INFRACTIONS Daniel R. Miller Indiana Prosecuting Attorneys Council Drug Resource Prosecutor

INFRACTIONS New lawyers

Newly elected Prosecutor or newly appointed Chief Deputy

INFRACTIONS Experienced criminal prosecutor with no civil trial experience

INFRACTIONS Litigators with experience in trying infraction cases.

Types of infraction cases Moving violations I.C and

Types of infraction cases Driver’s license violations. I.C , , ,

Types of infraction cases Possession of Paraphernalia I.C and 8.5

Types of infraction cases Fish and Wildlife e.g. I.C , I.C (penalty provision)

Not criminal offenses Infraction cases are CIVIL in nature.

Not criminal offenses Plaintiff: State of IndianaIndiana Rules of Trial ProcedurePreponderance of the EvidenceNo mens rea requirement

Not criminal offenses No advisement of procedural rights

Not criminal offenses No municipal ordinance violations. I.C (c)

The infraction proceeding Complaint and summons

Pleadings AdmissionDenialDeclaration of nolo contendere

Fines are called “judgments.” Class A $10,000 Class B $1,000 Class C $500 Class D $25

Civil trial Waiver of Counsel not required.

Civil trial Criminal advisement by Court not required Right to council Right to trial by jury Right to face witnesses Right to compulsory process Right to have state prove its case Right not to testify

Civil trial No right to appointed counsel The defendant may be required to testify Lower standard of proof

Rules of Evidence still apply Ind. R. Evid. 101(a) Hearsay Relevance Proper foundation Chain of Custody

Double Jeopardy State v. Hurst, 688 N.E.2d 402 (Ind. 1977)

Trial by Jury. Ind. R. Trial P. 38 In writing Not later than 10 days after 1 st responsive pleading Demand trial by jury

Conduct of Jury Trial Batson v. Ohio challenge in jury selection Schumm v. State, 866 N.E.2d 781 (Ind. App. 2007)

Trial by Jury - Penalty “If you find from a preponderance of the evidence that the defendant did commit the infraction as charged and is liable, it is your further duty to assess the damages in an amount not less than zero dollars and not more than $ …”

Conduct of Jury Trial Summary Judgment Motions in limine Jury selection Jury instructions Rebuttal evidence

Contact Information: Daniel R. Miller