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Prosecuting Attorney

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1. How do I file charges against someone?

Criminal charges generally begin with an investigation by a police agency. The Hamilton County Prosecutor's Office will conduct investigations regarding bad checks through our Bad Check Program. However, most other criminal activity will be referred to a police agency. Our office victim/witness coordinator, Leah Salazar, will assist persons in determining the appropriate agency to make a report. Contact our office by calling 317-776-8595.

2. How do I get a No Contact Order?

The Hamilton County Prosecutor's Office may obtain a No Contact Order for the victims of violent crime as part of filing charges. Where appropriate, witnesses will also be covered by No Contact Orders. Without the filing of charges, or where no crime of violence is involved, a private citizen can obtain a Protective Order through the Hamilton County Clerk, whose offices are located in the Courthouse in Noblesville. The Clerk has an information packet which will assist a person to obtain a Protective Order. There is a Court cost which must be paid as part of filing for a Protective Order through the Clerk.

3. What is the status of a/my/my husband's case? Can you tell me my next court date?

Your best source of information regarding future Court dates is your attorney, or the Court itself. Court schedules are created by the Court staff, and are subject to change; the Court possesses the most current information on its own.  Most cases have current information posted online at mycase.in.gov.

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4. I got a subpoena in the mail. Why do I have to testify? This is really inconvenient for me, do I get paid?

Witnesses to crimes are required to appear personally in Court to tell what happened. Although it may be inconvenient, the cornerstone of a free society is the willingness of persons to appear in Court so that the truth about a crime can be known. Witnesses are not compensated for lost wages or other incidental expenses involved in testifying.

5. Can I talk to the Prosecutor about my case?

That depends. Are you a victim or a defendant? Prosecuting attorneys are ethically forbidden to speak with defendants about their cases; the only exception is in the Courtroom when the Judge is presiding over the case. If you are a victim, you are entitled to, and should be able to speak to the Deputy Prosecuting Attorney handling the case. However, Prosecutors have many other cases to handle, and while your case is important to our office, you should keep in mind that the Prosecuting Attorney's time is his or her most cherished asset. Please keep your inquiries brief and to the point. Call the office at 317-776-8595.

6. Can I get a Prosecutor's explanation of a law or get legal advice from a Prosecutor?

The office of the Prosecuting Attorney will give legal advice on criminal matters to police agencies. Although the Prosecuting Attorney can give general advice on whether certain facts would constitute the commission of a crime, our office is generally reluctant to do so on individual cases to private citizens. Often, people seeking a favorable opinion will give a distorted version of the facts; a full investigation by a police agency may reveal grounds for prosecution which were not disclosed to our office. In addition, no opinion given can be construed as immunity from prosecution. The Hamilton County Prosecutor's Office cannot give legal advice on civil matters; all civil legal questions should be referred to a competent private attorney.

7. What is a warrant?

A warrant is an order signed by a judge authorizing the police to arrest a person believed to have committed a crime.

8. What happens after a person (the defendant) has been arrested?

The defendant is brought before the court for an initial hearing. The defendant is given a copy of the charging information. The charge is read out loud by the judge. Normally, the judge automatically enters a plea of "not guilty." A bond is then set; a determination is made as to the defendant's ability to pay for an attorney. If the defendant is unable to pay for an attorney, the court will appoint one. Finally, the court will set pretrial conference and trial/jury trial dates.

9. What is a pretrial conference and do I need to attend?

A pretrial conference is held to determine if there are any motions which need to be ruled on; make sure the prosecutor and the defense attorney have exchanged appropriate documents; and basically make sure that everyone is on track for the trial. Many times pretrial conferences are handled by conference calls; however, some judges require a formal pretrial conference at which the defendant is required to appear. The victim does not need to appear.

10. What is the difference between a bench trial and a jury trial?

A bench trial is a trial before a judge without a jury. A jury trial is a trial before a judge with a jury consisting of either 6 or 12 jurors (with alternates).

11. Do I have to attend the trial?

Yes. Approximately 2 to 3 weeks prior to the scheduled trial date you should receive a subpoena to appear in court.

12. What is a subpoena?

A subpoena is a court order which instructs the recipient to appear in court at a designated date and time.

13. What happens if I ignore the subpoena and/or otherwise fail to appear in court as ordered?

The court may issue a warrant for your arrest for failure to appear.

14. Am I allowed to be present in the courtroom during the trial?

Only if there is no "separation of witness order." Usually witnesses are not allowed to be in the courtroom until after they have finished testifying. You should ask the prosecutor handling your case if a separation order has been filed.

15. How will I know if the trial date has changed?

We will attempt to notify you as soon as we become aware of any changes. However, your subpoena provides you with a contact person and telephone number to call the day before you are scheduled to appear in court. At that time you will be informed if the trial date has changed.

16. What happens if someone tries to intimidate me into dropping the charges and/or not testifying?

Intimidating, threatening and/or harassing a state's witness is a criminal offense. You should immediately contact the police officer or detective in charge of your case. An arrest warrant may be issued and the defendant's bail could be revoked. The defendant would then remain incarcerated during the remainder of the trial.

17. What if the defendant's attorney or some other individual acting on behalf of the defendant contacts me about the case?

These individuals have the right to contact you; however, you also have the right not to talk with them. We request that you contact the prosecutor handling your case prior to talking with anyone acting on behalf of the defendant. We prefer that you only do so in our presence. You should also always ask for identification from the individual(s) wanting to talk to you.

18. What if I decide to drop the charges and/or not to testify?

You cannot drop charges - only the prosecutor may do so. You may forward a written statement to the prosecutor handling your case stating the reasons for wanting the charges dropped for the prosecutor's review and consideration. If you choose not to testify, you may jeopardize the case which could ultimately result in the defendant going free.

19. What happens if the defendant either pleads guilty or is found guilty by a judge or jury?

The case will be set for sentencing, usually about 30 days from the date of the guilty plea. Sometimes a defendant will waive the 30 day period. During this time the probation department will prepare a Pre-Sentence Investigation Report (PSI Report). The probation officer assigned to the case should contact all victims and ask for their input and feelings about the defendant.

20. What is restitution and what can it cover?

The court may order a person convicted of a crime to make restitution to the victim, the victim's estate, or to the family of a victim who is deceased for certain expenses related to the crime.

The court may consider property damages, medical and hospital expenses, lost earnings and funeral, burial or cremation costs.

21. Do I need documentation for restitution?

Requests for restitution should be documented with receipts and/or estimates. For lost wages a wage loss letter is required from the victim's employer and should be on the employer's letterhead.

22. How do I request restitution?

You should submit all documentation of uninsured expenses relating to the crime to the Prosecutor's Office as soon as possible. The Prosecutor must have the documentation prior to the defendant being sentenced.

23. What is a Victim Impact Statement?

You have a right to make an oral or written statement to the Court after the defendant is convicted but before the defendant is sentenced about how you were affected by this crime - emotionally, physically and financially. The statement may also include your feelings as to what punishment you think is appropriate for the crime committed, including restitution.

24. When do I submit my Victim Impact Statement?

Once a defendant has either entered into a guilty plea or been convicted at a trial the case moves on to a sentencing hearing. Your Victim Impact Statement must be received prior to the sentencing hearing. If you wish to be present at the sentencing hearing to orally present your statement, please contact the Victim/Witness Coordinator and/or the Prosecutor assigned to your case so that the Prosecutor is aware of your desire to address the Court. You may contact the office by calling 317-776-8595.

25. What about insurance?

The Court has the final say as to whether or not restitution will be ordered in a case. If you have insurance, you may want to submit your claim for any losses to your insurance carrier. Any uninsured expenses may then be requested as restitution.

26. What happens after restitution is ordered?

All restitution payments are to be made through the Hamilton County Clerk's Office. The Clerk will then issue a check to the victim(s). It is the victim's responsibility to notify the Clerk's Office of any change in address. You may call the Clerk's Office at 317-776-9629.

27. What if the defendant doesn't pay?

You should contact the Hamilton County Probation Department and advise the defendant's probation officer of the defendant's failure to pay. If the defendant has not paid restitution in full by the time the defendant is off probation, the restitution order becomes a judgment lien. You should contact a private attorney for advice on collecting on the judgment. You may call the Probation Department at 317-776-9672.

28. How do I request public records under the Access to Public Records Act?

Background

    “A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master.  Accordingly, it is the public policy of the State that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.  Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information.” Ind. Code § 5-14-3-1.

    The Prosecuting Attorney is a “public agency” under the Access to Public Records Act (hereinafter APRA), Ind. Code § 5-14-3.

    By law, any person has the right to inspect and copy the Prosecutor’s public records during regular business hours unless the public records are excepted from disclosure as nondisclosable under the APRA.  See Ind. Code §§ 5-14-3-3(a), -4, 4.3.

    The Hamilton County Prosecuting Attorney’s Office is a law enforcement agency charged with the responsibility of representing the State of Indiana in all infraction, misdemeanor, and felony cases alleged to have occurred within Hamilton County, Indiana. While the sole loyalty of this office is to the State of Indiana, this office also has the responsibility of protecting the victims of crime and safeguarding victims’ rights.

   This office recognizes the competing interests involved in the public’s right to access information maintained by law enforcement agencies, e.g., the people’s right to know, the privacy of victims, the safety of the community and its law enforcement officials. These competing interests must all be part of this office’s decision making process when considering requests for documents. This office will review each request for documents in this context and, where required or at its discretion, will comply with each request pursuant to the applicable sections of I.C. § 5-14-3 and Indiana Rules of Professional Conduct 3.6 and 3.8, which establish a prosecutor’s ethical duties to cases and to extrajudicial dissemination of information.

Policy & Procedure

    All APRA requests shall be made in writing and submitted on Form 451495-D - APRA Document Request.  See Ind. Code § 5-14-3-3(a)(2).  The form must be filled out in its entirety before the Prosecuting Attorney will comply with the request.  

   However, routine requests for discovery in the course of litigation in which this Prosecuting Attorney represents the State’s interests are controlled via local rules of criminal procedure and other non-APRA law and will be addressed under those rules, accordingly.  Further, requests for documents that would have come from other agencies should be directed to those sourcing agencies.