What to Expect When You Hire a Criminal Defense Lawyer

Key Takeaways:

A criminal case in Elkhart may involve an arrest, initial hearing, pretrial proceedings, plea negotiations, and possibly trial.
Your lawyer can review the charges, evidence, defenses, and possible consequences.
Early legal representation can help protect your rights before important decisions are made.
Our Elkhart criminal defense lawyers at Wilson & Kinsman, LLC represent clients facing misdemeanor and felony charges.

Being arrested or charged with a crime can create uncertainty about your future. Our Elkhart criminal defense lawyers at Wilson & Kinsman, LLC help clients understand what comes next and develop a strategy.

From Arrest to Resolution: The Elkhart County Process

In Indiana, a criminal case begins when the prosecution files a charging information or indictment. After an arrest or formal charge, the defendant appears for an initial hearing.

At that hearing, the court advises the defendant of constitutional rights and deadlines. Unless another plea is entered, the court enters a preliminary plea of not guilty. Bond, court dates, and representation may also be addressed.

In Elkhart County, criminal matters are handled through the Circuit Court and designated Superior Courts, depending on the charge and local filing rules. A defense lawyer can track deadlines, obtain case materials, and explain each stage.

Your First Meeting With a Defense Lawyer

The first meeting allows your lawyer to learn what happened from your perspective. Bring paperwork from police, the jail, or the court, along with bond documents, citations, witness information, photographs, messages, or records.

A criminal defense lawyer in Elkhart may ask about the arrest, searches, statements to police, witnesses, and available evidence.

Be honest with your lawyer, even about facts that may seem harmful. Attorney-client confidentiality allows open discussion so counsel can identify defenses, risks, and next steps.

Pre-Trial, Plea Deals, and Going to Court

Before trial, your lawyer may review discovery, police reports, recordings, laboratory results, witness statements, and other evidence. Depending on the case, the defense may file motions challenging evidence or raising legal issues.

“Plea” negotiations may also occur. A plea agreement can involve reduced charges, sentencing recommendations, or other terms, but whether accepting one makes sense depends on the evidence, defenses, and your goals.

If no acceptable resolution is reached, the case may proceed to trial. The prosecution must prove the charged offense beyond a reasonable doubt. Your lawyer can challenge the state’s evidence, cross-examine witnesses, present defenses, and advocate for you.

How Wilson & Kinsman, LLC Defends Elkhart Clients

Wilson & Kinsman, LLC represents clients facing charges including DUI/OWI, domestic battery, drug crimes, theft, misdemeanors, felonies, probation violations, traffic matters, and other offenses.

The firm emphasizes early involvement, confidential consultations, and a defense strategy tailored to the case. Its lawyers may investigate conflicting statements, challenge evidence when appropriate, negotiate with prosecutors, and prepare cases for court when necessary.

Frequently Asked Questions (FAQs):

When should I hire a criminal defense lawyer?

As early as possible. Legal advice can be valuable before speaking further with investigators or making decisions about the case.

What happens at an initial hearing?

The court advises you of applicable rights and deadlines, and a preliminary plea is entered.

Will my case automatically go to trial?

No. Some cases are dismissed or resolved through negotiations, while others proceed to trial.

Should I tell my lawyer everything?

Yes. Complete information helps your lawyer assess the case and develop an appropriate defense strategy.

Can a lawyer guarantee my charges will be dismissed?

No lawyer can guarantee a result. Outcomes depend on the facts, evidence, law, and court proceedings.

If You Are Facing Criminal Charges and Need Legal Guidance, Talk to Our Experienced Elkhart Criminal Defense Lawyers at Wilson & Kinsman, LLC to Explain Your Options and Protect Your Rights

Facing criminal charges can be stressful, but understanding the process can make it easier to make informed decisions. Our Elkhart criminal defense lawyers at Wilson & Kinsman, LLC can review the allegations, explain your options, protect your rights, and build a defense based on your case. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.