Sullivan County Criminal Courts

Josiah Swinney, Sullivan County Criminal Attorney

Suppression Law and the 4th Amendment

Suppression Law and Indiana Constitution

5th Amendment and Right to Remain Silent

Jury Trial Attorney in Sullivan County

Court Trial Attorney in Sullivan County

Drug & Firearm Defense in Sullivan County

Murder & Homicide Defense

Sex Crime Defense in Sullivan County

Domestic Violence Defense in Sullivan County

Federal Criminal Defense

White Collar Defense in Sullivan County

Forfeiture Litigation in Sullivan County

Free Consultation with Josiah Swinney

Sullivan County, Indiana Criminal Courts

The Sullivan County criminal court system, serving approximately 21,050 residents, handles cases from infractions to felonies. Located at the historic Sullivan County Courthouse, 100 Courthouse Square, Sullivan, IN 47882, it includes the Circuit Court, Superior Court, Sheriff’s Office, Clerk’s Office, and Prosecutor’s Office, ensuring justice along the Wabash River.
The Sullivan County Circuit Court, at 100 Courthouse Square, Room 306, Sullivan, IN 47882, led by Judge Robert E. Hunley II, oversees felonies, misdemeanors, and juvenile cases. Operating Monday–Friday, 8:00 a.m.–4:00 p.m. (closed 12:00–1:00 p.m.), it emphasizes rehabilitation through community programs. Contact: (812) 268-4411. E-filing is required for attorneys.
The Sullivan County Superior Court, at 100 Courthouse Square, Room 105, Sullivan, IN 47882, under Judge Hugh R. Hunt, handles felonies, misdemeanors, and traffic violations, focusing on drug and property crimes. Contact: (812) 905-0499. Hours align with the Circuit Court.
The Clerk’s Office, at 100 Courthouse Square, manages records and fines, contactable at (812) 268-4657. Pay fines online at mycase.in.gov. The Sullivan County Jail, 24 South State Street, Sullivan, IN 47882, under Sheriff Jason Bobbitt, supports detainees with rehabilitation programs. Contact: (812) 268-4044. The Prosecutor’s Office, at (812) 268-6008, handles prosecutions and victim assistance.
Cases begin with arrest at the jail, followed by initial hearings for bail and charges. Public defenders are available. The process includes pleas, motions, and trials, with jurors from Sullivan County voters or drivers. Convictions may result in fines, probation, or incarceration. The Probation Department, reachable via the courthouse, supervises offenders and conducts pre-sentence investigations. Contact: (812) 268-4411.
Sullivan County’s Community Corrections offers alternatives like home detention, and drug courts address addiction. Access case information via mycase.in.gov. The courthouse, a 1926 Beaux Arts landmark, is accessible with ramps and elevators, serving communities like Carlisle and Farmersburg.

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

The Fourth Amendment protects against unreasonable searches and seizures in Sullivan 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.”

It emphasizes reasonable expectation of privacy and a balancing test.

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

Warrants and Probable Cause

• Warrant Requirement: Issued by a magistrate based on probable cause, specifying search details.
• Probable Cause: Reasonable belief of a crime, based on factual evidence.

Exceptions to the Warrant Requirement

• Consent Searches: Voluntary consent eliminates warrant need.
• Plain View Doctrine: Evidence in plain view can be seized without a warrant.
• Search Incident to Arrest: Post-arrest searches ensure safety and preserve evidence.
• Exigent Circumstances: Emergencies like imminent danger allow warrantless searches.
• Automobile Exception: Probable cause allows vehicle searches without a warrant.

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 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 search.

For questions, 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, distinct from the Fourth Amendment. Key points:

• Reasonableness Standard: Indiana courts assess searches based on totality of circumstances, focusing on privacy expectations.
• Privacy Expectations: Strong emphasis on individual privacy rights.

Indiana’s unique case law may yield different outcomes than federal cases. Learn more about suppression law.

5th Amendment and the Right to Remain Silent

The Fifth Amendment protects against self-incrimination, stating, “No person… shall be compelled in any criminal case to be a witness against himself.”
Miranda v. Arizona (1966) established the Miranda warning, requiring police to inform suspects of their right to remain silent during custodial interrogation. Clear invocation is needed; vague statements are insufficient. Failure to provide Miranda warnings can exclude statements from evidence. In Sullivan County, invoking this right protects against self-incrimination. Josiah advises clients to assert this right. Indiana’s Pirtle Rights offer additional protections. Contact Josiah at 317-753-7134.

Jury Trial Criminal Attorney in Indiana

Josiah Swinney’s jury trial expertise shines in Sullivan County. His strategic advocacy and deep legal knowledge lead to favorable outcomes in cases from minor offenses to felonies. Unlike attorneys favoring plea deals, Josiah thrives in litigation. Call for a free consultation at 317-753-7134.

Court Trial Criminal Lawyer in Indiana

When legal interpretation is key, a court trial may be best. Josiah advises on whether a jury or court trial suits your Sullivan County case. Contact him at 317-753-7134.

Criminal Attorney for Drug & Firearm Cases

Drug and firearm cases in Sullivan County hinge on possession and suppression issues:
(1) Proving actual or constructive possession.
(2) Identifying suppression issues under federal or Indiana Constitutions.
Josiah handles cases from possession to trafficking. Learn more about federal drug charges.

1. Constructive Possession vs. Actual Possession

• • Actual Possession: Direct physical control, e.g., a firearm in hand.
  • Constructive Possession: Power and intent to control, assessed by six factors, including proximity and incriminating statements.

2. Suppression Issues

(a) 4th Amendment: Requires reasonable expectation of privacy and standing.

(b) Indiana Constitution: Emphasizes reasonableness and privacy.

(c) 5th Amendment: Protects against self-incrimination, excluding improper statements.

Murder & Homicide Defense Attorney in Indiana

Murder or homicide charges in Sullivan County carry severe penalties. Josiah’s meticulous preparation and aggressive advocacy protect clients, exploring defenses like self-defense. Learn more about homicide defense.

Sex Crimes Defense Lawyer in Indiana

Sex crime accusations in Sullivan County require robust defense. Josiah’s litigation skills challenge evidence, aiming to avoid sex offender registry consequences. Call 317-753-7134.

Domestic Violence Defense Attorney in Indiana

False domestic violence allegations in Sullivan County, often from custody disputes or retaliation, can devastate lives. Josiah aggressively defends clients, aiming for dismissals. Learn more about domestic violence defense.

For a dedicated litigator in Sullivan County for criminal defense, appeals, or forfeiture, call Josiah Swinney at 317-753-7134. Josiah practices across Indiana.