What Should I Do If I Get Arrested in Indiana?

After an arrest in Indiana, a person may be booked into jail, released under conditions, or brought before a court. The rights surrounding police questioning and searches depend on what occurred, and an arrest does not necessarily mean that formal charges have been filed. An Indiana criminal defense attorney can review the arrest, any court orders, and the filing status to explain what applies to a particular case.

An arrest can raise immediate questions for the person arrested and their family. What happens next may differ by county, the alleged offense, the type of arrest, and whether the prosecutor files a criminal case. Here is an overview of the process in Indianapolis and throughout Indiana.

What happens during an arrest in Indiana?

An officer may take a person into custody under a warrant or make an arrest without a warrant when the law permits it. Booking can involve collecting identifying information, fingerprints, photographs, and personal property. The reason for the arrest, what officers observed, and any statements or searches may later become important to the case. An arrest itself is an allegation, not a conviction.

What does the right to remain silent mean after an arrest?

The right to remain silent concerns questions about suspected criminal conduct. Routine requests for identifying information during booking are different from an interview about the alleged offense. A person may clearly state that they wish to remain silent and speak with a lawyer. The legal effect of a conversation depends on its circumstances, including whether the person was in custody and whether officers were interrogating them.

The U.S. Supreme Court has held that simply sitting silently through questioning may not clearly invoke the right to end questioning. See Berghuis v. Thompkins, 560 U.S. 370 (2010). Brinkley Law can assess any statements made before or after an arrest.

Can police search someone after an arrest?

Consent is one possible basis for a search, but police may also rely on a warrant or a recognized exception to the warrant requirement. The rules can differ for a person, vehicle, home, or phone. Whether a particular search was lawful depends on its facts and scope. Brinkley Law can examine those details when reviewing the evidence.

Are conversations and online posts relevant after an arrest?

They can be. Calls from jail to people other than an attorney may be recorded or monitored, and messages or public posts may become evidence. Texts, photographs, videos, receipts, and other records may also bear on the allegations. The treatment of a particular communication or record depends on the facts and applicable law.

How are release and bond decided in Indiana?

Depending on the circumstances, a court may impose conditions of release, require money bail, or release a person without money bail. Conditions can include a no-contact order or a requirement to appear at future hearings. The written order and hearing notice determine the obligations in an individual case. Indiana Criminal Rule 2.6 addresses pretrial release.

An operating-while-intoxicated (OWI) arrest may also involve a license notice, chemical test issue, or suspension. Driving-privilege questions can arise separately from the criminal charge. See the Indiana Judicial Branch’s driving privileges guidance.

What evidence might matter to a defense lawyer?

Depending on the allegations, relevant information may include a timeline of the encounter, officer and witness identities, body-camera footage, nearby surveillance video, messages, photographs, receipts, and court or release paperwork. Brinkley Law can determine what is available, what should be preserved, and how it relates to the State’s allegations.

What happens at an Indiana initial hearing?

If charges are filed, an initial hearing is generally where the court advises the defendant of applicable rights and deadlines. Under Indiana Criminal Rule 2.3, the court ordinarily enters a preliminary not-guilty plea unless the defendant enters a different plea. An initial hearing is not a trial or a final determination of guilt. Its timing and other procedures depend on the case and the court.

Common questions after an Indiana arrest

Do the police have to read me my Miranda rights as soon as I am arrested?

No. Miranda warnings concern custodial interrogation; an officer does not have to read them simply because an arrest occurred. A warning issue may affect whether a statement can be used, but it does not automatically dismiss the charges. The right to remain silent can be invoked even if an officer has not read the warnings. See Miranda v. Arizona, 384 U.S. 436 (1966).

Do Indiana prosecutors have to file charges within 48 or 72 hours?

The deadline for judicial review of continued detention differs from a deadline for filing charges. After a warrantless arrest followed by continued custody, a judge generally must make a prompt probable-cause determination; the U.S. Supreme Court uses a 48-hour framework, subject to the circumstances and extraordinary exceptions. That rule is not a universal 48-hour deadline to file charges, and an alleged delay does not automatically end a future case. See County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

What if I am released and no charges appear on the court docket?

Release without charges being filed is not necessarily a final decision by the prosecutor. In Indiana, a criminal case begins with a filed charging information or indictment under Criminal Rule 2.1. A person’s arrest paperwork, any existing court order, and the docket can help counsel determine the case’s status.

Can a family member contact a lawyer after an arrest?

Yes. Family members often contact an attorney and provide the person’s name, place of custody, approximate time of arrest, and any available booking or court information. Brinkley Law can explain what information is needed to review the matter.

Arrested in Indianapolis or elsewhere in Indiana? Contact Brinkley Law at 317-766-1379.

Brinkley Law is based in Indiana and handles OWI, drug, and other criminal matters in Indiana. Attorney Sarah Brinkley is a former Indiana deputy prosecutor. For questions about a specific arrest, the firm can be reached at 317-766-1379. A case review can address the filing status, release conditions, and legal issues raised by the facts.

This article provides general information about Indiana law and is not legal advice for a specific case. Contacting the firm does not create an attorney-client relationship unless the firm accepts the case and a fee agreement is signed.