Understanding the Difference Between a Misdemeanor and a Felony in Indiana

Facing a first DUI in Warsaw, IN? Baber & Baber, P.C. DUI Attorney can help. Call (260) 244-4422 or click here to protect your future.

Learn how a criminal record can impact your job search in Indiana. Understand background checks, hiring rules, and options like expungement.

Facing your first court appearance in Whitley County? Learn what to expect, what to say, and how to prepare for your initial hearing in Indiana.

If it happened in Columbia City, South Whitley, or anywhere else in Whitley County, understanding what to expect can help ease anxiety and protect your future. This article breaks down what an OWI charge means, what happens next, and how to move forward. What Is an OWI in Indiana? In Indiana, OWI (also known as DUI in some states) generally means operating a vehicle while: Your blood alcohol content (BAC) is 0.08% or higher You are under the influence of drugs or alcohol You have a Schedule I or II controlled substance in your system There are also enhanced penalties for BAC levels of 0.15% or higher or if a minor was in the car at the time of arrest. What Happens After an OWI Arrest in Whitley County? Arrest and Booking You will most likely be arrested on the spot, taken to the Whitley County Jail, and required to submit to a chemical test. License Suspension Failing a chemical test typically leads to an administrative license suspension. Refusing the test can lead to a longer license suspension. Initial Hearing Within days of your arrest, you’ll attend an initial hearing at Whitley Superior Court where charges are formally read. You’ll plead guilty or not guilty (most people plead not guilty at this stage, even if they intend to resolve the case). Pre-Trial Conference Usually scheduled 4 to 8 weeks later. This is when your attorney may negotiate with the prosecutor about plea agreements or alternative resolutions. Possible Outcomes Diversion or deferral programs (especially for first-time offenders) Plea agreement (reduced charges or penalties) Trial (if no agreement is reached) Potential Penalties for OWI in Indiana Penalties vary depending on the facts of the case and your prior history. Here are some possibilities: Jail time Community service Drug and alcohol counseling Additional license suspensions Fines, Court costs, and fees Will I Definitely Lose My License? Possibly. License suspension is one of the most common consequences. However, your attorney may be able to help you: Request specialized driving privileges (formerly known as hardship licenses) Challenge the suspension Reduce the length of suspension through a plea agreement Should You Get a Lawyer for an OWI in Whitley County? Yes. The stakes are high, and the process is complex. A defense attorney can: Review the legality of the stop and arrest Negotiate for reduced penalties or diversion Represent you in hearings and trial Help protect your license and minimize long-term consequences Final Thoughts An OWI arrest in Whitley County doesn’t have to define you. With the right legal support, it’s possible to move forward, protect your rights, and limit the impact on your future. If you’re facing OWI charges, educate yourself and seek guidance early. Baber & Baber, P.C. is based in Columbia City and serves clients across Whitley County and Northeast Indiana. Call 260.244.4422 or click here to schedule a consultation . Whitley County OWI Defense | Columbia City Criminal Lawyers | Northeast Indiana DUI Attorneys This article is not meant as specific legal advice and is only meant as general education.

Whether you're facing a misdemeanor or a Level 6 felony, knowing the process can help you make informed decisions and avoid unnecessary mistakes. Step 1: Arrest and Booking Most cases start with an arrest. You’ll likely be taken to the Whitley County Jail for booking, where your fingerprints, photo, and information will be collected. Depending on the charge and circumstances, you may be released on bond or you may remain in custody until your first court date. Step 2: Initial Hearing This is your first appearance in front of a judge. It usually happens within a few days of your arrest. Here’s what typically happens during an initial hearing in Whitley Superior Court: Formal reading of your charges Advisement of your rights Opportunity to enter a plea (almost always “Not Guilty” at this stage—even if you did it) Opportunity to ask for a public defender or inform the court that you’ll hire your own attorney Bond review or request for bond reduction, especially if you're still in jail Why plead “Not Guilty”? Even if you believe you’re guilty, entering a "Not Guilty" plea preserves your ability to: Review the evidence against you Negotiate a potential plea deal Avoid waiving important rights too early Step 3: Pre-Trial Conference After the initial hearing, your case will be set for a pre-trial conference, usually 4 to 8 weeks later. This is a scheduled meeting between your defense attorney and the prosecutor to: Negotiate a plea agreement Discuss possible resolutions Exchange discovery (evidence) Decide whether the case will go to trial In some situations, if you’re representing yourself, you’ll speak directly with the prosecutor. This is one of the many reasons why having legal representation is strongly recommended. Step 4: Trial or Change of Plea If no agreement is reached at the pre-trial conference, one of two things may happen: Trial Date Set: You’ll prepare for trial and argue your case before a judge or jury. Change of Plea Hearing: If a plea deal is reached, this hearing will be scheduled for you to formally plead guilty in front of the judge and receive your sentence. There is also a chance a second pre-trial conference will be scheduled. These next steps are typically scheduled 4 to 8 weeks after your first pre-trial conference. Step 5: Sentencing and Court Obligations If you’re found guilty or take a plea deal, sentencing will occur either immediately or about a month later. After sentencing, the court may impose several conditions, which could include: Probation Mandatory counseling or classes Community service Fines and court costs No-contact orders Check-ins with a probation officer Random drug testing (in some cases) Failing to meet these conditions can result in a violation and possible jail time, so it's important to take them seriously. Final Thoughts The legal process in Whitley Superior Court can feel complex, but it follows a predictable structure. From arrest to resolution, each step gives you opportunities to protect your rights and work toward the best possible outcome. If you’ve been charged in Whitley County and aren’t sure what to do next, Baber & Baber, P.C. is here to help. We’ve represented hundreds (close to thousands) of clients in Whitley Superior Court and know how to navigate the system with strategy and care. 📍 Based in Columbia City | Serving Whitley County and Northeast Indiana 📞 Call 260.244.4422 or 🌐 Click here to schedule a consultation online. This article is not meant as specific legal advice and is only meant for general educational purposes.

Criminal records can follow you long after you've moved on. But under Indiana law, you may have the right to seal or expunge your record. So why should you consider an expungement? Here’s what you need to know and how a clean slate can change your future. What Is Expungement? Expungement is a legal process that allows eligible individuals to seal or remove arrests, charges, and convictions from public view. Once granted, the records won’t appear on most background checks, which can make a huge difference when applying for jobs, housing, or professional licenses. In Indiana, this is sometimes called "Second Chance Law," and it’s designed to help people who’ve made mistakes, but have paid their dues, move forward. 5 Reasons to File for an Expungement in Indiana 1. Better Job Opportunities One of the most common reasons people seek expungement is employment. Many employers conduct background checks. A past arrest or conviction, even for a low-level offense, can keep you from landing a job or advancing in your career. With an expungement, your record is sealed from most employers and background check companies, giving you a real second chance. 2. Access to Better Housing Landlords often screen tenants using criminal background checks. A criminal record can disqualify you from renting in desirable areas or increase your housing costs. Expungement clears the path to better, more stable housing options. 3. Restoring Your Reputation Even if the charges were dismissed, public records can paint an incomplete or unfair picture. Expungement gives you the ability to move forward without old mistakes showing up in online databases or court websites. 4. Professional Licensing & Certifications Many licensing boards in Indiana require a clean background, especially in healthcare, law, education, and finance. An expungement may allow you to apply for or renew a professional license without fear of being denied due to your past. 5. Peace of Mind and Closure An expungement isn’t just a legal tool, it’s emotional. Many clients describe it as a fresh start. No more worrying about a job application question, a background check, or what someone might find online. It allows you to finally put the past behind you and focus on the future. Who Is Eligible for Expungement in Indiana? Eligibility depends on several factors: The type of offense (arrest, misdemeanor, or felony) How much time has passed Whether you’ve completed your sentence and probation Your criminal history since the offense Outstanding fees, fines, or restitution For example: Arrests/dismissals: May be eligible after 1 year Misdemeanors: Eligible after 5 years Level 6 felonies: Eligible after 8 years More serious felonies: Longer wait, with prosecutor approval There are exceptions and nuances, so it's best to consult with an attorney to review your specific case. Final Thoughts If a criminal record is holding you back, an expungement could be the turning point you’ve been waiting for. It's not about erasing your past, it's about showing the courts, employers, and the world that you've moved on and deserve a second chance. At Baber & Baber, P.C., we’ve helped people across Whitley County and all of Indiana file successful expungement petitions. We can help you determine your eligibility, gather the necessary documents, and make the strongest case possible. 📍 Based in Columbia City | Serving all of Northeast Indiana 📞 Call 260.244.4422 🌐 Or schedule an appointment online This article is meant for general educational purposes and is not intended as specific legal advice.

Whether it happened in Columbia City, South Whitley, or anywhere else in Whitley County, Indiana, you're probably wondering what happens next and how to protect your future. Here are 5 of the most common mistakes people make after being arrested in Indiana and how to avoid them. 1. Posting on Social Media About the Case It might be tempting to vent or explain your situation online, but don’t. Prosecutors and investigators regularly monitor social media. A single photo, comment, or shared post can hurt your case. What to do instead: Stay off social media until your case is resolved. If you must use it, avoid any mention of your charges, your case, or anything remotely related. 2. Missing Your Court Date Missing court isn't just a mistake, it can result in a warrant for your arrest and the filing of additional charges against you. Even one missed hearing can make your situation worse and reduce your chances of getting a favorable outcome. What to do instead: Keep a calendar, check your mail, and stay in close contact with your attorney. If you’re not sure about a date or time, call the court or your lawyer. 3. Assuming an Attorney Will Handle Everything An attorney will handle the legal side of things and guide you along the way. However, there may be things you need to do to help your case. Such as counseling, maintaining a job, etc. 4. Delaying Legal Representation Some people wait too long to get a lawyer involved, assuming they have time. But early legal guidance can make a huge difference. An attorney can talk to the prosecutor, gather evidence, and protect your rights from the very start. What to do instead: Contact a criminal defense attorney as soon as possible after your arrest (and sometimes even before your arrest). The earlier they’re involved, the better they can help. 5. Ignoring How This Affects the Rest of Your Life It’s easy to get tunnel vision and focus only on court dates and fines. But a criminal case impacts more than just the legal system. It can affect your job, your relationships, your mental health, and more. What to do instead: Start thinking long term. Are there steps you can take now to improve your outcome and rebuild trust? Community service, employment, or counseling can go a long way in court and in life. Final Thoughts An arrest is serious, but it doesn’t have to ruin your life. Avoiding these 5 mistakes can put you in a stronger position to protect your rights and move forward. Call us today at 260.244.4422 or schedule a consultation online if you are looking to hire an experienced attorney for your criminal case. Based in Columbia City | Serving Whitley County and all of Northeast Indiana This post is for educational purposes only and is not meant for specific legal advice.

Getting arrested for the first time can feel like your world is crashing down. Whether it happened in Columbia City, South Whitley, or elsewhere in Whitley County, Indiana, the questions come fast: Will I go to jail? Will this ruin my future? Do I need a lawyer? What happens next? Understanding First-Time Charges in Indiana Not all criminal charges are treated the same, especially when it’s your first offense. Common first-time charges in Indiana include: Operating While Intoxicated (OWI) Theft or shoplifting Battery or disorderly conduct Possession of marijuana or paraphernalia While the legal consequences vary, Indiana courts often consider whether you have a clean record. First-timers may be eligible for alternative resolutions instead of jail time, depending on the offense. What Happens After an Arrest? Once arrested, you may be: Booked and fingerprinted Given a bond or held until a hearing Assigned a public defender or advised to hire private counsel Scheduled for an initial hearing in Whitley Superior or Circuit Court This is where things move fast. Local procedures vary, which is why it sometimes helps to have an attorney who knows how the Whitley County court system works. Why You Should Hire a Criminal Defense Attorney — Even for a First Offense It’s easy to assume you don’t need a lawyer if it’s your first time in trouble. But that could be a costly mistake. A defense attorney can: Help you avoid jail or a conviction Push for alternatives like diversion programs Ensure your rights are protected Keep you from saying or doing something that harms your case Even a misdemeanor can affect job prospects, housing, and future opportunities. Don’t take that risk alone. Diversion and Deferral Programs in Whitley County Whitley County offers some first-time offenders a second chance through deferral programs that postpone prosecution while you complete requirements These may include: Community service Substance abuse evaluation or treatment Counseling No new arrests for a set time If you complete the program successfully, your charges may be dismissed. Your attorney can help you find out if you're eligible and advocate for your participation. How to Show You're Serious About Change The court (and prosecutor) wants to see that you’re taking this seriously. Here are proactive steps that can make a difference: Enroll in a class if your attorney advises it (substance abuse, anger management, etc.) Secure employment or stay in school Get letters of support from employers, teachers, or mentors Stay out of trouble Judges notice when you’re putting in the work. Final Thoughts: A Mistake Doesn’t Have to Define You Being arrested doesn’t make you a bad person. At Baber & Baber, we’ve helped countless first-time offenders in Columbia City and across Whitley County protect their futures and move forward. If this is your first run-in with the law, we’re here to help you make it your last. Call us today at 260.244.4422 or schedule an appointment online. Based in Columbia City | Serving Whitley County and Northeast Indiana This is for educational purposes and is not intended as specific legal advice.

One of the most common questions we hear is: “Do I need to hire a local attorney — someone based here in Whitley County?” The answer? It depends. There’s no one-size-fits-all approach to choosing a criminal defense lawyer. Every case is different, and so is every client. That said, there are several advantages to hiring a local attorney and a few situations where it might not matter as much. Let’s break it down. The Benefits of Hiring Local Counsel If your case is being handled in Whitley Superior or Circuit Court, working with a local defense attorney can offer a unique edge, especially early in the process. 1. They Know the Judges and Prosecutors A local attorney has experience with the judges, prosecutors, probation officers, and court staff who will be involved in your case. This familiarity helps them anticipate how your case might be handled, what arguments tend to be persuasive in that courtroom, and what strategies have worked in the past. 2. They Understand the Local Procedures Every county has its own quirks. A local defense lawyer will know: • How the court schedules hearings • Whether certain charges are more likely to be negotiated or prosecuted • What diversion or deferral options are typically available • What documentation or preparation the judge expects This insight can help avoid delays, minimize surprises, and make your case go more smoothly. 3. Accessibility and Convenience Hiring a Whitley County-based attorney means you won’t have to drive hours for meetings or pay for unnecessary travel time. It also increases the chances your lawyer can respond quickly to court filings or sudden hearing changes. When Local Might Not Matter as Much If your case looks like it’s going to trial from the very beginning, local familiarity may take a backseat to other priorities - like experience, skill, and trust. In serious or complex cases, you should focus on hiring the best attorney for your situation, regardless of ZIP code. That means someone who: • Has strong trial experience • Makes you feel heard and understood • Has a strategy that aligns with your goals • Communicates clearly and honestly In trial-heavy situations, preparation and performance matter more than local knowledge. Pro-Tip: Ask these types of experience questions during your initial consultation with an attorney. So… Should You Hire Local Counsel? If you’ve been arrested in Columbia City, South Whitley, or anywhere in Whitley County, and your case seems likely to be resolved through negotiation, plea, or pretrial agreements, hiring local counsel is often the smart choice. But if your case is high-stakes and headed toward trial, focus on choosing the attorney you trust the most - local or not. Final Thoughts At the end of the day, choosing the right criminal defense lawyer is about fit and strategy. If you're unsure, take advantage of consultations and ask questions like: How familiar are you with the Whitley County court system? What is your experience with cases like mine? What’s your trial strategy if we go that route? How do you communicate with clients? There’s no perfect answer, but there is a right attorney for you. Based in Columbia City, Baber & Baber, P.C. serves clients throughout Whitley County and all of Northeast Indiana. Call 260.244.4422 or schedule an appointment online. This post is for informational purposes only and does not constitute legal advice.