Foster, O’Daniel, Hambidge & Lynch

Evansville Attorneys

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Step-by-Step Guide: What to Do After an Arrest in Evansville, IN

If you’ve been arrested in Evansville, Indiana, the experience can be overwhelming and frightening. Understanding your rights and the immediate steps to take can make a significant difference in the outcome of your case. This guide provides a clear, step-by-step overview based on Indiana law and local procedures in Vanderburgh County. Remember, this is for informational purposes only and is not a substitute for professional legal advice. Contact a criminal defense attorney as soon as possible.

Step 1: Remain Calm and Exercise Your Rights

  • Stay composed: Panicking can lead to mistakes. Cooperate with officers by following basic instructions, but avoid resisting arrest, as this could result in additional charges.
  • Invoke your right to remain silent: You have the Miranda rights to not incriminate yourself. Politely state, “I choose to remain silent and would like to speak to an attorney.” Do not discuss the details of your arrest with police, even if they pressure you.
  • Ask if you’re free to leave: If not under arrest, clarify your status. If arrested, request to see the warrant unless it’s a warrantless arrest based on probable cause.

In Indiana, arrests without a warrant require a probable cause hearing within 72 hours, typically in Vanderburgh County courts.

Step 2: The Booking Process

  • Expect processing: You’ll be taken to the Vanderburgh County Jail for fingerprinting, photos (mugshot), and personal information collection. This can take 1-2 hours or longer.
  • Personal belongings: Items like your phone and wallet will be inventoried and stored. You may be allowed one phone call—use it wisely to contact a family member or attorney.
  • Medical check: If you have health issues, inform officers immediately.

Booking in Evansville follows standard Indiana procedures, ensuring your rights are read if not already done.

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Step 3: Bail and Release Options

  • Understand bail: A judge sets bail at your initial hearing (often within 48-72 hours). Factors include flight risk, crime severity, and criminal history.
  • Types of release: You might be released on your own recognizance (OR) if low-risk, or post cash/surety bond. In Evansville, bonds can be placed at the jail or through a bondsman.
  • If denied bail: For serious offenses, you may remain in custody until trial.

Consult an attorney to argue for low or no bail. In Vanderburgh County, missing court can lead to a bench warrant.

Step 4: Contact a Criminal Defense Attorney

  • Why immediately?: An experienced Evansville lawyer can review your case, negotiate bail, and start building a defense.
  • Free consultations: Many firms, like ours at FOH Law, offer initial advice. Avoid public defenders if you can afford private counsel for personalized attention.
  • Gather details: Note officer names, arrest circumstances, and any potential witnesses.

Hiring counsel early prevents self-incrimination and preserves evidence. Contact FOH&L

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Step 5: Prepare for Court Appearances

  • Initial hearing: This arraignment is where charges are read, and you enter a plea (not guilty recommended initially).
  • Follow-up steps: Attend all hearings, comply with release conditions (e.g., no contact with victims), and collect evidence like alibis.
  • Long-term tips: Avoid social media posts about the case, and seek support from family or counseling.

Indiana Rules of Criminal Procedure
In Indiana, the process from arrest to trial follows strict timelines under the Rules of Criminal Procedure.

Common Mistakes to Avoid

  • Talking to police without a lawyer.
  • Ignoring court dates.
  • Violating release terms, which could lead to re-arrest.

By following these steps, you protect your rights and position yourself for the best possible outcome. For personalized help with your arrest in Evansville, contact us at FOHL Law today.

Contact Us

Give us a call at (812) 424-8101 or fill out the form below for a free case evaluation.

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    Contact Information

    • Foster, O’Daniel, Hambidge & Lynch
    • 3820 Oak Hill Rd
    • Evansville, IN 47711
    • Office: (812) 424-8101
    • Fax: (812) 437-8364

    Practice Areas

    • DUI & OWI
    • Criminal Defense
    • Expungement & Specialized Driving Privileges
    • Divorce & Family Law
    • Estate Planning
    • Personal Injury
    • Business Law

    Hours Of Operation

    • Monday: 8:00 am - 4:30 pm
    • Tuesday: 8:00 am - 4:30 pm
    • Wednesday: 8:00 am - 4:30 pm
    • Thursday: 8:00 am - 4:30 pm
    • Friday: 8:00 am - 4:30 pm
    • Saturday & Sunday: Closed
    • And By Appointment

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