Understanding the Criminal Justice System
While many of us might casually use the word “infraction” to mean any number of different types of actions that could be considered crimes, under Indiana law the word as a specific meaning. An “infraction” in Indiana is defined as “a violation of a statute for which a person may be fined but not imprisoned.” Examples of infractions in Indiana include littering, obstructing traffic, and failing to return library books – clearly, very minor things.
Police in Indiana have broad powers to arrest individuals when they believe the person has violated the law. While infractions are technically “offenses” along with felonies and misdemeanors, they are considered the most minor type of offense, and are not considered “crimes.” As a result, in the vast majority of infraction cases, the individual is not arrested.
That doesn’t mean that police will never arrest someone and then charge them with only an infraction. Generally speaking, if an officer decides to arrest you – even if it’s for an infraction – the best course of conduct is not to resist. Resisting an arrest, even if it’s for an infraction and even when in your mind the arrest is bogus, can lead to far more significant charges and possible jail time. In that case, you should take our general advice to not answer police questions until you have a lawyer present.
If yours is one of the highly unusual cases where police have arrested you for an infraction, call Razumich & Associates for help. While it’s very likely you’ll be released quickly, we can help you if you’re being detained, and after can review the circumstances leading up to your arrest to determine whether it was proper under the circumstances.
At Razumich & Associates, we defend clients in Indiana who have been accused of all levels of offenses. While in the normal course, most infractions can easily be disposed of by paying the fine, every case is different and if you were arrested and then charged with only an infraction, contact us to review your case. We can be reached at 317-449-8658, or use our contact form to schedule a consultation.
