What Should I Do After A Felony Charge?
Call me immediately. It may sound self-serving, but it is the truth. Even if you were an experienced criminal defense attorney, if you had been arrested, the first thing you would do is call another experienced criminal defense attorney. Especially if you are facing a felony charge.
After requesting an attorney, the second thing you should do is remain silent and wait to speak with me. This is because a criminal prosecution is an emotional trauma and makes it very difficult to think clearly. It is a severe threat to your basic liberty and your future. To protect your future, you need a professional who can analyze the situation dispassionately and develop an effective defense strategy.
At Moore & Associates PC, I’m criminal defense attorney Daniel L. Moore and I represent individuals facing felony charges in Indiana. I have handled more than 4,000 criminal cases. The breadth and depth of my experience mean I have likely helped clients facing situations very similar to yours.
Your case will be far from my first time in court. I understand the law, the charges, the procedures, the personality of the prosecutor and his or her office, and the demeanor of the judge and his or her views on your charges. All of these can have a significant effect on the outcome of your case.
Felony Charges Bring Severe Penalties
If you are convicted of several felony charges in Indiana, you may be looking at years or, in many cases, decades of imprisonment. Prosecutors like to have winning records. One way they do this is by stacking as many charges based on the facts of your arrest as possible. This gives them a powerful bargaining tool that they use to extract plea agreements from the accused.
2,714 Criminal Code Sections
Indiana’s criminal code is complex. There are more than 2,700 sections. A creative prosecutor can often link multiple sections from the same set of facts. If you have been arrested on drug charges, a prosecutor may be able to find numerous criminal code sections that encompass your facts. Instead of charging you with possession and intent to distribute, they may find many additional other violations and stack them as individual charges.
Why Prosecutors Overcharge
This becomes powerful for them when a three to five-year penalty becomes a 10 to 25-year penalty, or in the worst cases, a penalty of 50 years or more. This can convert a seemingly run-of-the-mill charge into one that carries a sentence close to life term. Overcharging is a common practice, as the prosecutor can then offer a plea deal of a reduced (but still substantial) number of years, one that provides the accused with certainty and takes away the risk of a trial where they could wind up with decades in prison.
I understand this process and can work to provide the strongest and most effective defense. I can work with the goal of reducing the number of inappropriate charges. I also aggressively question evidence and testimony, the credibility of witnesses and undercut any other element of the prosecutor’s case.