- Criminal defense Law
- Weapon Charges
- Drug Charges~Possession & Conspiracy
- Domestic Violence
- Child Abuse
- Juvenile Offenses
- Misdemeanor/Traffic Offenses
- Sentencing Issues
- Parole/Parole Violations
Our team is available for scheduled consultations and walk-ins, and can make visits to local hospitals, homes, and jails if necessary. Call Randall Cable Attorney at Law today at 317-445-0945 for a FREE consultation.
- Undergrad completed at Franklin College
- Finished law school at the Indianapolis Law School of Indiana University
- Admitted to practice law in 1974 in Indiana Federal Courts.
- Admitted to practice law in Michigan in 1974 and currently classified as inactive
- Admitted to practice law in Florida in 1981 and currently classified as inactive
- Was previously a reporter for Indianapolis News newspaper
- Winner of the 7th Circuit Federal Bar Association award for court reporting
Randall Cable Attorney at Law has been providing a dedicated defense for clients who are facing drug-related charges for more than 40 years. Oftentimes, these cases come with severe penalties that can have life-altering effects. We'll examine the details of your case carefully and do everything we can to make sure your rights are defended. We work hard to protect our clients from excessive repercussions with the help of our over 4 decades' worth of knowledge and resources. Whether your drug charges stem from illegal narcotics or controlled substances, Randall Cable Attorney at Law is here to help. We serve clients across the state of Indiana. Call 317-613-1014 for a FREE consultation.
Drug Cases We Defend
Being charged with a Felony is a serious criminal charge that can have devastating effects if you're found guilty. Prospective employers have a long history of rejecting applicants with felonies on their records. Sex offenders have to register with the government and face numerous restrictions long after their sentence has been served. Additionally, a felony conviction can restrict your voting rights, rights to gun ownership, and access to government-sponsored programs. At Randall Cable Attorney at Law, we take your case seriously and investigate all the facts, as well as any and all statutes that apply, in an attempt to receive a favorable decision. You can rely on our 44 years of experience to defend your rights and work towards a favorable outcome in your case. Randall Cable Attorney at Law is a locally owned practice and a member of the Indianapolis and Indiana Bar Associations, as well as the Indianapolis Law Club. We can make visits to local jails and hospitals if necessary. When you're facing felony charges, call 317-445-0945 for your FREE consultation.
We Examine and Explain the Following Procedures:
- Constitutional and Statutory Rights Relating to:
- Charged Offenses
- Police Procedures
- Your Arrest
- Any Statements You Are Alleged to Have Made
- Types of Evidence:
- Witness Testimony, Character & Credibility
- Physical Evidence & Your Own Statement
- Witness Impeachment by Prior Statements or Other Contradictions
- Trial Preparation & Procedure:
- Pre-Trial Motions
- Articulation of the Defense
- Preparation of Supporting Trial Materials
- Pre-Trial Conference with the Court
- Negotiations with the Prosecutor:
- Plea Agreements Entered with your Full Participation & Agreement
- How You Can Help Your Attorney
- Trial & Trial Motions:
- Keeping Out Overly Prejudicial Evidence
- Selecting a Fair, Unbiased Jury
- Preparing Opening Remarks & Closing Arguments
- Examination of Witnesses
- Effects of a Prior Record
- Pleas and Sentencing
- Types of Probation:
- Vet Court
- Drug Court
- HOPE Probation
- Other Probations
- Specter of prison
When you're accused of domestic battery, you need a competent lawyer on your side who understands your best interests and how to represent them to the courts. If you're accusing someone of domestic battery, you need a lawyer who will be your advocate and guarantee that your safety is protected to the fullest extent of the law. In either case, you need the representation of Randall Cable Attorney at Law. Randall is a compassionate attorney with 44 years of experience going through the complicated legal system. With Randall Cable Attorney at Law, you're not alone. Call us today at 317-445-0945 for your FREE consultation.
The Consequences You Can Face Include:
- Community Service
- Anger Management Programs
- Supervised Child Visitations
- Termination of Parental Rights
- Jail / Fines
- Substance Abuse Counseling
- Protective & Restraining Orders
Probation violation laws tend to vary by state and are governed by federal and state laws. Probation violations occur when you intentionally or unintentionally ignore, avoid, refuse, or otherwise break the terms and conditions of your probation at any time during your probationary period. The typical probation runs anywhere from one to three years, but can be longer depending on your original offense.
There are a lot of different ways you can violate the terms of your probation, including:
- Not appearing at a scheduled court appearance on a set date and time
- Not reporting to your probation officer at the scheduled time and place
- Not paying the fines that have been ordered by the courts
- Visiting certain people or places, or leaving the state without the permission of your probation officer
- Possessing, selling, or using illicit drugs
- Committing another crime or offense
- Getting arrested for an offense, criminal or otherwise
Consequences of Violating Your Probation
The consequences for violating your probation usually depend on a variety of different factors, which may include the seriousness of your violation, whether you've had any prior violations, and any extenuating circumstances that may lessen (or worsen) the severity of the situation. Possible consequences for violating the terms and conditions of your probation include heavy fines, an extension of your probation period, or even jail time.
What Happens After a Violation?
It's important to know that there is no set rule that governs what happens in the immediate aftermath of a probation violation. Ultimately, your probation officer has the broad discretion to issue you a warning or to require you to appear in court for a probation violation hearing. Your probation officer may consider the severity of your violation, your past history of probation, and any other factors they feel are relevant. If you are required to appear in court, your probation officer will be recommending a form of penalty, which can include potential jail time. If that is the case, there are two steps to this process: the determination of your probation violation and the Sentencing. During your probation hearing, a judge will hear your case and determine whether or not you are in violation of any of the terms and conditions of your probation. There will be a prosecuting attorney who will need to prove with "a preponderance of evidence" that a violation has occurred. Your judger may consider a variety of factors, including the nature, type and seriousness of the alleged violation, as well as any prior history of violations. If you are found to have violated the terms and conditions of your probation, sentencing will occur shortly thereafter, at which time the court may decide to extend your probation, impose additional terms and conditions to your current probation, order you to serve a brief jail sentence, or completely revoke your probation, forcing you to serve out the remainder of your original sentence in prison. Just as with determining if a violation has occurred, your judge will consider a variety of factors during your sentencing. These factors may include the nature and matter of your offense, and whether this is your first offense or if you're a "repeat offender", along with any other factors they feel are relevant to your case. When you have questions about the terms and conditions of your parole, call Randall Cable Attorney at Law today at 317-445-0945 for a FREE consultation.
Attorney fees are set according to the nature of the case, charges pending, criminal history, and the services and time expected in the case. Many cases are handled on a flat fee basis, however, Court trials, Jury trials, depositions and other matters may require additional attorney fees. Exact fees will be discussed with the Client according to the particulars of their case. We do accept credit cards: American Express, MasterCard International, Discover or Visa. Payment plans are available to help with your finances.
This Web Site is intended to comply with all aspects of the Indiana Rules of Professional Responsibility. No actual attorney-client relationship shall exist between counsel and anyone viewing this site until such time as a proper attorney-client agreement is executed and counsel is retained. Any "legal information" contained herein is of a general nature and each individual's fact situation must be viewed within the scenario of those particular facts. The laws and interpretations of case law will vary from state to state and with new Court decisions. One should consult with an attorney as to their specific facts of questions. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience if you have any questions as to these which are not covered in this Web site.
Here's a site to find out what's happening in the Marion County Courts currently listing cases of possible interest to the public: http://www.in.gov/judiciary/2729.htm
A significant decision of the Indiana Court of Appeals which is expected to be transferred to the Indiana Supreme Court involved the decision in Vaughn v. State wherein the Court of Appeals placed restrictions upon who is included in the domestic violence concept of Domestic Battery. Practice had been to prosecute for domestic battery in any situation involving any semblance of a domestic relationship. Under the statutory language of a person "who is or was living as if a spouse of the other person" anyone that had been or was currently in a relationship with another qualified for prosecution under this charge. A Domestic Battery conviction carries a number of consequences for one being convicted of such offense including the prohibition of ever possessing a firearm. Vaughn was arrested, charged and convicted of domestic battery for having struck a former girlfriend. The Court determined the statute as applied to Vaughn was unconstitutionally vague. The mere fact that one had lived together and even had sexual relationship was not enough to establish that the individual had lived as if the spouse of the other.
Under the operating a vehicle while intoxicated statutes, commonly referred to as DUI or DWI, the law requires that the State prove that the Defendant "operated" a vehicle while intoxicated. The Indiana Court of Appeals recently addressed the issue of "operating" in the case of Nichols v. State. Prior court decisions had established that an operator is one who drives or is in actual physical control of a motor vehicle or is exercising control over or steering a motor vehicle (in the case of a vehicle being towed). Additionally, the term is not restricted to just public highways as other locations including the drive-thru of a bank or fast-food restaurant would be included. Factors to be looked at in determining whether a person was operating or in control of a vehicle include whether the person was asleep or awake; whether or not the motor was running; the location of the vehicle and the circumstances surrounding the vehicle being where it was found and the intent of the person behind the wheel. The Nichols decision places emphasis on the intent issue as Nichols, who had been asleep upon being awakened allowed the vehicle to roll backwards and attempted to stop the vehicle by applying the brakes. Indiana law provides that if you write a check that is dishonored you may be liable for the amount of the check as well as treble damages (three times the amount of the draft) and attorney fees incurred in the collection on the draft. Actions on a bad check must be commenced by the filing of a law suit within 3 years after dishonor of the draft or ten (10) years after the date of the draft, whichever period expires first. In Clark v. University of Evansville, the Indiana Court of Appeals determined that Clark's partial payment of the debt after the dishonoring of the check tolled (extended) the time period for an action on the draft as an admission of continued indebtedness. However, the penal allowing of treble damages and attorney fees is controlled by a strict adherence of a two-year time period for commencement of the suit. So beware of writing a bad check or what action you take afterwards regarding attempts to collect on the check. A point often overlooked by Defendants, attorneys and the Court is the imposition of a fine or court costs in the situation where the Defendant enters into a guilty plea agreement. All too often Prosecutors and Defense Attorneys will reach a plea agreement that addresses the major concerns of the parties, such as whether or not a jail/prison sentence is to be imposed and the period of probation to follow. Other terms such as conditions of probation, driver license suspensions and payment of fines and costs are often not expressed in writing. This may be in part that the parties understand that normally these matters will flow from a conviction or plea. In Briscoe v. State the Indiana Court of Appeals indicated, in following a line of prior decisions, that terms not contained in the written plea agreement may not be imposed by the Court even if the Court had orally discussed the possible imposition of such terms or even if they were enumerated in the advisement of rights executed by the Defendant.
I am providing herein some Frequently asked Questions regarding individuals and their rights that arise in the criminal law arena. Please understand that the following is of a general nature and each person's particular fact situation can have a bearing on the statements herein. Case law, decisions by the Courts in other cases, is constantly changing the rights of the individual and the police.
The Courts have determined that an automobile can be stopped for a variety of reasons. It may be for speeding, erratic driving, missing license plate, cracked windshield or other defects. A person on foot may be detained for questioning under certain circumstances. When stopped by a police officer, whether you are driving an automobile, a passenger in a vehicle, or on foot you must stop and answer the officer's questions as to your identity, drivers license and/or registration. You should never make any admissions of wrong doing to the officer. Do not volunteer information that might incriminate you. The Court is often faced with determining whether statements made against one's interest are given in the course of the officer's routine questioning or made as the officer pursues definite criminal investigation.
Often a police officer will stop a vehicle for routine causes such as speeding or other traffic violation, equipment deficiencies or such as discussed above. Upon stopping the vehicle and talking with the driver, the officer may quickly come to a conclusion that the driver has consumed alcoholic beverages. In most jurisdictions, it is not against the law to have consumed alcohol and then drive a vehicle. All states have prohibitions against operating a vehicle under the influence of alcohol or drugs. In Indiana the presumption of intoxication is a breath test reading of .08% or greater. Regardless of the reason for the stop, the officer can ask the driver to exit the vehicle and perform field sobriety tests at the scene if the officer has reasonable suspicion that the driver is under the influence. Often the officer is looking for the odor of alcohol on the person or breath of the individual; red, watery or bloodshot eyes; slurred speech; staggering or difficulty in getting out of the vehicle; swaying or stumbling or leaning on the vehicle during questioning; failure to respond to the officers directions; and observation of alcoholic beverage containers in plain view in the vehicle. The officer has the right to request that you go to a test site and submit to a test to determine the presence or amount of alcohol. A portable test unit may be used at the road side before being taken to the test location. In Indiana if you refuse to submit to this chemical test your driving privileges may be revoked for one year based on the refusal, even if you were to later be acquitted of the operating charge. Generally, the Courts have determined that you do not have the right to an attorney being present during this test taking. Although Miranda warnings should be provided before extensive questioning as to one's consumption of alcoholic beverages. If you are charged with Driving under the Influence, you should consult with an attorney immediately.
The police have the right to perform a precautionary pat-down search of an individual for weapons. Normally, probable cause (a legal concept of good reasoning for belief that criminal activity has or is occurring) must exist for the officer to search an individual further. Whether it be an individual on foot or a vehicle, if the officer sees what he reasonably believes to be illegal goods or weapons in plain view, then the officer has the right to seize that which is in plain sight. When an officer has stopped a vehicle, he can ask the owner/driver for permission to search the vehicle. You do not have to give permission for the search. If the officer believes that a search is warranted, there are methods for him to obtain a Search Warrant. If the officer receives this permission, the vehicle, including glove compartment, trunk and all areas of the vehicle may be searched.
A search warrant is a document signed and issued by a Judge authorizing the Police to search a particular location or individual in a quest to obtain evidence of criminal activity. The officer first presents to the Court a request for the warrant usually in the form of a probable cause affidavit wherein the officer recites his determination that a warrant is necessary and likely to result in discovery of sought evidence. The Court usually holds a hearing for presentation of this evidence necessitating the issuance of a warrant. Once satisfied, the Judge then signs the Search Warrant authorizing the search.
After an officer arrests a person, the officer consults with the Prosecutor or State Attorney, depending on jurisdiction concepts, and files charges against the Defendant. The Defendant then is given an Initial Hearing or Arraignment, wherein the charges are presented and certain rights are given. This should occur within 2-3 days following arrest. The Court in addition to advising of the charges pending and rights, such as right to speedy trial, right to jury trial, right against self-incrimination, will determine if the individual will retain private counsel or qualifies for a public defender. The Court may also look at the bond amount, including whether to raise or lower the amount. A pre-trial conference then is scheduled. In some jurisdictions the Court may set a preliminary hearing wherein the State must present minimal evidence showing a reasonable suspicion of criminal conduct to justify the case going forward. Following any procedural hearings, the matter finally reaches a trial setting. Trial may be before the Court, wherein the Judge alone determines guilt or innocence, or before a Jury, wherein citizens chosen determine the outcome.
A jury trial is the process where a number of citizens from a community are called in to serve jury duty. Each is questioned as to their qualifications to serve on the jury. Sometimes the Trial Judge will do all the questioning, however, usually the Prosecutor and the Defense Attorney will take turns questioning prospective juror. Each side has right to strike, or excuse as jurors, anyone that meets certain statutory criteria, i.e., for cause. Each side gets a certain number of peremptory strikes, meaning each can excuse a prospective juror for whatever reasons. The jury then hears the case and following receipt of jury instructions and closing arguments by counsel, retire and deliberate the guilt or innocence of the defendant.
Most jurisdictions are overloaded with cases. If every case that was filed actually ended up being tried, the backlog of cases could be enormous and the delay rather lengthy. The Prosecutor and the Defense Attorney will determine the strengths and weaknesses in the case and particular beliefs as to how the Court may react to the specifics of that case. Negotiations take place wherein an agreement is reached regarding the outcome of the case. If the Defendant accepts the offer, then a document is filed with the Court setting forth the terms of the plea. Sometimes, there is a strong likelihood that a jail sentence will result from a conviction based on the facts of the case, Defendant's criminal history (prior arrests & convictions), and sentencing tendencies of the Judge. A plea agreement may be reached wherein this jail possibility can be avoided. A plea may involve the conviction of a lesser charge. Plea Bargaining is a necessity in most jurisdictions. However, it should only take place after careful examination, discussion & evaluation of the case has occurred, and the strengths and weakness of the case have been evaluated with you and your attorney. When there is a Plea Bargain, the result is a conviction, same as a trial has a guilty finding. The difference is that the parties have attempted to minimize some aspects pertaining to the outcome of the case.
This is similar to the procedure for a search warrant. However, instead of asking for permission to search, the officer is presenting evidence of probable cause to believe that a particular individual has committed a particular offense. The Court will also conduct a hearing and if probable cause is found, reasonable belief that the person committed the alleged offense, then a warrant will be issued for that individual's arrest. The Judge often will suggest the initial bail amount.
Normally, a search warrant is necessary to authorize a search of a home or other dwelling. In certain emergencies your home may be subject to search without a warrant or your consent. Case law generally describes situations where belief exists that someone may be trying to destroy or remove evidence. If the police have entered your residence based on consent to enter being given or other valid reasons to be present and they observe illegal goods that are in plain sight, then that immediate area may be searched. If you are being taken into custody in your home and the officer does not possess a search warrant, the officer is still permitted to search the immediate or limited area in which you are at the time of the arrest. Other rooms, and possibly other areas of the room you are in, are off limits. Certain situations would allow the officers to search the entire residence looking for other suspects but not necessarily evidence.
When you are detained, that is your freedom to leave or move about is restricted or forbidden, you have certain rights. You have the right to remain silent and not answer any questions. Anything that you do say may be used against you. You have a right to an attorney to be present while you are being questioned. If you cannot afford a lawyer one will be provided to you. If the officer believes that you are subject to a criminal investigation, he has a duty to advise you of these rights. These are what we typically refer to as Miranda Warnings. In most situations you do have to provide your name, address, and possible identification such as drivers license if requested. Any detention of you has to be reasonable in duration. You should discuss with your lawyer any questioning by the police so that a determination can be made as to admissibility (whether statements can be heard in Court against you).
If you are arrested and charged with a crime, particularly a serious crime, you should consult with an attorney immediately. Criminal charges and convictions can carry jail sentences, monetary assessments, restrictions on your rights and future rights. A lawyer is trained and often has vast experience in knowing what elements constitute an offense and can determine whether there are defenses that may be raised on your behalf. Local or State Rules may restrict a lawyer as to possible defenses if they are not raised in a timely manner. A lawyer can advise you or your family or friends as to the nature of the charges, penalties and bail process.
You have the right to be subject to bail except in certain situations. Bail is the setting of an amount of money or other security deposited with the Court to ensure that you will appear in Court as scheduled. It is set according to a schedule. The factors used and the amount of the bail may vary from jurisdiction to jurisdiction. Generally, these factors include your prior criminal history, prior failure to appear in Court including traffic cases, your ties to the community, your employment history, whether you own your home, whether you have a telephone in your name, and whether you are a risk to flee or a risk to the community based on the alleged offense. Usually the more serious the pending charge and weighted responses to these factors will result in a higher bond amount. For many, your bond may be an O.R., (released on your own recognizance based on a promise to reappear). A Judge or Bail Commission believes you will appear as ordered. Otherwise, bail can be a set amount which is paid to the Court through the Sheriff or Clerks office if you appear and the case is concluded you would receive back all but a administrative amount of the money posted. Bail may be in the form of a surety, in which a bondsman would posts the bond, where you only have to pay a percentage of the amount, but you will not get any back at the conclusion of the case. If you fail to appear at a scheduled court hearing your bond can be revoked and forfeited. If a bondsman is involved, the bondsman then will attempt to locate you and whoever posted the bond will be charged the full amount of the bond. Often at the outset of a case, your lawyer will attempt to get your bond reduced or changed based upon the filing of petitions with the Court. A hearing may be set by the Court to review the bond or release conditions. The Court can set certain restrictions or conditions upon the defendant in addition to the amount of the bond.