Marion County Man Avoids Multiple Domestic Battery Convictions
We recently helped a man charged in Marion County with the following domestic violence offenses:
- Battery on a person less than 14 years old, charged as a level 6 felony
- Criminal recklessness, charged as a level 6 felony
- Domestic battery, charged as a level 6 felony
- Battery in the presence of a child, charged as a level 6 felony
- Domestic battery, charged as a class A misdemeanor
- Battery resulting in bodily injury, charged as a class A misdemeanor
The man was accused of a physical altercation with his then-girlfriend that led to a minor injury of her child. He sought out the help of a Marion County criminal attorney to represent him on these serious charges. After reviewing the evidence against the client, Sean Hessler worked to establish defense evidence of electronic and online harassment and intimidation by the alleged victim, his then-girlfriend. Sean used this evidence to convince the judge to remove the client’s pre-trial release conditions, as it was clear that the alleged victim was manipulating the legal system.
After interviewing several eyewitnesses that either corroborated the client’s recollection of the evidence and/or disputed the alleged victim’s version of the events, collecting electronic evidence, and confronting the alleged victim under oath, it became clear that her story was more and more unbelievable.
The electronic evidence gathered and used in this case included phone records, text messages, and Facebook posts. The prosecutor ultimately dismissed the case when presented with evidence of the client’s victimization and the alleged victim’s lying about the situation.
Despite being granted a dismissal of all charges, our client will have to wait the statutory period before the charges can be expunged from his criminal record.
From start to finish, this case took about four mouths and four court appearances to yield this outcome.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Marion County Man Found Not Guilty on Resisting Arrest Charges
We recently helped a 28-year-old man who was charged with two counts of resisting law enforcement in Marion County. In Indiana, resisting law enforcement is a class A misdemeanor and one count is punishable by up to one year in jail and a fine of up to $5,000 if convicted.
At the time of the alleged offense, the man was in his front yard arguing with his wife. Someone called the police and reported the disturbance. When the police arrived, they saw the man and his wife arguing, but no laws were broken.
However, the police wanted to search the man for reasons of officer safety. Our client refused, was forcibly seized, and charged with resisting arrest. The man maintained his innocence – that he did not forcibly resist, obstruct, or interfere with law enforcement. He simply did not want to be searched because he was not breaking any laws.
He hired Marion County criminal defense lawyer Sean Hessler to represent him. Sean Hessler tried the case before a judge and argued that the initial seizure was illegal, thereby invalidating the resisting law enforcement charges. The judge found that the State did not have evidence to prove our client’s guilt beyond a reasonable doubt. Ultimately, Sean represented the man in four court appearances to an optimal outcome.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Marion County OWI & Possession Charges Dismissed
We recently helped a woman in her 40s avoid convictions after having been charged with a Marion County OWI and possession of a controlled substance. Both of these charges are Class A misdemeanors that carry penalties of up to one year in prison and a fine of up to $5,000 if convicted.
She hired Indianapolis criminal lawyer Sean Hessler to represent her as she was concerned about what would happen to her. We went over the facts of the case with our client. During her arrest, the State took her driver’s license and told her that her driving privileges were suspended. However, upon further analysis and review, Sean found that law enforcement did not comply with the statute to suspend a license on a OVWI charge. He was able to help the client regain her driving privileges during the pendency of this case.
Through discovery, Sean learned of evidentiary issues with the case and exploited these weaknesses. He was able to establish a statutory defense that the client has a valid prescription for the pills she was accused of illegally possessing. Though our Indianapolis legal team was prepared to go to trial, we were able to successfully resolve our client’s case before trial after six court appearances. With the knowledge that our client has a valid prescription and since one of the essential witnesses failed to comply with our discovery requests, the prosecutor had little choice but to dismiss all charges.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Rush County Felony Charges Reduced to Misdemeanor Driving Offense
Indianapolis criminal defense law firm Hessler Law recently helped a man charged in two cases in Rush County – neglect of a defendant, and forgery and MC operating never received a license – all Level 6 felonies. The penalties for a F6 conviction include up to two and a half years in prison and a fine of up to $10,000.
Our client was very concerned about what would happen to him if convicted. Prison time and substantial fines would cause serious near-term problems for him, while criminal convictions would negatively impact his future. He consulted with attorney Sean Hessler to handle his case.
In defending the client, Sean spoke with witnesses and presented defense evidence to convince the prosecutor not to convict on the felonies. The client eventually admitted to a misdemeanor driving offense for a suspended sentence – the best possible outcome for this situation, given that he had originally been facing both jail time and thousands of dollars in fines. Our client also benefits from being able to have his conviction expunged in five years’ time under Indiana law.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Client Charged with Class A Drug Felony Avoids Conviction
We recently helped an Indiana client who was charged with a Class A felony offense for dealing methamphetamine and several additional drug possession-related offenses. Possession of controlled substances is a very serious offense that can lead to strict legal penalties. If our client had been convicted, they could have faced 20 to 50 years in prison, and could have been fined up to $10,000. Even a minor drug conviction can result in the inability to work in certain fields. It will also impact employment, particularly for jobs that require a background check or security clearance.
Fortunately, our client consulted with our expert criminal defense lawyers at an early stage, which allowed us to thoroughly explore the case and challenge the evidence. After investigation, Sean Hessler revealed the preliminary test for Meth was incorrect, and our client had valid prescriptions for all other controlled substances found in his possession. Ultimately the prosecutor had limited evidence against our client. The evidence the prosecutor presented failed to conclude that a crime had been committed. After reviewing the evidence, the court agreed with the defense, and the prosecutor ultimately dismissed the case.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Man Charged with Patronizing a Prostitute Found Not Guilty
We recently helped an Indianapolis man who was charged for patronizing a prostitute. Our client allegedly agreed to pay an undercover officer for a sex act. He was concerned about what would happen to him because a first- or second-time patronizing conviction comes with penalties of up to one year in prison and a fine of up to $5,000. On top of that, he would lose his job and have difficulty finding another one. Concerned about his future, he consulted with Indianapolis criminal defense lawyer Sean Hessler to see about taking his case.
Sean reviewed the details and evidence of the case, and his defense focused on the fact that there had been no agreement like the undercover officer had alleged. After the case was taken to trial, the judge heard evidence from both sides, and the client was found not guilty. In Indiana, charges for which a person is found not guilty are eligible for expungement, which means that the client does not face loss of employment, life-long public embarrassment, prison, or extensive court fines and costs.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
Marijuana Dealing and Cultivation Case Dismissed
Recently, we helped a client avoid incarceration and fines for dealing and cultivating marijuana, a Class-D felony crime. Our client faced up to three years in prison, if convicted and up to $10,000 in fines, so they needed to find an experienced criminal defense attorney for help.
Once Hessler Law was contacted, Sean Hessler conducted an investigation which revealed that his client’s Constitutional Rights were violated due to an illegal search and seizure. Warrantless police entry was used to enter his client’s house. Without legally-obtained evidence, all evidence illegally seized by police was disregarded, and the case was dismissed.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.