Josiah Swinney is a distinguished criminal attorney in Indiana.
With a focus on defending clients in Valparaiso and throughout Porter County, Josiah offers skilled litigation for criminal charges and expungements. Call Josiah directly at 317-753-7134 for a free consultation about any criminal matter in the State of Indiana.
When facing criminal charges, you need a defense attorney who is experienced and fearless in the courtroom. Unlike many attorneys who often seek plea agreements, 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 secures favorable outcomes for clients in Indiana. Whether presenting a case before a jury or arguing before a Judge, Josiah meticulously prepares every detail to ensure the best possible defense. If you are looking for an Indiana criminal lawyer to fight for your liberty in Porter County, call Josiah.
One key aspect of Josiah’s practice is his expertise in suppression hearings. He challenges the admissibility of evidence that may have been obtained unlawfully, protecting clients’ constitutional rights, often leading to the exclusion of critical evidence or dismissal of charges. His knowledge of constitutional law, including the Fourth and Fifth Amendments and Article 1 Section 11 of the Indiana Constitution, underpins his approach to criminal defense in Valparaiso.
When you choose Josiah as your Indiana criminal defense lawyer, you select an advocate who will stand by you every step of the way. His commitment to litigating cases, rather than settling for plea agreements, ensures the best possible outcome for clients in Porter County. Trust Josiah Swinney to provide the vigorous defense you deserve.
Josiah’s courtroom experience spans jury trials, where his preparation and compelling arguments often lead to favorable verdicts. His ability to dissect police procedures and identify constitutional violations in suppression hearings can significantly impact case outcomes.
For cases proceeding to sentencing, Josiah delivers masterful advocacy, leveraging his understanding of Indiana’s criminal justice system to craft compelling arguments that highlight mitigating factors and persuade Judges to exercise leniency in Valparaiso courts.
Click any of the following links for more information:

Porter County, Indiana Criminal Courts

Josiah Swinney, Criminal Attorney in Valparaiso, Porter County, Indiana

Indiana Criminal Suppression Lawyer and the 4th Amendment

Criminal 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 Porter County

Court Trial Criminal Lawyer in Porter County

Criminal Attorney for Drug & Firearm Cases in Valparaiso

Murder & Homicide Criminal Defense Lawyer

Sex Crime Defense Lawyer in Porter County

Domestic Violence Defense Attorney in Valparaiso

Federal Criminal Defense Lawyer in Indiana

White Collar Criminal Defense Lawyer in Indiana

Forfeiture Litigation Attorney in Porter County

Indiana Laws on Parental Discipline, Spanking, and Corporal Punishment

Call Indiana Criminal Attorney Josiah Swinney for a Free Consultation

Porter County, Indiana Criminal Courts

The criminal court system in Valparaiso, Porter County, Indiana, serves a community of approximately 173,215 residents, handling cases from minor violations to serious felonies. Located in the county seat of Valparaiso, the Porter County Courthouse at 16 Lincolnway, Valparaiso, IN 46383, is a historic limestone structure housing the Circuit Court and four Superior Courts. These courts work with key entities like the Sheriff’s Office, Clerk’s Office, Probation Department, Community Corrections, and Prosecutor’s Office to ensure justice and public safety.

The Porter County Circuit Court, presided over by Judge Mary R. Harper, handles felonies, misdemeanors, and juvenile delinquency cases, emphasizing rehabilitation. Contact the court at (219) 465-3450. Superior Court 1, under Judge Michael A. Fish, manages criminal and civil cases, reachable at (219) 465-3410. Superior Court 2, led by a magistrate, handles similar cases, contactable at (219) 465-3411. Superior Court 3, under Judge Jeffrey W. Clymer, specializes in criminal cases and traffic violations, reachable at (219) 465-3413. Superior Court 4, also led by a magistrate, supports criminal and civil matters. All courts operate Monday through Friday, 8:30 a.m. to 4:30 p.m., and require e-filing for attorneys.

The Porter County Jail, at 2755 State Road 49, Valparaiso, IN 46383, managed by Sheriff Jeffrey A. Balon, houses inmates awaiting trial or serving short sentences. Contact the jail at (219) 477-3050. The Clerk’s Office, led by Jessica A. Bailey, at 16 Lincolnway, Suite 211, manages court records and fines, contactable at (219) 465-3450. The Prosecutor’s Office handles prosecutions and victim assistance, reachable at (219) 465-3415. The Probation Department, at 155 Indiana Ave, Valparaiso, IN 46383, provides supervision and rehabilitation, contactable at (219) 465-3460. Community Corrections, led by Tanya Gear, offers alternatives like home detention, reachable at (219) 465-3477.

Cases range from felonies like drug trafficking to misdemeanors like DUI, with juvenile cases focusing on rehabilitation. The Odyssey system allows case access via mycase.in.gov, and fines can be paid online or at the Clerk’s Office. For expungement or sealing of criminal records in Porter County, courts follow Indiana’s Second Chance Law, offering opportunities to clear eligible records. Contact an attorney to explore expungement options.

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 protects privacy in Valparaiso, balancing individual rights with law enforcement needs.

• Reasonable Expectation of Privacy: Established in Katz v. United States (1967), this protects individuals in places like their Valparaiso homes.
• Balancing Test: Courts weigh government interests against privacy rights in Porter County cases.

Warrants and Probable Cause

• Warrant Requirement: Issued by a neutral magistrate, warrants must specify the place and items to be seized.
• Probable Cause: Requires a reasonable belief a crime has been committed, critical for Porter County searches.

Exceptions to the Warrant Requirement

• Consent Searches: Voluntary consent allows searches without a warrant in Valparaiso.
• Plain View Doctrine: Evidence in plain view 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: Excludes illegally obtained evidence to deter misconduct.
• Fruit of the Poisonous Tree: Evidence derived from illegal searches is inadmissible.

Important Cases

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

For questions about your case in Valparaiso, call Criminal Attorney 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 in Valparaiso.
• Privacy Expectations: Indiana prioritizes individual privacy, weighing intrusion against search necessity.

Indiana’s case law can lead to different outcomes than federal cases. Learn more about suppression law.

The 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 rights during custodial interrogation in Valparaiso. Clear invocation of the right to remain silent is essential to prevent statements from being used in court. Indiana’s Pirtle Rights provide additional protections. Contact Josiah at 317-753-7134 for guidance.

Jury Trial Criminal Attorney in Porter County

Josiah Swinney excels in jury trials, leveraging strategic advocacy to defend clients in Valparaiso. His experience spans minor offenses to serious felonies, making him a trusted choice for Porter County cases. Call Josiah at 317-753-7134 for a free consultation.

Court Trial Criminal Lawyer in Porter County

When legal interpretation is disputed, a court trial may be preferable. Josiah advises clients in Valparaiso on whether a jury or court trial suits their case. Contact him at 317-753-7134.

Criminal Attorney for Drug & Firearm Cases in Valparaiso

Josiah handles drug and firearm cases in Porter County, addressing possession and suppression issues under federal and Indiana law. His expertise ensures robust defenses for charges from simple possession to trafficking.

1. Constructive Possession vs. Actual Possession

• • Actual Possession: Direct control over drugs or firearms, e.g., items found on a person in Valparaiso.
  • Constructive Possession: Power and intent to control items, assessed by factors like proximity and incriminating statements.

(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. Suppression Issues

(a) The 4th Amendment addresses privacy and warrant requirements.

(b) Article 1 Section 11 of the Indiana Constitution emphasizes reasonableness and privacy.

(c) The 5th Amendment protects against self-incrimination.

Learn more about Federal Drug Charges in Indiana.

Murder & Homicide Defense Attorney in Indiana

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

Sex Crimes Defense Lawyer in Porter County

Josiah defends clients accused of sex crimes in Valparaiso, addressing severe consequences like the sex offender registry. His litigation skills challenge evidence to protect clients’ futures. Call 317-753-7134 for assistance.

Domestic Violence Defense Attorney in Valparaiso

False domestic violence allegations in Porter County 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 Valparaiso involve complex statutes and harsher penalties. Josiah’s expertise navigates federal sentencing guidelines and challenges prosecutors effectively. Learn more about federal defense.

White Collar Criminal Defense Lawyer in Indiana

Josiah represents clients in Valparaiso facing fraud, embezzlement, or money laundering charges, providing expert defense in complex white collar cases. Learn more about white collar defense.

Forfeiture Litigation Attorney in Porter County

Josiah protects clients’ assets from forfeiture in Valparaiso, using constitutional arguments to defend against government seizures. Learn more about forfeiture litigation.

Indiana Laws on Parental Discipline, Spanking, and Corporal Punishment

Indiana’s parental privilege defense allows reasonable discipline, per Willis v. State (2008), but excessive force can lead to battery charges in Valparaiso. Learn more about parental discipline laws.

Call Indiana Criminal Attorney Josiah Swinney for a Free Consultation

For a dedicated litigator in Valparaiso for criminal defense, appeals, or forfeiture cases, call Josiah Swinney at 317-753-7134. Josiah practices throughout Indiana.