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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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The Attorneys at Dixon & Moseley, P.C.

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  5. Three Things You Need to Know About When You Should Consult A Criminal Defense Attorney

Three Things You Need to Know About When You Should Consult A Criminal Defense Attorney

On Behalf of Dixon & Moseley, P.C. | May 31, 2017 | Criminal Law

Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post addresses three areas you must know and understand where you, a citizen, would be better served by consulting a defense attorney before “talking” (and why).

First, in any proceeding, civil, regulatory, administrative, and, of course, criminal (i.e., a police officer knocks on your door and wants to talk with you), a person may elect to remain silent. Those of you reading this blog post may be asking, “Wouldn’t this have consequences?” The answer is as obvious as the question—it is “yes” outside the criminal context. From a personal injury deposition involving wrongful death by your driving to a hearing in a divorce proceeding, asserting your Fifth Amendment privilege may be used against you for the purposes of that proceeding. It may wipe out your insurance coverage or cause you to lose custody. However, it cannot be used against you to bring or in a criminal charge or be used against you in a criminal proceeding.

What this means is while it may cost you, assertion of the Fifth Amendment right to remain silent will reduce your chances of being criminally charged or convicted—if the statement is not made it cannot be used to charge or prove a crime and protects the most precious liberty—namely the right to freedom over incarceration.  So sometimes it comes down to balancing what you value most, your money or your liberty (freedom). This is a decision to not make lightly, with criminal defense counsel beforehand as there may be techniques or ways to minimize this conflict in the first place.

Second, in many cases, even if it is apparent to you what you say could have criminal implications, the human desire to explain is often overwhelming. However, avoid it: too many statements or explanatory words will inherently have what are potential contradictory statements. But too few will inadvertently leave out some key detail and result in the situation where later additions or explanation to your statement will appear untruthful.  Namely, the question will be asked if it is so important, “How come you didn’t remember it then?” This calls the entire statement into question as well as your credibility. Would you want a criminal jury to decide this for you?

Third, and perhaps most importantly, the line between negligence and civil liability and criminal exposure is very factually and legally “thin”. Something negligent, with enough analysis, may be deemed to be reckless, which may result in civil liability as well as criminal charge and conviction for criminal recklessness. Even so, the question becomes raising this situation with counsel beforehand and determining if a criminal defense attorney is appropriate to assist and/or the propriety of remaining silent. Common cases where a defendant may inadvertently make a statement or admission that causes criminal exposure are the following: 1) Department of Child Services investigations and proceedings; 2) Divorce proceedings; 3) Protective order hearings, and 4) civil litigation involving the use of monetary funds.

For these reasons, in all but the most routine of legal matters, you should be able to answer this question or be seeking advice from a criminal defense attorney. The question, asked a different way, is, “Will any question you answer tend to indicate you committed a crime?” If you don’t know the answer to this question, the prudent person does not attempt to explain it away but talk with experienced criminal defense counsel—in advance. Asked a different way, “Would you bet your freedom on it?” You have a Sixth Amendment right to criminal counsel, use it!

This blog post is written by attorneys at Dixon & Moseley, P.C. who handle criminal defense matters throughout the state of Indiana. This blog post is written for general informational purposes only and is not a solicitation for legal services or specific legal advice. It is advertising material.

  • Fifth Amendment to the United States Constitution and Due Process Clause, Fourteenth Amendment.
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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