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Indiana Criminal Law Concepts for Victims or Essential Witnesses Prepared by: Andre Miksha Chief Deputy Prosecuting Attorney 24 th Judicial Circuit (Hamilton.

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Presentation on theme: "Indiana Criminal Law Concepts for Victims or Essential Witnesses Prepared by: Andre Miksha Chief Deputy Prosecuting Attorney 24 th Judicial Circuit (Hamilton."— Presentation transcript:

1 Indiana Criminal Law Concepts for Victims or Essential Witnesses Prepared by: Andre Miksha Chief Deputy Prosecuting Attorney 24 th Judicial Circuit (Hamilton County) One Hamilton County Square, Suite 134 Noblesville, Indiana 46060 Last Updated: September 3, 2014

2 Table of Contents Terms The Process of a Criminal Case Punishments for Class D – A Felonies Punishments for Level 6 – 1 Felonies Plea Agreements Hamilton County Prosecuting Attorney’s Office Exit

3 Table of Contents: Terms Terms discussed: –Advisory, Maximum, & Minimum –Consecutive & ConcurrentConsecutive & Concurrent –Executed & SuspendedExecuted & Suspended –ProbationProbation –Non-SuspendibleNon-Suspendible –Placement (IDOC, WR, & HD)Placement (IDOC, WR, & HD) –CreditsCredits –Argued Open, Caps, & StipulatedArgued Open, Caps, & Stipulated

4 Terms: Terms: Sentencing Range Set by Indiana statutes Advisory sentence –The “average” point with aggravating (bad) or mitigating (good) circumstances balancing each other out. Maximum sentence –The highest possible sentence Minimum sentence –The lowest possible sentence

5 Terms: Terms: Consecutive & Concurrent If multiple sentences (separate charges) are imposed, they may be consecutive or concurrent to each other Consecutive –One after another Concurrent –At the same time

6 Terms: Terms: Executed & Suspended Executed –The terms of the sentence that are served upon sentencing Suspended –The terms of the sentence that are not served immediately but, instead, hang over the Defendant’s head over during a period of probation. The suspended sentence can be later executed when probation is violated.

7 Terms: Terms: Probation Probation –The Defendant is ordered to follow certain conditions set forth by the Court, under the supervision of a probation officer, for a specific period of time. –Standard conditions of probation include: Submission to drug testing and being clean Not committing any additional crime –Conditions may include: Treatment and counseling Payment of restitution

8 Terms: Terms: Non-Suspendible Non-Suspendible –Situations in which the minimum sentence may not be suspended by the Court –The minimum sentence must be executed

9 Terms: Terms: Placement Types of Placement: –Indiana Department of Correction (IDOC) Prison –Work Release (WR) Live in the corrections center Released to go to job or school according to schedule –Home Detention with Electronic Monitoring (HD) Live at home Electronic bracelet monitors their presence at home

10 Terms: Terms: Actual-Time Credit Actual-time credit –Credit is applied against the sentence for the days served in jail while held pending trial for that offense –Also earned in IDOC (prison), WR, and HD See Good-Time CreditGood-Time Credit

11 Terms: Terms: Good-Time Credit for offenses committed before July 1, 2014 Good-time credit –Earn another 1 day of credit to be applied against the sentence for each day served in jail while held pending trial for that offense –Also earned in IDOC (prison), WR, and HD –Example: 2-year sentence in IDOC or WR would be served after 1 actual year 1 year of actual-time credit + 1 year of good-time credit

12 Terms: Terms: Good-Time Credit for Level 1-5 Felonies committed after June 30, 2014 Good-time credit for Level 1-5 Felonies –Earn another 1 day of credit to be applied against the sentence for every three (3) days served in jail while held pending trial for that offense –Also earned in IDOC (prison), WR, and HD –Example: 4-year sentence in IDOC or WR would be served after 3 actual years 3 years of actual-time credit + 1 year of good-time credit

13 Terms: Terms: Good-Time Credit for misdemeanors and Level 6 Felonies committed after June 30, 2014 Good-time credit –Earn another 1 day of credit to be applied against the sentence for each day served in jail while held pending trial for that offense –Also earned in IDOC (prison), WR, and HD –Example: 2-year sentence in IDOC or WR would be served after 1 actual year 1 year of actual-time credit + 1 year of good-time credit

14 Terms: Terms: Argued Open, Caps, & Stipulated Argued Open –The Court is not limited by the parties –Only limited by the statutory maximums and minimums Caps –The parties argue to the Court –Court may not impose a sentence greater than a certain amount agreed-to by the parties Stipulated –The parties agree upon all the terms –The Court has no discretion to impose anything but that sentence.

15 The Process Charging Bail Pre-trial Trial / Guilty Plea Sentencing

16 The Process: The Process: Charging The State (the Prosecuting Attorney’s Office) files documents with the Court: –Charging Information Formally declares the charges Establishes the elements (facts the State must prove beyond a reasonable doubt) –Probable Cause Affidavit Details why the State believes the Defendant committed the charged offense(s) Signed under oath by an officer Provides a basis for the arrest

17 The Process: The Process: Bail / Bond Defendants may be released from jail upon the posting of property (usually money) to ensure future appearance in Court –State makes recommendation to the Court Ultimately controlled by the Court Court establishes a dollar amount –Conditions may be imposed No-contact with victims, etc. –May be “cash” or “surety” Cash => Individual posts the full amount. Is refunded (minus certain fees) at the conclusion of the case. Surety => Bondsman is paid 10% and posts the bail required by the Court –Example: $5,000 bond is posted by a bondsman who is paid $500 by the Defendant. The 10% is non-refundable.

18 The Process: The Process: Pre-Trial Once charges are filed and the Defendant is arrested … –Initial Hearing Formally read the charges Trial dates are set by the Court Attorney may be appointed for the Defendant –Discovery The process by which the State and the Defendant share the information gathered May include a deposition (sworn examination) of witnesses

19 The Process: The Process: Pre-Trial –Pre-trial conferences Meeting between the State and Defense –May be in front of a Judge or held informally Discuss discovery –Determine whether the Court needs to get involved Discuss the pending trial date. Options include: –Confirm for trial –Delay (“continue”) the trial for more discovery / negotiations –Set the case for a hearing at which the Defendant will plead guilty to some or all of the charges

20 The Process: The Process: Pre-Trial –Timeline – Criminal Rule 4 Not counting delays caused by the Defendant or the Court, the Defendant have the trial within ____ days of their arrest: –365 days if released (out on bond) –180 days if held in jail on these charges –70 days if held in jail on these charges and the Defendant has invoked their “Speedy Trial” right

21 The Process: The Process: Trial / Guilty Plea Jury Trial –Defendant’s right to have case heard by a jury –A jury determines guilt only Does not determine the punishment or sentence –Comprised of 12 residents of county –Unanimous decision required –Human factors often come into play Bench Trial –A Judge hears the evidence and determines guilt

22 The Process: The Process: Trial / Guilty Plea Burden of Proof –Beyond a Reasonable Doubt Not beyond all doubt A very high standard Rules of Evidence control what the fact finder (jury or judge) may hear

23 The Process: The Process: Trial / Guilty Plea Guilty Plea –Defendant may enter a plea of guilty to a charge May be with an agreement with the State Sentencing date will be set

24 The Process: The Process: Sentencing The Judge sentences (not the jury) –Discretion is controlled by: Indiana state law (statutes) Plea agreement, if present A pre-sentence investigation (PSI) report will be prepared by the Probation Department –A “This Is Your Life” document detailing: Criminal history, Family, Employment Physical health / mental health / substance abuse –Aids the Court to understand who it is sentencing

25 Felony Punishments for offenses committed before July 1, 2014 Class D FelonyD Class C FelonyC Class B FelonyB Class A FelonyA Murder

26 Class D Felony 1½ years ½ year 3 years Advisory Maximum Minimum Offenses committed before 7/1/2014

27 Class C Felony 4 years 2 years 8 years Advisory Maximum Minimum Offenses committed before 7/1/2014

28 Class B Felony 10 years 6 years 20 years Advisory Maximum Minimum Offenses committed before 7/1/2014

29 Class A Felony 30 years 20 years 50 years Advisory Maximum Minimum Offenses committed before 7/1/2014

30 Murder 55 years 45 years 65 years Advisory Maximum Minimum Offenses committed before 7/1/2014

31 Capital Murder 55 years 45 years 65 years Advisory Maximum Minimum ∞ Life Without Parole Life Without Parole Death Require Additional Findings Findings Offenses committed before 7/1/2014

32 Felony Punishments for offenses committed after June 30, 2014 Level 6 Felony6 Level 5 Felony5 Level 4 Felony4 Level 3 Felony3 Level 2 Felony2 Level 1 Felony1 Murder

33 Level 6 Felony 1 year ½ year 2 ½ years Advisory Maximum Minimum Offenses committed after 6/30/2014

34 Level 5 Felony 2 years 1 year 6 years Advisory Maximum Minimum Offenses committed after 6/30/2014

35 Level 4 Felony 6 years 2 years 12 years Advisory Maximum Minimum Offenses committed after 6/30/2014

36 Level 3 Felony 9 years 3 years 16 years Advisory Maximum Minimum Offenses committed after 6/30/2014

37 Level 2 Felony 17 ½ years 10 years 30 years Advisory Maximum Minimum Offenses committed after 6/30/2014

38 Level 1 Felony 30 years 20 years 40 years Advisory Maximum Minimum Offenses committed after 6/30/2014

39 Murder 55 years 45 years 65 years Advisory Maximum Minimum Offenses committed before 7/1/2014

40 Capital Murder 55 years 45 years 65 years Advisory Maximum Minimum ∞ Life Without Parole Life Without Parole Death Require Additional Findings Findings Offenses committed before 7/1/2014

41 Death Penalty & Life Imprisonment Must prove to the fact-finder (jury) at least one: –The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following: arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, robbery, carjacking, criminal gang activity, dealing in cocaine or a narcotic drug. –Detonation of an explosive with intent to injure person or damage property –Lying in wait. –Hired to kill. –Hiring another person to kill. –The victim of the murder was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer, fireman, judge, or law enforcement officer, and either: (A) the victim was acting in the course of duty; or (B) the murder was motivated by an act the victim performed while acting in the course of duty. –Defendant has been convicted of another murder. –Defendant has committed another murder, at any time, regardless of whether the defendant has been convicted of that other murder. – … [continued on next page]

42 Death Penalty & Life Imprisonment [continued]: –Defendant was under the custody of the department of correction; under the custody of a county sheriff; on probation after receiving a sentence for the commission of a felony; or on parole at the time the murder was committed. –Defendant dismembered the victim. –Defendant burned, mutilated, or tortured the victim while the victim was alive. –Victim of the murder was less than twelve (12) years of age. –Victim was a victim of any of the following offenses for which the defendant was convicted: battery as a Class D or C felony; kidnapping; criminal confinement ; or a sex crime –Victim of the murder was listed by the state or known by the defendant to be a witness against the defendant and the defendant committed the murder with the intent to prevent the person from testifying. –Intentionally discharging a firearm into an inhabited dwelling; or from a vehicle. –Victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability

43 Plea Agreements & Sentencing An agreement between the State and Defendant –Negotiated by the Deputy Prosecutor and the Defense Counsel –Court later accepts or rejects the agreement as submitted to it Generally discusses and determines the … –Charges to be resolved by means of: Plea of guilty Dismissed –Sentence to be imposed on the guilty charges

44 Plea Agreements & Sentencing Many sentencing options are available for discussion: –How the sentence will be determined: Argued open to the CourtArgued open Argued with a cap to the Court, orArgued with a cap Completely stipulatedstipulated –How large the imposed sentence will be Whether any or all of the sentence will be executedexecuted Whether any or all of the sentence will be suspendedsuspended –Probation: How long and any special termsProbation –How the sentence will be served (“placement”)placement Prison, work release, home detention, or some combination thereofPrisonwork releasehome detention

45 Plea Agreements & Sentencing Other factors include: –Consecutive or concurrent sentence situations:Consecutive concurrent Multiple charges Other pending sentences –Must run consecutively to the other case if committed while on bond or probation on that other case –Non-Suspendible situationsNon-Suspendible Defendant has a prior felony within a certain period of time Certain offense are also non-suspendible by law –Jail credit Defendant will receive actual-time and good-time credits for days served in jail awaiting trial and/or sentencingactual-time good-time

46 Hamilton County Prosecutor’s Office 317-776-8595 Track case status at: – http://mycase.in.govhttp://mycase.in.gov – Cause number is comprised of (example): 29 – Hamilton County D01 – Superior Court 1 1405 – Filed in May (Month 05) of 2014 FC – Lead charge is a Class C Felony 327 – a sequential number unique to this case Exit


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