When you choose Josiah as your Indiana criminal defense lawyer, you are choosing an advocate who will stand by you every step of the way. His dedication to litigating cases when it is in his client’s best interest, rather than merely settling for plea agreements, demonstrates his commitment to achieving the best possible outcome for his clients. Trust Josiah Swinney to provide the vigorous defense you deserve.

Josiah’s courtroom experience is extensive and varied, reflecting his deep understanding of the legal system and his ability to navigate its complexities. He has successfully defended clients in many jury trials, where his meticulous preparation and compelling arguments have often led to favorable verdicts. Josiah’s approach to each case is thorough and strategic, ensuring that every detail is examined and every possible defense is explored.

In suppression hearings, Josiah’s expertise shines as he challenges the admissibility of evidence, often securing critical victories for his clients. His ability to dissect police procedures and identify constitutional violations has resulted in the exclusion of key evidence, significantly impacting the outcomes of many cases.

And for cases that do proceed to sentencing, Josiah Swinney’s expertise shines.  Josiah delivers masterful advocacy and leverages his deep understanding of Indiana’s criminal justice system. Josiah crafts compelling sentencing arguments that highlight mitigating factors, challenge aggravating circumstances, and helps to persuade Judge’s to exercise leniency. His strategic approach, honed through years of high-stakes litigation, ensures that every client receives vigorous representation at this critical stage. Josiah’s proven ability to navigate complex sentencing hearings reinforces his reputation as a premier litigator dedicated to protecting his clients’ futures.

Josiah’s courtroom demeanor is characterized by confidence and poise. He is known for his persuasive arguments and his ability to connect with juries, Judges, and opposing counsel. His cross-examinations are particularly noteworthy, as he skillfully exposes inconsistencies and weaknesses in the prosecution’s case.  He enjoy’s the excitement of litigation, and the thrill of having outmaneuvered opposing counsel. 

Click any of the following links for more information:

Rensselaer, Jasper County, Indiana Criminal Courts

Josiah Swinney, Criminal Attorney in Rensselaer, Jasper County, Indiana

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

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

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

Jury Trial Criminal Attorney in Indiana

Court Trial Criminal Lawyer in Indiana

Criminal Attorney for Drug & Firearm Cases 

Murder & Homicide Criminal Defense Lawyer

Sex Crime Defense Lawyer in Indiana

Domestic Violence Defense Attorney in Indiana

Federal Criminal Defense Lawyer in Indiana

White Collar Criminal Defense Lawyer in Indiana

Forfeiture Litigation Attorney in Indiana

Call Indiana Criminal Attorney Josiah Swinney for a free consultation

Rensselaer Jasper County, Indiana Criminal Courts

The criminal court system in Rensselaer, Jasper County, Indiana, operates as a critical component of the local justice system, handling a range of criminal cases, from minor misdemeanors to serious felonies. Jasper County, located in northwest Indiana, is a relatively small, rural community with Rensselaer as its county seat. The criminal court system here is structured to uphold state laws, ensure public safety, and deliver justice through a combination of judicial, prosecutorial, and correctional processes. This system is deeply rooted in Indiana’s broader judicial framework, specifically the 30th Judicial Circuit, which governs Jasper County. Understanding how this system functions requires examining its structure, processes, key institutions, and the roles of various officials involved, as well as the practical realities of operating in a smaller county.

The primary courts handling criminal cases in Jasper County are the Jasper County Circuit Court and the Jasper County Superior Court, both located at 115 West Washington Street in Rensselaer. The Circuit Court serves as the county’s main judicial body and is part of Indiana’s 30th Judicial Circuit. It has jurisdiction over a wide array of cases, including felony and misdemeanor criminal prosecutions, civil disputes, probate matters, and guardianships. The Circuit Court also includes a standard small claims and misdemeanor division, which handles less severe criminal offenses, such as traffic violations or petty theft, where penalties are typically lighter, often involving fines or short-term jail sentences. The Superior Court, while similar in scope, shares jurisdiction with the Circuit Court for criminal and civil cases but often focuses on specific types of cases, including criminal matters, depending on the court’s caseload and judicial assignment. Both courts are designed to ensure that cases are processed efficiently, with judges appointed or elected to oversee proceedings, issue rulings, and impose sentences.

The criminal justice process in Rensselaer begins when a crime is reported or detected, typically through the Jasper County Sheriff’s Office or local law enforcement agencies, such as the Rensselaer Police Department. Once a suspect is identified and arrested, they are booked and may be held at the Jasper County Jail, located near the courthouse. The Sheriff’s Office plays a significant role in this initial stage, not only in apprehending suspects but also in maintaining custody and ensuring their appearance in court. Following an arrest, the case is referred to the Jasper County Prosecuting Attorney’s Office, which represents the State of Indiana in all criminal prosecutions. The prosecutor evaluates the evidence to determine whether to file formal charges, which can range from misdemeanors (e.g., disorderly conduct or minor drug possession) to felonies (e.g., burglary, assault, or drug trafficking). The prosecutor’s decision is guided by the strength of the evidence, the severity of the offense, and the public interest.

Once charges are filed, the case enters the court system, beginning with an initial hearing. At this stage, the defendant is informed of the charges, their rights, and the opportunity to secure legal representation. In Jasper County, defendants who cannot afford an attorney may be appointed a public defender, a service provided through the county’s public defender program. This ensures compliance with constitutional protections, particularly the right to counsel under the Sixth Amendment. The initial hearing also involves setting bail or bond conditions, which determine whether the defendant will be released pending trial or remain in custody. In a smaller county like Jasper, bail decisions often reflect the nature of the crime and the defendant’s ties to the community, as judges aim to balance public safety with fairness to the accused.

The pretrial phase is a critical component of the criminal court process in Rensselaer. During this period, the prosecution and defense engage in discovery, exchanging evidence and preparing their cases. Plea negotiations are common, as they help reduce the court’s caseload and provide defendants with an opportunity to resolve their cases without a full trial. In Jasper County, where resources are limited compared to urban jurisdictions, plea agreements are frequently used to expedite misdemeanor cases and even some lower-level felonies. For example, a defendant charged with a misdemeanor like public intoxication might plead guilty in exchange for a fine or community service, while a felony drug charge might result in a plea deal involving probation rather than prison time. If no plea agreement is reached, the case proceeds to trial, where a judge or jury determines guilt based on evidence presented by both sides.

Trials in Jasper County’s criminal courts follow standard Indiana procedures. In a jury trial, a panel of local citizens is selected to hear the case, evaluate evidence, and deliver a verdict. Jury trials are more common for serious felonies, such as violent crimes or major drug offenses, where the stakes are higher for both the defendant and the community. In contrast, bench trials, where the judge alone decides the outcome, are often used for misdemeanors or less complex cases. The courts in Rensselaer are equipped to handle both types of trials, though the relatively small population means that jury pools are drawn from a tight-knit community, which can sometimes complicate impartiality. Judges in Jasper County are tasked with ensuring fair proceedings, and they rely on Indiana’s rules of evidence and criminal procedure to guide their rulings.

Sentencing is a pivotal stage in the criminal court process, as it determines the consequences for a convicted defendant. In Jasper County, judges have discretion within the boundaries of Indiana’s sentencing guidelines. For misdemeanors, sentences may include fines, community service, or short-term incarceration in the county jail. Felony convictions, depending on their severity, can result in longer prison sentences, often served at state correctional facilities. However, Jasper County emphasizes rehabilitation and community-based corrections where appropriate. The Jasper County Community Corrections program plays a significant role here, offering alternatives to incarceration, such as electronic monitoring, work release, or supervised community service. This program aims to reduce recidivism by addressing the underlying causes of criminal behavior, such as substance abuse or lack of employment, through evidence-based practices. Similarly, the Jasper County Probation Department, located at 125 S. Cullen in Rensselaer, supervises offenders who are placed on probation, ensuring they comply with court-ordered conditions, such as attending counseling or avoiding further criminal activity.

The court system in Rensselaer also integrates specialty programs to address specific types of offenses. For instance, drug courts or problem-solving courts may be available for non-violent offenders with substance abuse issues. These courts focus on treatment and rehabilitation rather than punishment, allowing eligible defendants to participate in supervised programs that can lead to reduced charges or dismissal upon successful completion. While Jasper County’s resources for such programs are more limited than in larger counties, the courts strive to incorporate these alternatives to address underlying issues like addiction, which is a significant concern in rural communities.

The administrative aspects of the criminal court system in Rensselaer are managed by the County Clerk’s Office, which maintains records for both the Circuit and Superior Courts. The Clerk’s Office, reachable at phone numbers like (219) 866-4926 or (219) 866-4921, handles filings for criminal, civil, probate, and guardianship cases, ensuring that court documents are accessible and properly organized. The office also supports e-filing, a modernized system that allows attorneys and litigants to submit documents electronically, streamlining the process. Additionally, the Clerk’s Office is responsible for managing court schedules, coordinating with judges, and ensuring that cases move efficiently through the system. This is particularly important in a smaller county, where staffing and resources are limited, and delays can strain the system.

The Jasper County Courthouse, a historic building constructed in 1898 and listed on the National Register of Historic Places, serves as the physical hub of the criminal court system. Located at 115 West Washington Street, it houses both the Circuit and Superior Courts, as well as related offices like the Clerk and Prosecutor. The courthouse’s central location in Rensselaer makes it accessible to residents, though its hours (Monday through Friday, 8 a.m. to 4 p.m.) reflect the practical constraints of a rural jurisdiction. The courthouse is more than just a functional space; it symbolizes the community’s commitment to justice and governance, serving as a focal point for legal proceedings and civic engagement.

In a rural setting like Jasper County, the criminal court system faces unique challenges. The smaller population and limited tax base mean fewer resources for court staff, public defenders, and correctional programs compared to urban areas. This can lead to backlogs in case processing, especially for complex felony cases requiring extensive evidence or expert testimony. Additionally, the close-knit nature of the community can create challenges in maintaining impartiality, as jurors, defendants, and court officials may know each other personally. However, this same community dynamic can foster a sense of accountability, as local judges and prosecutors are often deeply invested in the well-being of Jasper County residents.

The criminal court system in Rensselaer also reflects broader trends in Indiana’s judicial system, such as the push for technological advancements. The adoption of e-filing and online case searches has improved access to court records and streamlined administrative tasks. However, rural counties like Jasper often lag behind urban centers in implementing these technologies fully, due to budget constraints and limited infrastructure. Despite these challenges, the courts in Rensselaer strive to maintain fairness and efficiency, balancing the needs of defendants, victims, and the broader community.

Victims of crime in Jasper County are supported through the court system as well, though specific victim services may be less comprehensive than in larger jurisdictions. The Prosecuting Attorney’s Office works to keep victims informed about case progress and may connect them with resources, such as counseling or restitution programs. In cases involving violent crimes, victim impact statements are often considered during sentencing, allowing those affected to share their experiences with the court. This ensures that the criminal justice process remains victim-centered, even in a smaller county with limited resources.

The interplay between the courts, law enforcement, and correctional programs in Jasper County creates a cohesive, if resource-constrained, criminal justice system. The Sheriff’s Office, Prosecuting Attorney, Community Corrections, and Probation Department all work in tandem with the Circuit and Superior Courts to ensure that cases are handled from arrest to resolution. While the system is not without its challenges—such as limited funding, staffing shortages, and the complexities of rural community dynamics—it strives to uphold the principles of justice, fairness, and public safety.

In conclusion, the criminal court system in Rensselaer, Jasper County, Indiana, is a multifaceted institution that serves a vital role in maintaining order and delivering justice in a rural community. Through the Circuit and Superior Courts, the system processes a range of criminal cases, supported by the Prosecuting Attorney’s Office, Sheriff’s Office, and correctional programs like Community Corrections and Probation. Despite the challenges of operating in a smaller county, the system is designed to balance punishment, rehabilitation, and community well-being, ensuring that justice is served in a manner consistent with Indiana’s legal framework. The historic Jasper County Courthouse stands as a testament to this commitment, housing a system that, while not perfect, strives to meet the needs of its residents with diligence and care.

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 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 supression 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. 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 today.

Jury Trial Criminal Attorney in Indiana

Josiah J. Swinney is a distinguished jury trial lawyer known for his exceptional skills and unwavering dedication to his client’s interests.  With a robust legal career focused on criminal defense, Josiah has earned a reputation as a formidable trial lawyers. Josiah’s extensive experience spans numerous high-stakes jury trials, 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. Josiah’s track record speaks for itself. He has successfully defended clients in a wide range of criminal cases, from minor offenses to serious felonies.

Many attorneys are afraid of jury trials.  Josiah, on the other hand, prefers cases that are likely to result in litigation and trial because this is where Josiah shines and is able to separate himself from many other attorneys. Josiah has also worked directly with Jeff Cardella, the Criminal Defense Attorney & Expungement Lawyer in Indianapolis & Indiana. If you are considering hiring a trial attorney, rather than a plea bargain attorney, call Josiah for a free consultation today.

Court Trial Criminal Lawyer in Indiana

Not all cases are appropriate for Jury trial.  In certain cases, where the facts are in dispute, a Jury trial can be a client’s best course of action.  However, when the interpretation of law is in dispute, a client can sometimes be better off with a Court Trial.  This is a difficult decision to make and depends on the facts of the case and the particular Judge. If you have questions about whether your case would be best heard by a Jury or the Court, contact Josiah for a free consultation.

Criminal Attorney for Drug & Firearm Cases

Defending against a drug or firearm charge 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, 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, 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 possesion, 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, 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 – this is not the time to go dumpster diving for discount legal representation. If you are prepared to pull out all the stops and go all in on your legal defense – call Josiah 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, 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. 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 offedner registry become homeless, because they can not obtain employement 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 indivudal 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 offedner registry merely to get a probation agreement. If you have questions about a sex offense, call Josiah today.

Domestic Violence Defense Attorney in Indiana

Defending against false allegations of domestic violence 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 police 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 say the words “he hit me” – without any corroboration or evidence – the police are likely to take you to jail and the prosecutor is likely to file charges against you.

Do not let you 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 – with the goal of a not guilty or dismissal – call Josiah. 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 State 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 dont 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 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 theFederal 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. 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 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, you need an experienced and dedicated attorney by your side. Contact Josiah Swinney 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 the Client’s financial assets, through the process of forfeiture.  Government actors may try to seize your possessions, including your house, your case, your 401k or other retirement assets, real property, and bank accounts. A prosecution for even a low level drug crime can result in a Client being left penniless by the time that police departments and prosecutors divide up your financial assets like pirates distributing plunder. Josiah Swinney can help protect your liberty as well as your assets.

One of Josiah’s early mentors was Jeff Cardella, the attorney who obtained a Federal Court order banning Indiana Law Enforcement from enforcing the Indiana Forfeiture Law Due to violations of the Due Process Clause.  Having a chance to work closely with Jeff Cardella gave Josiah a better understanding of how to properly defense a forfeiture case – by not only addressing the factual defenses of the case – but by also going on the offensive with attacks based on Constitutional arguments. If you are facing criminal charges or the threat of asset forfeiture, don’t navigate this challenging time alone. Contact Josiah Swinney for a free consultation and take the first step towards protecting your liberty, your rights and protecting your assets.

Click the following link for more information about State Forfeiture in Indiana or Federal Asset Forfeiture Litigation in Indiana.

Call Indiana Criminal Attorney Josiah Swinney for a free Consultation 

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.