In order to make a payment, including “buy now pay later” please click the button below and enter the Client’s name and the payment amount. By making a payment through this website, you agree to the following:
Client understands that some cases are done on a flat fee basis. Client understands that some cases are done on an hourly basis at $350 per hour. Client understands that when there is a flat fee contract, this creates certainty about the cost of legal representation although in some individual cases the flat fee may be far more or far less than the hourly rate would have been. If CLIENT fails to make timely payments, Josiah Swinney, Criminal Attorney & Constitutional Rights Lawyer, Indianapolis, Indiana LLC (“SWINNEY”), reserves the option to request permission from the Court to withdraw from the representation of CLIENT under I.C. 35-36-8-2. If SWINNEY initiates legal action against CLIENT for collection of fees or expenses owed by CLIENT to SWINNEY under the terms of this agreement, CLIENT agrees to pay the costs of said collection, including any costs for filing fees, costs for serving CLIENT, costs of a private investigator if one is needed to locate CLIENT or CLIENT’s assets. If the are multiple legal matters, payments shall go to older payments first. Additionally, CLIENT agrees to compensate SWINNEY at a rate of $350 per hour for any time spent as part of the case, including travel. Additionally, CLIENT agrees to compensate any attorney/firm/collections agency that is hired to assist the SWINNEY, also at a rate of $350 an hour, including travel. In the event that SWINNEY must withdraw prior to resolution of the case due to CLIENT’s failure to communicate with SWINNEY, or due to the client’s request that SWINNEY withdraw, or due to the hiring of another attorney, or due to CLIENT’s failure to make regular payments, or due to appointment of The Public Defender, or due to CLIENT wishing to take a course of action which CLIENT is unable to pay for, CLIENT will be charged at $350 an hour (including travel) and any unearned part of the flat fee will be returned to CLIENT. Time records shall be rounded up at 6 minute intervals. In the event that client fails to appear for court, SWINNEY may withdraw. In the event that higher charges are filed, any fees in would double for each level that charges are increased. Payment would be due on the same dates as stated in this contract. In the event that higher level charges are filed and CLIENT is unable to pay this increased fee, SWINNEY may withdraw. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be Marion County, Indiana. Indiana law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payor waives the right to dispute this charge with a bank for claims of services not received by cardholder or other similar claim of non-service. Re-entry of an appearance after a motion to withdraw has been granted shall be an additional fee of $350. Any court dates that must be repeated due to CLIENT not appearing shall be an additional fee of $500, due immediately. CLIENT must be paid in full before a fast and speedy trial is requested. CLIENT acknowledges that SWINNEY has made no promises or guarantees regarding the outcome of this matter. This contract includes a hardship/SDP license if available, but only as it pertains to the criminal license suspension from the sentence in the criminal case. This contract does not include immigration proceedings, forfeiture proceedings, divorce proceedings, child custody proceedings, DCS hearings, release of property, expungement (unless specifically included by written contract), AMS petitions, sealing, civil protective order hearings, sentence modification, federal prosecution, modification of a hardship/SDP license, renewal of a hardship/SDP license, BMV or no insurance license suspensions, 1983 civil rights claims (including claims relating to inmate medical treatment), meetings with probation or diversion coordinators, appeal, post-conviction relief, violation hearings, civil lawsuits, licensing law or administrative law, translator costs, representation subsequent to the court’s acceptance of an agreement, representation during violation hearings subsequent to the court’s acceptance of an agreement, representation during post conviction relief, representation on appeal, and representation after acceptance of a diversion agreement. Client understands the possibility that charges will not be filed or may be dismissed. If charges have not yet been filed, SWINNEY will monitor for the filing of charges for a period of 6 months. Client understands that telephone contact and text messaging should be kept to normal business hours. In the event of an Emergency, for phone calls or text messages sent on Saturday or Sunday at anytime, there shall be a fee of $500, due immediately. In the event of an Emergency, for phone calls or text messages sent on Monday to Friday after 5 PM or before 9 AM, there shall be a fee of $500, due immediately. For all situations where client fails to appear for a meeting, court date, or other event – for any reason – and the event must be rescheduled, there is a $500 fee due immediately.
For all cases that specifically include expungement, Client understands that Expungement and Sealing does not prevent the Court or law enforcement and some government agencies from viewing records and professional licensing agencies may still inquire about expunged records. This does NOT include juvenile matters. Client understands there is a fling fee of $162 per county. Attorney fees and filing fee must be paid in full prior to filing. CLIENT UNDERSTANDS THAT UNDER INDIANA LAW, EXPUNGEMENT OF A MAJOR FELONY DOES NOT RESULT IN RECORDS BEING SEALED FROM PUBLIC VIEW. MAJOR FELONY RECORDS ARE STILL VIEWABLE BY THE PUBLIC AND ARE MERELY MARKED AS “EXPUNGED” IN PUBLIC RECORDS. SIMILARLY, CLIENT UNDERSTANDS THAT EXPUNGEMENT OF A FELONY THAT RESULTED IN INJURY (INCLUDING PAIN) DOES NOT RESULT IN RECORDS BEING SEALED FROM PUBLIC VIEW AND SUCH RECORDS ARE STILL VIEWABLE BY THE PUBLIC AND ARE MERELY MARKED AS “EXPUNGED” IN PUBLIC RECORDS. IF CLIENT HAS A CDL, FEDERAL LAW PROHIBITS EXPUNGEMENT OF MANY DRIVING OFFENSES. CDL. IF CLIENT HAS A CDL, FEDERAL LAW PROHIBITS EXPUNGEMENT OF MANY DRIVING OFFENSES (INCLUDING OPERATING WHILE INTOXICATED). ALSO, CASES WITH LICENSE SUSPENSIONS GENERALLY CAN NOT BE FULLY EXPUNGED FROM A DRIVING RECORD. Expungement of a crime of domestic violence does not restore a person’s right to possess a firearm. Additionally, expungement is separate from appealing a denial of a request for a handgun license or appeal of denial of a purchase of a firearm. Additionally, case law and statutes regarding possession of firearms may change in the future and such hypothetical changes are difficult to predict. This contract does not include early expungement requests, expedited record clearance from private companies, immigration proceedings, hardship/SDP license, immigration proceedings, forfeiture proceedings, divorce proceedings, child custody proceedings, DCS hearings, release of property, pending criminal matters, civil protective order hearings, sentence modification, federal prosecution, modification of a hardship/SDP license, renewal of a hardship/SDP license, BMV or no insurance license suspensions, 1983 civil rights claims (including claims relating to inmate medical treatment), restoration of rights petitions, meetings with probation or diversion coordinators, civil lawsuits, licensing law or administrative law. CLIENT understands that if CLIENT is charged with a crime while this matter is pending, it will adversely affect the expungement. Client understands that expungement does NOT apply to civil matters (including infractions and administrative license suspensions). Client understands that expungement does NOT apply to civil matters (including infractions and administrative license suspensions). CLIENT understands that a Court can not order non Indiana agencies, foreign countries, or a private party to expunge records (for example, if a news story exists concerning a case, a Court can not order a news agency to take down an article). CLIENT understands that this contract concludes after obtaining expungement and that any additional time spent after obtaining a signed expungement order from the Court would be covered by a separate contact. CLIENT agrees not to be charged with any new crimes during the pendency of this matter. Client understands that Client must pay any outstanding fee, fines, restitution, or other court costs in order to have a case expunged. Although most costs associated with this matter are covered by the flat fee, the following costs are not covered by the flat fee: early expungement requests, expedited record clearance from private companies, the hiring of expert witnesses, the hiring of a court reporter, the hiring of a private investigator and/or process server, court filing fees, representation during violation hearings subsequent to the court’s acceptance of an agreement, representation during post conviction relief, and representation on appeal. Any payments shall be used to reduce what is owed in attorney’s fees prior to being counted towards a deposit for any additional costs. Whenever there are any costs not covered by the flat fee service, CLIENT agrees to pay SWINNEY a deposit toward the costs. CLIENT will be consulted before any additional expenses are incurred and reserves the right to decline such course of action. Client understands that telephone contact and text messaging should be kept to normal business hours. In the event of an Emergency, for phone calls or text messages sent on Saturday or Sunday at anytime, there shall be a fee of $500, due immediately. In the event of an Emergency, for phone calls or text messages sent on Monday to Friday after 5 PM or before 9 AM, there shall be a fee of $500, due immediately. CLIENT is encouraged to review this contract with an attorney other than SWINNEY prior to signing the contract or making any payments, especially if SWINNEY represents CLIENT on a separate legal matter. Client should seek advice of independent legal counsel before signing this contract. Client understands that Client will be given whatever period of time Client needs to seek independent legal counsel prior to signing. If CLIENT fails to make timely payments, or if client is charged with a new crime, SWINNEY reserves the option to request permission from the Court to withdraw from the representation of CLIENT. If SWINNEY initiates legal action against CLIENT for collection of fees or expenses owed by CLIENT to SWINNEY under the terms of this agreement, CLIENT agrees to pay the costs of said collection, including any costs for filing fees, costs for serving CLIENT, and the costs of a private investigator if one is needed to locate CLIENT or CLIENT’s assets. If the are multiple legal matters, payments shall go to older payments first. In the event of withdrawal, CLIENT agrees to compensate SWINNEY at a rate of $500 per hour for any time spent as part of the case, including travel. In the event the case is sent to collections, CLIENT agrees to compensate any attorney/firm/collections agency that is hired to assist the SWINNEY, also at a rate of $500 an hour, including travel. In the event that SWINNEY must withdraw prior to resolution of the case due to CLIENT’s failure to communicate with SWINNEY, or due to the client’s request that SWINNEY withdraw, or due to the hiring of another attorney, or due to CLIENT’s failure to make regular payments, or due to appointment of The Public Defender, or due to CLIENT wishing to take a course of action which CLIENT is unable to pay for, or due to Client being charged with a new crime, CLIENT will be charged at $500 an hour (including travel) and any unearned part of the flat fee will be returned to CLIENT. Time records shall be rounded up at 6 minute intervals. In the event that client fails to appear for court, SWINNEY may withdraw. In the event that higher charges are filed, any fees in this contract would double for each level that charges are increased. Payment would be due on the same dates as stated in this contract. In the event that higher level charges are filed and CLIENT is unable to pay this increased fee, SWINNEY may withdraw. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be Marion County, Indiana. Indiana law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payor waives the right to dispute this charge with a bank for claims of services not received by cardholder or other similar claim of non-service. Any court dates that must be repeated due to Client not appearing shall be an additional fee of $500, due immediately.