Criminal Defense FAQ
Noblesville Criminal Defense Attorneys
What should I do if I am ever arrested?
Remember that, according to the Miranda rights, that you have the right
to remain silent. This means you do not have to say anything to the police
that will lead to your incrimination, so please keep that in mind during
the process. According to the 5th amendment of the constitution, you do
not have to answer any questions the police ask, especially after being
arrested. You also have the right to a lawyer and should seek the help
of an attorney as soon as you can. Let a criminal defense lawyer do the
talking for you-we have extensive training on the right things to do and
say even while an investigation is pending before you are arrested. Talk
to us first. Our help can be invaluable to you at this time. Contact us
if you need assistance.
What does it mean to be a Board Certified Criminal Law Specialist?
Rule 7.4. of the Indiana Rules of Professional Conduct provides direction
for any lawyer who wants to become a “specialist” in an area of law:
A lawyer shall not state or imply that the lawyer is a specialist in a
particular field of law, unless:
- The lawyer has been certified as a specialist by an Independent Certifying
Organization accredited by the Indiana Commission for Continuing Legal
Education pursuant to Admission and Discipline Rule 30; and,
- The certifying organization is identified in the communication.
In order to become board certified in Indiana as a “Criminal Law
Specialist” it requires that the attorney meet the criteria of the
National Board of Trial Advocacy. The criteria to become board certified
by the National Board of Trial Advocacy are rigorous. Only those attorneys
who dedicate a high percentage of their practice to criminal defense,
and who have acquired a high number of days in trial, will be even considered.
Even then, the candidate must pass a difficult day-long test that is put
together by some of the finest criminal lawyers in the nation. Not everyone
passes this test, as failing the test is not infrequent. Even if the candidate
passes the test, judges and other attorneys must provide confidential
assessments of the attorneys skill-level and abilities in the area of
criminal law to the National Board of Trial Advocacy.
Becoming a Board Certified Criminal Law Specialist is so difficult, and
requires such a dedication to criminal law, that of the over 15,000 licensed
lawyers in the state of Indiana, only 4 exist that hold that title. All
of them — Andy Baldwin, Mark Kamish, and Kathie Perry — work
in our law firm for the Criminal Defense Team of Baldwin Perry & Kamish,
PC, and collectively have been board certified for over 5 years.”*
*Andrew Baldwin, Mark Kamish, and Kathie Perry are recognized as Board
Certified Criminal Trial Advocates by the National Board of Trial Advocacy
What is the difference between felony and misdemeanor charges?
The state of Indiana categorizes all criminal charges by level of severity,
including the total value of stolen property, who, if anyone, was injured,
if weapons were involved in a crime, if you have prior convictions, and
a number of other factors.
Felony charges are more severe and therefore carry higher potential penalties, including
harsh prison sentences and high fines.
Misdemeanors, on the other hand, can yield 60 days in jail and a fine of up to $500
for the least serious, or class C, offenses.
What are civil rights offenses?
When you’ve been arrested, your
civil rights can be violated by unscrupulous or negligent officials. This includes police brutality,
negligent medical professionals, invasion of privacy or violations of
due process during an investigation, or injuries that can occur from an
arrest. When your rights have been violated, it’s important you
seek representation from our Franklin criminal defense lawyers. We have
represented clients on civil rights cases all over southern and south-central Indiana.
Can I get my criminal record sealed?
Certain offenses or convictions can cause a permanent mark on your criminal
record. This can follow you around for years, affecting your future employment,
housing, and education, as well as affecting your reputation. The
expungement process can be used to seal your record from background searches and other public
records. After one year has passed from the date of your conviction, you
may be able to have certain crimes expunged from your record as if they
legally did not happen. In other cases it may take as long as five years
or more to seal a record. In some cases, the law does not allow a record
to be sealed. Contact our firm for a free consultation so that we can
help you determine if you are eligible to have your records sealed.
How much do you charge?
First of all, our initial consultation is always free. You may be able
to learn quite a bit about your case and how we would defend it and what
type of results you might expect from our consultation, because we spend
as much time as necessary to discuss your case before you make a decision
to hire us. Hiring a criminal defense lawyer who is essentially in charge
of a major part of your life and perhaps your freedom is a huge decision.
We are happy to talk to you in our office or on the phone so you can make
that decision with as much information as possible. Once you indicate
that you have a desire to hire us, we will discuss cost. Our prices vary
depending on a variety of factors. We charge a flat-fee, which means you
will be given a quote that will be determined by our firm. Once you agree
to pay this fee, there will be no further charges beyond the agreed-upon
amount. You can pay upfront or in certain situations, we may agree on
a payment plan that will usually require a substantial portion of the
overall fee to be paid upfront (usually at least 50% of the fee) then
we can usually work out a payment plan on the remaining balance. Factors
that influence the price include how severe your charges are, how complex
the case is, the number of pending charges, how urgent the matter is,
the amount of investigation needed, prior criminal history, as well as
a variety of other factors. When you hire our firm, the Criminal Defense
Team of Baldwin Perry & Kamish, PC, you are primarily paying for our
reputation as criminal defense lawyers and trial lawyers. You are also
paying for our time, experience, knowledge and know-how. To speak with
our lawyers about using our services, contact us. The case evaluation
is always free.
Can you get my charges dismissed and if not, what kind of outcome can I expect?
No attorney can predict the future. If you are interviewing a lawyer who
promises you any outcome, we suggest you run out of his/her office as
that is unethical and should not be tolerated. It most likely means that
they simply want your money and will promise you a sunny day in order
to get your money. It is not uncommon for our firm to have criminal charges,
ranging from misdemeanors to felonies dismissed, and perhaps your case
can be dismissed as well. However, statistically speaking it is unlikely
that your case will be dismissed. Every case is different and every outcome
may be different. In our firm we are willing to give you an idea of a
range of likely outcomes based upon the facts of your case, as well as
the charge itself, the particular court you may be in and the prosecutor
you may be dealing with. We think that part of what we get paid to do
is to use our vast experience to provide you guidance on what you are
really facing. We won’t lie to you and offer you a sunny day if
there are clouds in the sky, nor will we frighten you into taking a plea
agreement just to get the case over with, if we believe that you should
continue to fight for a dismissal, a better plea or a win at trial. Ultimately,
while the case is pending we will tell you what we think is the likely
outcome at various stages. Our opinion on those outcomes may change as
the evidence rolls in or as the case progresses. We cannot promise what
will happen, but may provide at least a pretty good idea of what is likely
to happen based upon our vast experience. Our predictions of the outcome
of a client’s case rarely fall outside the range that we predict
and provide for the client. This is because our lawyers have done this
for so long that we have a very good idea about what the outcome may be.
Some cases are so strange or have so many variables that we just don’t
know or have a good feel for the outcome. If this is the case, we will
tell you. No matter the case, if you've been charged with a criminal
act, you need to seek legal help immediately and we will give you our
thoughts. We are here to help you, so call (888) 988-5659 as soon as you can.
What about a public defender?
A public defender is a state-appointed attorney that comes to your aid
if you are charged with a crime and cannot afford to hire an attorney.
Often, public defenders get a bad name. However, just like anything else,
there are good public defenders and bad public defenders. In our opinion,
there are also good private lawyers and bad private lawyers. If you are
accused of a crime and want the best attorney or team of attorneys to
represent you, then you should look into the credentials of the lawyer
or law firm. How many cases do they fight to trial? How long have they
been practicing? Do they work as a team? These are a few of the questions
that you should be finding the answers to. Hiring the right lawyer to
take care of your case is of monumental importance. Few lawyers in the
state of Indiana have the experience, skill, and knowledge to match up
to our team of lawyers, whether they are public defenders or private lawyers.
If you have any other questions or if you are ready to share the details
of your case with us, please call our Noblesville criminal defense lawyers
at (888) 988-5659 to schedule your
free case review.