David M Seiter

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.

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Indiana

Since 1998

Attorney (of Counsel)

Riley Cate, LLC

2021 - Current

11 Municipal Drive, Suite 320, Fishers, IN 46038

Adjunct Professor- Substantive Criminal Law

Indiana University - Indiana University/Purdue University at Indianapolis

2016 - Current

Attorney (Of Counsel)

CATE, TERRY, AND GOOKINS, LLC

2016 - 2021

Judicial Officer (Commissioner)

Marion County Courts

2013 - 2016

Attorney (Of Counsel)

GARRISON LAW FIRM, LLC

2005 - 2013

Attorney

STRODTMAN & SEITER

2004 - 2005

Judge Advocate Officer

US Army (OIF)

2003 - 2004

Attorney

STRODTMAN & ASSOCIATES

1998 - 2003

Bailiff

Marion County Superior Court 10 (Judge Richard Huston)

1995 - 1998

Indiana University - Indiana University/Purdue University at Indianapolis

J.D. | Law

1994 - 1998

Honors: Winner of the 1998 Client Counseling Competition

Western Michigan University

B.S. | Criminal Justice, Political Science

1990 - 1992

Honors: Magna Cum Laude

Finalist for "Indy's Best and Brightest"

Junior Achievement

2007

Bronze Star

U.S. Army

2004

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.

Hamilton County Bar Association

Member

2016 - Current

Indiana State Bar

Member

1998 - Current

Indianapolis Bar Association

Member

1998 - Current

Reserve Officers Association

Member

1992 - Current

Civil Forfeitures for Criminal Defense Attorneys, Downtown Lawyers CLE, Columbia Club

November 2020

A review of Civil Forfeiture law geared for Criminal Defense Attorneys who are working with clients whose property has been seized by law enforcement.

How to Expunge Criminal History, American Legion, 852 W. Main St., Carmel, IN

February 3, 2017

American Legion Post #155

Prepared and presented a 30 minute seminar on the Indiana laws concerning expungement of criminal history.

Service Member Civil Relief Act, Marion County Judges, Indianapolis, IN

May 13, 2016

Marion County Courts

Admitted to Indiana Bar

Indiana State Bar

Q. How many prior felony convictions do you have to have before a habitual felony offender can be filed?

February 16, 2017

A: For Level 1-4:

1) person has been convicted of two

2) prior unrelated felonies; and at least (1) of the prior unrelated felonies is not a Level 6/Class D Felony.

For Level 5:

1) Person convicted of two

2) Prior unrelated felonies; and at least one (1) of the prior unrelated felonies is not a Level 6/Class D Felony and

3) if the person is alleged to have committed a prior unrelated Level 5/Class C or Level 6/Class D Felony then not more than 10 years have elapsed between the tie the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

Level 6:

1) the person has been convicted of THREE

2) prior unrelated felonies; and

3) if the person is alleged to have committed a prior unrelated Level 5/Class C or Level 6/Class D Felony then not more than 10 years have elapsed between the tie the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

The State may not seek Habitual enhancement if the current offense that is a misdemeanor that is being enhanced to a felony in the same proceeding as the habitual offender proceeding solely because the person has a prior unrelated conviction. However, a prior unrelated felony conviction may be used to support a habitual offender determination even if the sentence for the prior unrelated offense was enhanced for any reason, including an enhancement because the person had been convicted of another offense. ... Read More

Q. How much time does a habitual felony offender enhancement carry?

February 16, 2017

A: If the offense being enhanced is a Level 5 or Level 6, the enhancement is an additional 2-6 years. If the offense being enhanced was a Level 1-4, the enhancement is 6-20 years. (See Ind. Code 35-50-2-8).

Q. What is the criminal offense code for Burglary in the state of Indiana, and what would be the court process ?

October 5, 2016

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. ... Read More