Elder Abuse Laws in Indiana

Indiana protects 'endangered adults': people 18 or older who, because of mental illness, intellectual disability, dementia or other incapacity, cannot manage their property or self-care and are harmed or threatened by neglect, battery or exploitation (there is no age-60 rule). Battery against an endangered adult is a Level 6 felony (6 months to 2 1/2 years); a Level 5 felony if it causes bodily injury; Level 4 if it causes serious bodily injury; and Level 2 if it causes death. Recklessly using an endangered adult's or dependent's property or services for someone else's profit, or self-dealing by a person in a position of trust, is exploitation, a Class A misdemeanor, or a Level 6 felony with a prior conviction. Neglect of a dependent (including a person of any age with a mental or physical disability) in one's care is a Level 6 felony and higher with injury or death. Knowingly failing to report suspected battery, neglect or exploitation of an endangered adult is a Class B misdemeanor.

Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)

Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.