on evidence, that a crime has occurred or will occur.

Exceptions to the Warrant Requirement

• Consent Searches: Voluntary consent allows warrantless searches.
• Plain View Doctrine: Evidence in plain view during lawful presence can be seized without a warrant.
• Search Incident to Arrest: Officers can search arrestees and nearby areas post-arrest.
• Exigent Circumstances: Emergencies like imminent danger allow warrantless searches.
• Automobile Exception: Vehicles can be searched without a warrant if probable cause exists.

Exclusionary Rule

• Purpose: Deters police misconduct by excluding illegally obtained evidence.
• Fruit of the Poisonous Tree: Evidence derived from illegal searches is also inadmissible.

Important Cases

• Mapp v. Ohio (1961): Applied the exclusionary rule to state courts.
• Terry v. Ohio (1968): Allowed “stop and frisk” based on reasonable suspicion.
• United States v. Jones (2012): GPS tracking constitutes a Fourth Amendment search.

For questions about suppression in Elkhart County, call Josiah Swinney at 317-753-7134.

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

Article 1 Section 11 of the Indiana Constitution offers protections against unreasonable searches and seizures, distinct from the Fourth Amendment. Key points include:

• Reasonableness Standard: Indiana courts assess searches based on the totality of circumstances, emphasizing privacy expectations.
• Privacy Expectations: Strong focus on individual privacy rights, often leading to different outcomes than federal cases.

Indiana’s unique case law under Article 1, Section 11 can impact suppression hearings in Goshen. Click here for more on suppression law.

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

The Fifth Amendment protects against self-incrimination, ensuring the right to remain silent. It states, “No person… shall be compelled in any criminal case to be a witness against himself.”
The Miranda v. Arizona (1966) decision requires police to inform suspects of their rights during custodial interrogation. Clear invocation of the right to remain silent is crucial in Elkhart County cases. Failure to provide Miranda warnings can lead to evidence exclusion. Josiah advises clients to invoke this right to avoid self-incrimination, leveraging Indiana’s Pirtle Rights for added protections. Contact Josiah at 317-753-7134 for guidance.

Jury Trial Criminal Attorney in Indiana

Josiah Swinney excels in jury trials, leveraging his litigation skills to secure favorable outcomes in Elkhart County. His experience spans minor offenses to serious felonies, making him a formidable advocate in Goshen’s courtrooms. Call Josiah at 317-753-7134 for a free consultation.

Court Trial Criminal Lawyer in Indiana

Court trials may suit cases involving legal disputes better than jury trials. Deciding between them depends on case specifics and the judge. Contact Josiah at 317-753-7134 to discuss your options in Elkhart County.

Criminal Attorney for Drug & Firearm Cases

Drug and firearm cases in Elkhart County hinge on possession and suppression issues. Josiah handles cases from simple possession to trafficking, challenging evidence under federal and Indiana constitutions. Call 317-753-7134 for details. Click for more on Federal Drug Charges.

Murder & Homicide Defense Attorney in Indiana

Murder and homicide charges in Goshen require expert defense. Josiah’s meticulous preparation and knowledge of forensic evidence and self-defense laws ensure robust representation. Call 317-753-7134. Click for more on Murder and Homicide Defense.

Sex Crimes Defense Lawyer in Indiana

Sex crime accusations in Elkhart County demand skilled defense. Josiah challenges evidence and works to minimize sex offender registry impacts. Call 317-753-7134 for a consultation.

Domestic Violence Defense Attorney in Indiana

False domestic violence allegations in Goshen can arise from custody disputes or retaliation. Josiah aggressively defends clients, aiming for dismissals. Call 317-753-7134. Click for more on domestic violence defense.

Federal Criminal Defense Lawyer in Indiana

Federal cases in Elkhart County involve complex laws and harsher penalties. Josiah navigates federal sentencing guidelines and challenges prosecutors. Call 317-753-7134. Click for more on federal defense.

White Collar Criminal Defense Lawyer in Indiana

Josiah defends white collar crimes like fraud and embezzlement in Goshen, offering expert representation. Call 317-753-7134. Click for more on white collar defense.

Forfeiture Litigation Attorney in Indiana

Asset forfeiture in Elkhart County threatens financial stability. Josiah protects clients’ assets with constitutional arguments. Call 317-753-7134. Click for more on state forfeiture.

Indiana Laws on Parental Discipline, Spanking, and Corporal Punishment

Indiana’s parental discipline laws allow reasonable force for child control, per cases like Willis v. State (2008). Excessive discipline risks battery charges. Consult Josiah in Goshen at 317-753-7134. Click for more on parental discipline laws.

Call Indiana Criminal Attorney Josiah Swinney for a Free Consultation

For a dedicated litigator in Elkhart County for criminal defense, appeals, or forfeiture, call Josiah Swinney at 317-753-7134. Josiah practices across Indiana, including Goshen. Click for more on statewide practice.

DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an Indiana Criminal Defense attorney or attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.