Hamilton County Criminal Defense Lawyer

At Capofari Law, LLC, we provide a range of legal services aligned with the needs of our clients. When you hire us, you will always receive one-on-one client attention and representation that helps you get the best outcome for your legal situation. If you need an attorney in Indiana, contact us at 317-203-9206 to schedule a free consultation and get the advice and representation you need.

Criminal Defense

If you have been charged with a crime, you may feel like you have nowhere to turn. Peter Capofari believes that each and every accused person deserves a strong defense. We will thoroughly investigate your case and take all measures to uphold your Constitutional rights. We persevere to render the best outcome in your case, and sometimes that means proving your innocence while other times it means settling for a well-negotiated plea deal. Whichever outcome is right for you, we work hard to make that happen.

If you have been charged with Operating a Vehicle While Intoxicated or Drunk Driving Offenses, Habitual Violator of Traffic Laws or HTV, Battery Offenses, Domestic Battery, Drug Crimes including Possession of Cocaine or Narcotic Drug, Possession of Methamphetamine, Possession of a Controlled Substance, Possession of Marijuana, Dealing Offenses including Dealing in Marijuana, Dealing in Cocaine or Narcotic Drug, Dealing in Methamphetamine, Gun Crimes, Sex Crimes including Rape, Child Molesting, and Sexual Battery, Theft Crimes including Theft, Conversion, Burglary, Robbery, Dealing in a Controlled Substance Causing Death, Voluntary Manslaughter, Involuntary Manslaughter, Reckless Homicide, Attempted Murder, Murder, make sure that you hire an experienced trial attorney who is both compassionate and aggressive.

Operating a Vehicle While Intoxicated IC 9-30-5

Have you been charged with Drunk Driving or Operating a Vehicle While Intoxicated? Being charged with a crime is not what defines you, it is how you respond. Even a charge of a class A misdemeanor Operating a Vehicle While Intoxicated can have significant ramifications.

It is important to act quickly and to find legal representation. When you are charged with Operating a Vehicle While Intoxicated, a Judge has found probable cause that you committed this offense and “shall recommend immediate suspension of driving privileges.” IC 9-30-6-8. But you may be able to avoid an immediate suspension with the installation of an ignition interlock device.

Pursuant to IC 9-30-6-8(d):

If it is determined under subsection (a) that there is probable cause to believe that a person violated IC 9-30-5, the court may, as an alternative to any suspension of the person’s driving privileges under subsection (c), issue an order recommending that the person be prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. This subsection applies even if the probable cause affidavit in subsection (b) states that the person:

(1) refused to submit to a chemical test; or

(2) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated.

The order remains in effect until the bureau is notified by a court that the criminal charges against the person have been resolved. When the court issues an order under this subsection, no administrative suspension is imposed by the bureau and no suspension is noted on the person’s driving record.

Capofari Law, LLC is able to file the necessary documents in order to keep you driving while we fight your case.

Battery Offenses IC 35-42-2

Have you been charged with a Battery Offense? Battery can range from as low as a class B misdemeanor offense to a Level 2 felony. Battery as a Class B misdemeanor is defined in Indiana as person who knowingly or intentionally:

(1) touches another person in a rude, insolent, or angry manner; or

(2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person.

Every case is different and the exact defense will rely on the specific facts of your case. It is extremely important that you hire an attorney who will listen to you and incorporate all of the facts into your defense.

Self-Defense can be used as a defense to a charge of Battery. In Indiana you have the right to defend yourself and third parties from physical harm and crime. Under Indiana Criminal Code 35-41-3-2 Use of Force to Protect Person or Property,

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

(d) A person:

(1) is justified in using reasonable force, including deadly force, against any other person; and

(2) does not have a duty to retreat;

if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.

Sometimes self-defense is an excellent defense to a criminal charge of Battery. When selecting an attorney, make sure that he or she will complete a thorough review of all of the facts, including your perspective. A lot of criminal charges of Battery are one sided version of events, at Capofari Law, LLC we will make sure that your side of the story is revealed.

Domestic Battery IC 35-42-2-1.3

Domestic Battery in Indiana is another crime that can range in severity from a class A misdemeanor to a Level 2 felony depending on the specific circumstances. But unlike Battery, a Domestic Battery conviction can have long lasting consequences. In Indiana, pursuant to I.C. 35-47-4-7 Persons prohibited from possessing a firearm; restoration of right to possess a firearm, a person convicted of a crime of domestic violence may not possess a firearm. The loss of your 2nd Amendment right includes a conviction for a class A misdemeanor domestic battery.

Arguments and heated discussions happen all of the time. If you are charged with Domestic Battery you need an attorney who understands the long term implications of a domestic battery conviction and someone who will not rest until the case is satisfactorily resolved either through trial or if needed, a plea agreement.

Habitual Violator of Traffic Laws IC 9-30-10

Have you been accused of operating a motor vehicle while being a Habitual Traffic Violator? Capofari Law, LLC will provide you with a complete understanding of the future consequences of accepting any plea offer. Often times people do not fully appreciate the consequences of accepting a plea offer which can have long lasting effects in the future, especially with driving offenses. Capofari Law, LLC will provide you a complete and overall understanding of what the plea offer means and what impact it will have on your future driving privileges.

Drug Crimes

Possession of Cocaine or Narcotic Drug, Possession of Methamphetamine, Possession of a Controlled Substance, Possession of Marijuana

Have you been charged with a felony possession of cocaine, methamphetamine, or a controlled substance? One of the first things to explore when charged with a possession crime is how did you come into contact with law enforcement. Was your 4th Amendment right to be free from illegal searches and seizures violated? Is there dash cam video of your alleged traffic violation that corroborates the officer’s reason for the stop?

When charged with a drug crime you need an attorney who will examine every detail of your arrest from your initial contact with law enforcement to the time that you are booked into jail. With over fifteen years of experience in criminal law, both as a prosecutor and as a defense attorney, Peter Capofari is able to quickly recognize legal issues and routinely holds police accountable for illegal searches and seizures.

There are times when a person’s substance abuse disorder becomes overwhelming. For some people the criminal offense is the least of their worries and it is a life or death situation. Over the fifteen years of criminal defense experience, Peter Capofari has developed excellent relationships with substance abuse treatment providers. Peter Capofari can help you to navigate the recovery process and also help you fight your case. There is no better satisfaction than seeing a person completely turn their life around, it is possible and we can help you get there.

What is an Improper Search in Indiana?

An improper search in State is an illegal search that violates an individual’s constitutional right to privacy.

The Fourth Amendment of the United States Constitution, which states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy. This includes their residence, property, and body, as well as specific areas of a motor vehicle (such as a locked trunk), and certain public places (for example, a public restroom stall).

For a search to be reasonable, and therefore proper:

Police must have probable cause to believe incriminating evidence exists and they obtain a search warrant from a judge, or
The circumstances make it lawful for police to conduct a search without a warrant.

A court can suppress evidence found during an improper search, meaning it cannot be used against the defendant during their trial. An experienced criminal defense attorney from Law Firm Name will examine your case and determine whether your rights were violated. Call us today at Phone Number to schedule a Consultation Type.

Proper versus Improper Searches in State

A court will consider several factors when deciding whether a search was conducted properly.

Proper Searches

A proper, or lawful, search is conducted

Under a proper warrant;
Without a proper warrant but where the police believe in good faith there is a lawful basis for the search–the “good faith exception.” (For example, if the police rely in good faith on an invalid search warrant and otherwise behave properly during the search.)
Where the circumstances mean a warrant is not required

Situations that do not require a warrant include where:

Police search a person after a lawful arrest
Police search a vehicle after a lawful stop
There is a risk that incriminating evidence may be destroyed or concealed
A person is briefly held for investigation during a “stop and frisk”
The search relates to a person the authorities are in “hot pursuit” of
The person being searched or the property owner consents to the search

In these situations, law enforcement can conduct a proper search without a warrant.

Improper Searches

An improper, or unlawful, search occurs when:

The police conduct a search without a warrant in circumstances where a warrant is required
The police conduct a search under an improper warrant and the good-faith exception does not apply
The search is conducted in a way that violates a person’s reasonable expectation of privacy

If these circumstances exist, a defendant may file a motion with the court asking it to find the search improper and apply the exclusionary rule.

An Improper Search and the Exclusionary Rule

The exclusionary rule prevents the government from relying on evidence obtained as a result of a violation of an individual’s constitutional rights. It means that any evidence found in the course of an improper search cannot be used as evidence against a defendant during a criminal trial.

When to Hire a Criminal Defense Lawyer in Indiana

If the prosecution is relying on evidence found during a police search, you should ask an experienced criminal defense lawyer at Capofari Law, LLC to review your case. They can advise you whether the correct search and seizure procedures were followed.

If your constitutional rights have been violated by an improper search, our defense lawyers can help you argue that the evidence found during the search should be suppressed at your trial. If successful, this may weaken the prosecution’s case against you and help you defend the charges. To learn more, you should contact Peter Capofari today by calling (317) 203-9206 or submitting an online form today and schedule a Free Consultation.

Imagine a United States of America where police hold all the power, and citizens have no power. That world, for some, may not be so unimaginable. If you have found yourself on the other side of police officers in Hamilton County, you know you can appreciate that there are laws in this country meant to protect you. We also know, however, that those laws are often violated. Some of these laws meant to protect U.S. citizens are known as Miranda rights, and they are also violated at an unfortunate rate by police officers.

Whether a violation of your Miranda rights is intentional, you can use the violation in your defense. Our criminal defense lawyer in Indiana will identify whether your Miranda rights were violated, and then use that information to build a solid defense. At Capofari Law, LLC, we take your constitutional rights seriously. Contact us at (317) 203-9206 to schedule a FREE CONSULTATION and to learn more about how to build a strong defense for your criminal case.

What Constitutes Miranda Rights in Indiana?

U.S. citizens have certain constitutional rights that protect them when interacting with the police and the criminal justice system, and this is true wherever you are in the United States. These rights are known as Miranda rights, which were upheld by the U.S. Supreme Court in Miranda v. Arizona. 384 U.S. 436 (1966). Many people probably know about them from popular TV shows or action movies but may not know exactly what these rights mean.

Anyone who has been taken into custody and interrogated by the police must first be read their Miranda rights. The reading of your Miranda rights is known as a ‘Miranda warning’ because the police are “warning” you of your constitutional:

Right to remain silent, because anything you say can be used against in court
Right to a lawyer, even if you cannot afford the services of a private attorney

These rights, born out of the 5th and 6th Amendments of the U.S. Constitution, are in place to ensure equal protection under the law. Violation of Miranda rights may be reason enough to suppress any incriminating evidence against you so long as that evidence was obtained from the violation. Motions to suppress or motions to exclude evidence flowing from a Miranda Rights violation can be a critical part of your defense. In fact, getting charges dismissed can result from the finding that Miranda rights were violated in Indiana.

What Crimes in Indiana Require Miranda Warnings?

Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense. These include crimes like:

Sex crimes
Drug crimes
Violent crimes
Theft crimes
White-collar crimes
Domestic violence
Organized crime
Property crimes
Hate crimes

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, and these exceptions apply to when police must give Miranda warnings and when evidence can be excluded for Miranda warning violations.

Exceptions to When Police Must Give the Miranda Warnings

A few situations exist where the police are not required to read a person the Miranda warnings. These situations include when the officers are:

questioning someone for public safety purposes
asking standard booking questions, like your name and address
using an informant to talk to a person while incarcerated
stopping a vehicle for a traffic violation.

Exceptions to When Violations Will Not Result in Exclusion of Evidence

As mentioned, when there’s a Miranda warning violation, any evidence obtained from the violation can typically be excluded as evidence. There are, however, a few important exceptions.

Public safety. When the police ask questions for the purpose of public safety and discover any evidence of alleged criminal activity, it can be admitted as evidence against the alleged offender.
Witnesses. When the police question a suspect, albeit unlawfully, and identify a potential witness, that witness may be allowed to testify at trial.
Tangible evidence. When the police question a suspect, albeit unlawfully, and discover tangible evidence, that evidence can often be admitted to court.
Inevitable discovery. When the police question a suspect, albeit unlawfully, and tangible evidence is discovered, that evidence may still be admissible if it would have been discovered without questioning the suspect.

Determining if Miranda Rights Were Violated in Indiana

You always have the right against compelled self-incrimination and the right to a criminal lawyer. Miranda requires that people be informed of these rights should they ever be:

Taken into police custody, and
Subjected to interrogation.

If you were taken into custody and interrogated about criminal activity without being “Mirandized” (read your Miranda rights), any evidence provided during that interrogation may be excluded from court. Knowing what these terms mean can help you understand whether your Miranda rights were violated.

Custody means a reasonable person would think they were in custody if they were in the same situation. If you are held against your will, you likely have been taken into custody. For example, being put into the back of a police car typically means you are in the custody of the police.
Subjected to interrogation means the police ask questions specifically intended to elicit incriminating statements. For example, asking why you did it or where you hid a stolen item are questions that are subjecting you to an interrogation.

One word of caution: your words can still haunt you even if you were able to prove your Miranda rights were violated and, as a result, were able to suppress the evidence flowing from that violation. At trial, incriminating statements can be used to impeach you. This means your statements can be used to show you lied or are not fully telling the truth while on the stand.

Can I Talk to the Police?

It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court.

Should I Talk to the Police?

No.

Why Wasn’t I Read My Miranda Rights?

You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest.

The police can ask questions so long as they are not incriminating. Also, there are exceptions. For example, traffic stops are not custodial. The police can pull you over for a traffic stop, and if that leads to a suspicion of intoxicated driving, the police can ask questions without reading your Miranda rights.

Your Miranda rights (and a violation of these rights) depend on the exact circumstances of your encounter with the police. This is exactly why it is important to seek the advice of a criminal defense attorney in Indiana .

Contact Capofari Law, LLC Today

Getting the legal help you need is right at your fingertips. Contact us today to schedule a consultation. We will discuss your case, explain your options, and help you determine your next best steps.