Carmel Dealing Causing Death Lawyer
Carmel Dealing Causing Death Attorney
Few charges in Indiana come with such high stakes as allegations related to an overdose death. If you’re looking into dealing causing death cases because you’re involved in an arrest or investigation, you should know the ins and outs. Dealing causing death charges are some of the most serious felonies under Indiana law, and a Carmel dealing causing death lawyer can help you in the legal process.
There are common misconceptions about how these cases unfold, however, and many individuals fail to appreciate the complex legal issues at stake. Simply put, a dealing causing death case isn’t about drugs. The core of the matter rests on proving causation, establishing intent, and demonstrating a concrete link between a drug delivery and a fatality, to the satisfaction of the court.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. serves clients throughout Indiana and is ready to defend you in Carmel and anywhere else in Hamilton County. There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five work here. That means every client benefits from the experience and knowledge of multiple attorneys with a distinguished record in criminal law.
The Criminal Defense Team has over 100 years of collective experience defending against criminal charges. No case is too big or small for our team. Each case is staffed by at least two attorneys and a paralegal. Our lawyers have extensive experience reviewing digital evidence, poring over forensic lab reports, and analyzing complex medical records.
The firm also has resources to handle large discovery packets, including phone and computer extractions, as well as complex lab reports. The team even has former prosecutors who understand how the State tries cases. They previously charged and tried serious felonies, including homicide cases. Clients benefit from team strategy meetings and a 24/7 lawyer on-call system for after-hours inquiries.
Understanding Indiana’s Dealing Causing Death Laws
Indiana’s dealing causing death statute is Indiana Code 35-42-1-1.5. A dealing causing death charge can be filed by the prosecutor when they believe a person provided a controlled substance that ultimately led to a fatality.
Dealing causing death is a Level 1 felony and exposes defendants to a sentencing range of 20 to 40 years, with an advisory sentence of 30 years. For that reason, these cases should be treated like any other high-level felony matter. Beyond the required elements above, the State must prove each element beyond a reasonable doubt:
- The defendant knowingly or purposefully supplied a drug
- The victim ingested or received the substance into his or her body; and
- The consumption or injection of that substance was the proximate cause of death
Unlike some drug felony charges, dealing causing death requires the state to prove causation. A victim’s toxicology report may show traces of multiple drugs. It should also be analyzed whether the victim had a preexisting condition or if someone else could have supplied the drugs. A Carmel dealing causing death attorney can help you analyze these possibilities.
How a Dealing Causing Death Case Develops
In Indiana, there were 34.2 per 1000,000 population drug overdose deaths in a given year. In 2023, there were 107,543 fatal overdoses of drugs in the United States, which is a 3% drop from the 111,029 deaths that were estimated in 2022.
Dealing with death investigations often starts with digital evidence. Police investigators will examine the deceased’s phone, scrutinizing texts, social media, and payment app histories. Investigators often secure search warrants for phones, homes, and computers. Typical evidence used in dealing with death investigations includes:
- Witness statements
- Phone extraction reports / text messages
- Toxicology report and autopsy report
- Digital surveillance or dashcam video
- Bank records / Transaction history
Every piece of evidence must be independently authenticated, preserved, and cataloged. Police interrogations and interviews must follow procedural rules. At The Criminal Defense Team, we know how to analyze this evidence and identify any infringement on your rights.
The Local Court Process
Felony cases in Carmel are heard at the Hamilton County Judicial Center located at 1 Hamilton County Square, Noblesville, IN 46060. Our team can help explain the complicated court procedures specific to the Hamilton County Judicial Center. Depending on the circumstances of the arrest, defendants will often have an initial hearing followed by a bond hearing and pretrial meetings. From there, cases are set on a path toward trial or dismissal.
Dealing causing death is a Level 1 felony in Indiana. Cases always involve pretrial litigation, including motions to suppress evidence, challenges to the validity of search warrants, and requests for witnesses. Dealing causing death cases can take months to reach these stages.
Hire a Dealing Causing Death Lawyer
Figuring out when to hire a dealing causing death lawyer is crucial. While everyone has that right from the moment they are arrested, the decision often comes down to what’s at stake and what evidence the state has against you. Cases that involve a dealing causing death charge are highly technical. They require an in-depth knowledge of criminal statutes, Indiana constitutional law, and forensic science.
The first thing a skilled Carmel dealing causing death lawyer can do is assess the evidence the state has. Your attorney can look at the search warrants, police reports, and interrogation transcripts to determine if your rights were violated. Your attorney can discuss the evidence with you and explain Indiana causation standards.
Contact The Criminal Defense Team
Dealing causing death is one of the most serious charges that a person can face in Hamilton County. Not only do these cases involve complex legal concepts and substantial prison exposure, but they also affect families who are grieving the loss of their loved ones. As a result, it’s important to know your rights if your case involves an alleged overdose death.
The Criminal Defense Team has extensive experience litigating serious felony cases in Hamilton County. We offer our clients high-quality legal representation at every stage of the process. From initial investigations to trial, each case is handled by at least two lawyers and a paralegal.
Our legal team brings extensive courtroom experience, with some members having previously served as prosecutors. Five of the six total Board-Certified* Criminal Trial Specialists in Indiana are with The Criminal Defense Team. If you’ve been accused of dealing causing death in Carmel, you need knowledgeable and compassionate counsel on your side. Contact us today for a consultation.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.