David M Seiter

David M Seiter

Experienced Lawyer/Former Judicial Officer in Central Indiana
  • Criminal Law, DUI & DWI, Juvenile Law...
  • Indiana
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Claimed Lawyer ProfileQ&A
Summary

I was admitted to practice law throughout the state of Indiana in 1998. As a general practice lawyer, I have experience in both criminal and civil law. I practiced law for over 14 years and built a successful private practice before serving as a judicial officer in Marion County, Indiana for 3.5 years.   As a judicial officer, I was assigned to the Arrestee Processing Center (APC) and major felony drug court where I focused my efforts on problem solving and reducing recidivism through offender education efforts. Returning to private practice in October, 2016, I expecs to incorporate the lessons I learned from the judiciary in assessing the strengths and weaknesses of my client’s cases. I have major felony trial & appellate advocacy experience. While many lawyers will spend an entire career and never have the opportunity to argue before the Indiana Supreme Court, I've done so three (3) times. Those decisions have helped shape Indiana law in the areas of Operating a Vehicle while Intoxicated and Habitual Traffic Violator offenses. In 2013, I retired as a field grade officer in the U.S. Army Reserves after serving for 25 years.  Originally enlisting as a private out of high school in 1988, I was later commissioned through ROTC as a Second Lieutenant in the Military Police and completed the U.S. Army’s Airborne school.   I served as a commander of the 384th MP HHC in Fort Wayne, IN, before transferring to the Judge Advocates General (JAG) Corps in 2000 where I served the remainder of my Army career as a military lawyer.    In 2003, I deployed to Iraq as a JAG officer with the 800th Military Police Battalion in support of Operation Iraqi Freedom.   I was assigned to the Coalition Provisional Authority (CPA) in the Iraqi Ministry of Justice where I served as the “ombudsman” for juvenile and female detainees.   I earned the Bronze Star during my deployment for a variety of accomplishments.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • Personal Injury
  • White Collar Crime
  • Military Law
  • Family Law
  • Traffic Tickets
Fees
  • Free Consultation
    If you are hiring a lawyer, then you have an issue that is very important to you in your life. It is therefore important, that you find the right lawyer who you are comfortable with. I offer a free consultation so you can judge whether or not I am the right lawyer for you before you hire me .
  • Credit Cards Accepted
    Visa, Mastercard, AMEX, and Discover.
Jurisdictions Admitted to Practice
Indiana
Languages
  • English: Spoken, Written
Professional Experience
Attorney (Of Counsel)
CATE, TERRY, AND GOOKINS, LLC
- Current
Adjunct Professor- Substantive Criminal Law
- Current
Judicial Officer (Commissioner)
Marion County Courts
-
Attorney (Of Counsel)
GARRISON LAW FIRM, LLC
-
Attorney
STRODTMAN & SEITER
-
Judge Advocate Officer
US Army (OIF)
-
Attorney
STRODTMAN & ASSOCIATES
-
Bailiff
Marion County Superior Court 10 (Judge Richard Huston)
-
Education
Indiana University - Indiana University/Purdue University at Indianapolis
J.D. / Law
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Honors: Winner of the 1998 Client Counseling Competition
Western Michigan University
B.S. / Criminal Justice, Political Science
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Honors: Magna Cum Laude
Awards
Finalist for "Indy's Best and Brightest"
Junior Achievement
Bronze Star
U.S. Army
Awarded for Meritorious service while in Combat. During Operation Iraqi Freedom, I served as the liaison for female and juvenile detainees and helped reorganize the juvenile justice system in Baghdad while assigned to the Iraqi Ministry of Justice under the Coalition Povisional Authority.
Professional Associations
Indiana State Bar
Member
Current
Indianapolis Bar Association
Member
- Current
Reserve Officers Association
Member
- Current
Speaking Engagements
Service Member Civil Relief Act, Marion County Judges, Indianapolis, IN
Marion County Courts
Certifications
Admitted to Indiana Bar
Indiana State Bar
Websites & Blogs
Website
Cate Terry & Gookins, LLC
Legal Answers
2 Questions Answered

Q. What is the criminal offense code for Burglary in the state of Indiana, and what would be the court process ?
A: The Indiana Code Statute for Burglary is I.C. 35-43-2-1. While it is true that court policies and procedures change from county to county and court to court, below is a general outline of the criminal court process: 1. Police have probable cause to believe the defendant committed a crime. They will either arrest the defendant outright or file a probable cause affidavit with the court and the Court issues a probable cause affidavit for the person's arrest. 2. Once the person is in custody, the Court will hold an initial hearing. At that hearing, the Defendant will be advised of the charge against him/her, the minimum and maximum penalties that are possible, and his/her Constitutional rights. The Court will also determine if the Defendant is indigent (poor) or whether they can hire an attorney. If the Defendant cannot afford their own attorney, the Court can appoint a public defender. Finally, the Court will set a bond (even if he she is released, they are still considered to be "on bond"). 3. The Court will set an Omnibus date which is a deadline for attorney's to file certain motions. They will set a trial date and usually one or two pre-trial conference dates. In most courts, you are expected to show for your pre-trial conference dates and trial dates as well as any pre-trial hearings (see below). Your attorney can best advise you as to what you need to appear to. 4. Prior to trial, the attorney will conduct discovery and find out how strong the case is against the Defendant. This could include depositions, sworn statements, and reviewing documents in the prosecutor's file. The State is required to turn over exculpatory evidence (evidence helpful to the Defendant). Each side will present the court with a list of their witnesses. If there are discovery conflicts, motions to dismiss, motions to suppress evidence, etc., the Court will typically set the matter for a pre-trial hearing. 5. As the case proceeds, the attorneys will discuss how to resolve the case. The case will be resolved one of three ways: 1) The State dismisses the case. 2) The parties reach a plea agreement or 3) the parties go to trial. 6. There are two types of trial: 1) Jury Trial-- citizens from the community hear the facts and decide guilt or innocence; or 2) Bench Trial- the Judge will hear the facts and decide guilt or innocence. 7. If the Defendant is found guilty either because of a plea or trial, the Court will hold a sentencing hearing and the court is required to sentence the defendant either pursuant to the plea or within the sentencing guidelines established by the legislature. I hope this guide was helpful to you in understanding the process.
Q. Is it alright for a 13 year old girl to be in a relationship with a 19 year old boy under the law of Indiana
A: I assume that your question is asking is it "legal" for a non-sexual relationship. There is nothing illegal about a 19 year old and 13 year old who socialize. However, obviously you recognize the red flags that this could lead to sexual relationship. Therefore, as a matter of proper parenting, this is not "alright". The age of consent in Indiana is 16. Therefore, the law assumes that any child under the age of 16 cannot consent to sex. This is where the term "statutory rape" applies. Sex may not be against the 13 year old's will but the statute will require court to find that it is without consent. Additionally, sexual conduct is not limited to intercourse. Sodomy or fondling of a 13 year is still a crime. Sex crimes are listed under Indiana Code, Section 35, Article 42, Section 4 (IC 35-41-4 et. seq) If you have additional questions, please contact an attorney practicing criminal law in your area. Many firms, such as mine, offer free initial consultations.
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Contact & Map
CATE TERRY AND GOOKINS
301 E. Carmel Drive
Suite C300
Carmel, IN, IN 46032
USA
Telephone: (317) 564-0016