Richard Kammen and Associates specializes in handling serious criminal cases and has a long track record of success. The Firm's "low-volume, high-effort" approach has a well-earned reputation for obtaining the best possible results for its clients.

Every year since 1985, Attorney Richard Kammen has been named one of The Best Lawyers in America and, every year since 2003, an Indiana Superlawyer. He is certified to be Lead or Learned Counsel in Death Penalty Cases in both State and Federal Courts.

Contact Richard Kammen and Associates today if you need the best legal representation concerning one of the following matters:

• Homicide
• Criminal Defense
• Serious Felony & Misdemeanor Crime, including:
  • Arson
  • Assault
  • Domestic Violence
  • Kidnapping
  • Terrorist Threats
  • Theft (including by fraud or by contractor)
• White Collar Crime
• Drug Offenses, including:
  • Trafficking
  • Manufacturing
  • Possession
• Sex Crimes

A Strong Defense Is Important to Your Case:
Individuals convicted of a crime in Indianapolis, whether through their own admission of guilt or through the determination of a jury, are subject to, among other penalties, fines, imprisonment, probation and community service. Defending your criminal case in the strongest possible way is critical to your freedom and your future.

The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. The skilled attorneys of Richard Kammen and Associates will navigate you through this complicated legal process.

Getting Results in Criminal Cases:
The Indianapolis criminal defense lawyers of Richard Kammen and Associates have the experience and skills necessary to get the results their clients need, as evidenced by the following verdicts:

• State of Indiana v. Wendell Nance: Charged with 13 Counts of RICO, Securities Fraud and perjury. Not Guilty on all Counts.
• United States of America v. Reginald Brown: E.D. Michigan, Federal death penalty case. Defendant charged with four murders. Murder Charges dismissed by the Government shortly prior to trial after a determination that the defendant was innocent.
• State of Indiana v. Roland Webber: State Legislator Roland Webber was charged with State Tax Evasion. He was found not guilty on all counts after a four-day trial.
• United States v. Steven Bush, United States District Court, Southern District of Indiana: Only defendant acquitted by a jury in an eight-defendant drug conspiracy case.

If you or someone you know needs the skilled legal representation of an experienced Indianapolis, Indiana criminal defense lawyer, call Richard Kammen and Associates today at 866-646-0567, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the Internet.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide — killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:
Professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s)
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record. A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to Register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (e.g., prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

If you or someone you know needs the skilled legal representation of an experienced Indianapolis, Indiana criminal defense lawyer, call Richard Kammen and Associates today at 866-646-0567, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked Criminal Law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.  For more information regarding your specific case, please contact Richard Kammen and Associates today at 866-646-0567.

Do I need a criminal defense lawyer?
This is the first and most important question. And the best way to answer this question may be to rely on instinct: if your gut feeling is that you should talk to a criminal defense lawyer, you probably are right – seek advice.

The main reasons prompting the need for a criminal defense lawyer are:

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case.
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning.
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.

If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial — they cannot be used against the suspect.

What are financial crimes?
Financial crimes including check fraud and deposit are among the largest challenges facing businesses and financial institutions today. Financial crime professionals have become increasingly skilled and sophisticated, thanks to advances in readily available technology such as personal computers, scanners and color photocopiers. It has been estimated that the annual losses due to check and deposit fraud are in the billions of dollars. Losses continue to grow steadily as criminals continue to seek ways to earn a living by defrauding others. For the consumer, the amount of inconvenience and anxiety caused by resolving problems with the account, local merchants, as well as possible repercussions with credit bureaus can be considerable. These crimes also affect consumers by means of increased fees they have to pay banks due to the banks having to hire risk identification specialists and purchase specialized software to protect them from further losses.

A lot of counterfeiting is done through desktop publishing and copying to create or duplicate an actual financial document, as well as chemical alteration, which consists of removing some or all of the information and manipulating it to the benefit of the criminal. Victims include financial institutions, businesses that accept and issue checks, and the consumer. In most cases, these crimes are perpetrated by means of someone stealing a blank check from your home or vehicle during a burglary, searching for canceled or old checks in the garbage, removing a check you have mailed to pay a bill from the mailbox, stealing bank statements and expired ATM cards from your home or garbage, as well as other low-tech and high tech methods of acquiring your banking account information.

Professional Profile

If you or someone you know needs the skilled legal representation of an experienced Indianapolis, Indiana criminal defense lawyer, call Richard Kammen and Associates today at 866-646-0567, or complete the contact form provided on this site to schedule your free initial consultation.

FIRM ADDRESS:

Richard Kammen and Associates
One Indiana Square, Suite 150
Indianapolis, IN 46204
Phone: 866-646-0567
Hours: M-F, 8:00AM-5:00PM.
Inquiries accepted 24 hours a day.
Se habla Espanol.

MEMBERS OF THE FIRM:

Richard Kammen, Attorney

EDUCATION:

• New York University School of Law, 1971
• Ripon College,  BA, 1968
  

COURTS ADMITTED:

• Indiana
• Northern and Southern District Courts of Indiana
• U.S. Supreme Court, 7th Circuit Court of Appeals
• Several Federal Districts including Eastern District of Michigan and Middle District of Tennessee

PROFESSIONAL MEMBERSHIPS:

• National Association of Criminal Defense Lawyers (Board Member for two terms)
• First Amendment Lawyers Association
• American, Indiana and Indianapolis Bar Associations
• Indiana State Bar Pro Bono Award, 1986

PRACTICE AREAS:

• Homicide
• Criminal Defense
• Serious Felony & Misdemeanor Crime, including:
  • Armed Robbery
  • Arson
  • Assault
  • Burglary
  • Domestic Violence
  • Kidnapping
  • Terrorist Threats
  • Theft (including by fraud or by contractor)
• White Collar Crime
• Drug Offenses, including:
  • Trafficking
  • Manufacturing
  • Possession
• Sex Crimes

Shannon Wallace, Attorney

EDUCATION:

• Louisiana State University School of Law
• University of Kentucky      

COURTS ADMITTED:

• Indiana
• Northern and Southern Districts of Indiana

PROFESSIONAL MEMBERSHIPS:

• Indiana and Indianapolis Bar Associations