Josiah Swinney, Criminal Defense Lawyer in South Bend, St. Joseph County, Indiana

Josiah Swinney is a distinguished criminal attorney in Indiana.
Call Josiah directly at 317-753-7134 for a free consultation about any criminal matter in the State of Indiana, including expungement services in South Bend.
When facing criminal charges, you need a defense attorney who is experienced and fearless in the courtroom. Josiah is dedicated to fighting for his clients’ rights through rigorous litigation.
With a deep understanding of jury trials, court trials, suppression hearings, and Constitutional rights, Josiah has a proven track record in Indiana. Whether presenting a case before a jury or arguing before a Judge, Josiah meticulously prepares every detail to ensure a robust defense.
One key aspect of Josiah’s practice is his expertise in suppression hearings, challenging unlawfully obtained evidence. By scrutinizing the prosecution’s case, Josiah protects clients’ constitutional rights, often leading to evidence exclusion or case dismissal. His knowledge of the Fourth and Fifth Amendments, as well as Article 1 Section 11 of the Indiana Constitution, underpins his approach to criminal defense in St. Joseph County.
When you choose Josiah as your Indiana criminal defense lawyer, you select an advocate who stands by you every step of the way, committed to achieving the best possible outcome through vigorous litigation rather than settling for plea agreements.
Josiah’s courtroom experience is extensive, reflecting his ability to navigate the complexities of South Bend’s legal system. He has successfully defended clients in jury trials, suppression hearings, and sentencing, ensuring every detail is examined and every possible defense explored.
Click any of the following links for more information:

St. Joseph County, Indiana Criminal Courts

Criminal Defense Attorney in South Bend, St. Joseph County

Suppression Law and the 4th Amendment in Indiana

Suppression Law and Article 1 Section 11 in St. Joseph County

5th Amendment and the Right to Remain Silent

Jury Trial Criminal Defense in Indiana

Court Trial Criminal Defense in Indiana

Drug & Firearm Defense in St. Joseph County

Murder & Homicide Defense in Indiana

Sex Crime Defense in St. Joseph County

Domestic Violence Defense in South Bend

Federal Criminal Defense in Indiana

White Collar Criminal Defense in Indiana

Forfeiture Litigation in St. Joseph County

Parental Discipline Laws in Indiana

Contact St. Joseph County Criminal Attorney for a Free Consultation

St. Joseph County, Indiana Criminal Courts

The criminal court system in South Bend, St. Joseph County, Indiana, serves a population of about 267,618, handling a range of cases from minor infractions to serious felonies. Key facilities include the St. Joseph County Courthouse at 101 South Main Street, South Bend, IN 46601 (contact: 574-235-9551), Courthouse 2 at 112 South Lafayette Boulevard, Courthouse 3 at 129 South Main Street, and the Thomas N. Frederick Juvenile Justice Center at 1000 South Michigan Street (contact: 574-235-9550). These house the Circuit Court, Superior Court, and Probate Court, supported by the Sheriff’s Office, Clerk’s Office, Probation Department, Community Corrections, and Prosecutor’s Office.
The St. Joseph County Circuit Court, led by Judge John E. Broden, handles limited criminal cases like nonsupport and welfare fraud, with most criminal matters assigned to the Superior Court. The Superior Court, under Chief Judge Elizabeth C. Hurley, operates across multiple courthouses, with four judges focusing on felonies, misdemeanors, and infractions (Criminal Division: 574-235-9100; Traffic and Misdemeanor Division: 574-235-9731). The Probate Court, under Judge Jason Cichowicz, manages juvenile delinquency with a focus on rehabilitation.
The St. Joseph County Jail at 401 Lincolnway West, South Bend, IN 46601 (574-245-6500), managed by Sheriff William Redman, processes arrests and houses detainees. The Clerk’s Office at 101 South Main Street, led by Clerk Amy Rolfes (574-235-9635), manages court records and fines. The Prosecutor’s Office at 227 West Jefferson Boulevard, Suite 722 (574-235-9544), handles prosecutions and victim assistance. The Probation Department, located at the Juvenile Justice Center, oversees pre-sentence investigations and supervision. Community Corrections offers alternatives like home detention, while Problem-Solving Courts, such as Drug Court, address issues like addiction.
Cases range from felonies (e.g., murder, drug trafficking) in the Superior Court to misdemeanors and traffic violations in the Traffic and Misdemeanor Division (scheduling: 574-256-6330). Juvenile cases emphasize rehabilitation. Protective orders for domestic violence are processed by both Circuit and Superior Courts. The Odyssey case management system (mycase.in.gov) provides case information, and fines can be paid online or at the Clerk’s Office. For expungement or sealing records in St. Joseph County, contact a criminal defense attorney to navigate Indiana’s Second Chance Law.

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 South Bend 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.”

• Reasonable Expectation of Privacy: Established in Katz v. United States (1967), protecting individuals’ privacy rights.
• Balancing Test: Courts weigh government interests against individual privacy rights.

Warrants and Probable Cause

• Warrant Requirement: Issued by a neutral magistrate, specifying the place and items to be seized.
• Probable Cause: A reasonable belief, based on evidence, that a crime has been committed.

Exceptions to the Warrant Requirement

• Consent Searches: Voluntary consent eliminates the need for a warrant.
• Plain View Doctrine: Evidence in plain view can be seized without a warrant.
• Search Incident to Arrest: Officers can search the arrestee and immediate area 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: Excludes evidence derived from illegal searches.

Important Cases

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

For questions about suppression in St. Joseph 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, with a focus on South Bend’s legal standards.

• Reasonableness Standard: Indiana courts assess searches based on the totality of circumstances, emphasizing privacy expectations.
• Privacy Expectations: Strong emphasis on individual privacy rights in St. Joseph County cases.

Indiana’s case law under Article 1, Section 11 can lead to different outcomes than federal cases. Learn more about suppression law.

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

The Fifth Amendment protects against self-incrimination, a key right in South Bend criminal cases: “No person… shall be compelled in any criminal case to be a witness against himself.”
The Miranda v. Arizona (1966) decision mandates that individuals in custody be informed of their right to remain silent and right to an attorney. Clear invocation of this right is essential to prevent self-incriminating statements from being used in court. In Indiana, additional protections like Pirtle Rights enhance these safeguards. For questions about your rights in St. Joseph County, contact Josiah at 317-753-7134.

Jury Trial Criminal Attorney in Indiana

Josiah Swinney excels in jury trials, leveraging his skills in St. Joseph County courtrooms to secure favorable outcomes in cases ranging from minor offenses to serious felonies.
For cases involving disputed facts, a jury trial may be the best option, while disputes over legal interpretation may suit a court trial. Contact Josiah at 317-753-7134 to discuss the best approach for your South Bend case.

Court Trial Criminal Lawyer in Indiana

In South Bend, court trials can be strategic when legal interpretations are at issue. Josiah’s expertise ensures thorough preparation for bench trials in St. Joseph County.

Criminal Attorney for Drug & Firearm Cases

Josiah handles drug and firearm cases in South Bend, focusing on possession issues and suppression of evidence under federal and Indiana constitutions.

1. Constructive Possession vs. Actual Possession

• Actual Possession: Direct control over drugs or firearms.
• Constructive Possession: Power and intent to control contraband, assessed by factors like proximity and incriminating statements.

2. Suppression Issues

Suppression challenges in St. Joseph County focus on the 4th Amendment, Article 1 Section 11, and 5th Amendment protections.

Learn more about Federal Drug Charges in Indiana.

Murder & Homicide Defense Attorney in Indiana

Facing murder or homicide charges in South Bend requires a skilled attorney. Josiah’s expertise in forensic evidence and defenses like self-defense ensures robust representation. Learn more about murder and homicide defense.

Sex Crimes Defense Lawyer in Indiana

Sex crime accusations in St. Joseph County carry severe consequences, including registry placement. Josiah’s litigation skills help minimize impacts and challenge evidence. Contact him at 317-753-7134.

Domestic Violence Defense Attorney in Indiana

False domestic violence allegations in South Bend can arise from custody disputes or retaliation. Josiah aggressively defends clients to achieve dismissals or not guilty verdicts. Learn more about domestic violence defense.

Federal Criminal Defense Lawyer in Indiana

Federal cases in South Bend involve complex statutes and harsh sentencing guidelines. Josiah’s expertise ensures effective defense strategies. Learn more about federal criminal defense.

White Collar Criminal Defense Lawyer in Indiana

Josiah defends white collar crimes in South Bend, including fraud and money laundering, with a focus on complex litigation. Contact him at 317-753-7134.

Forfeiture Litigation Attorney in Indiana

Asset forfeiture in St. Joseph County can threaten financial stability. Josiah protects clients’ assets through constitutional arguments. Learn more about 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 can lead to battery charges, especially in South Bend. Learn more about parental discipline laws.

Call St. Joseph County Criminal Attorney for a Free Consultation

For criminal defense, expungement, or forfeiture cases in South Bend, call Josiah Swinney at 317-753-7134. He practices across Indiana.
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.