Here’s What You Can Do to Improve Your Criminal Case

Your criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges. For this reason, it is vital, for both protecting your rights and preserving your freedoms, to hire a seasoned and qualified attorney to build your defense. However, the fate of your legal proceedings are not entirely reliant on your lawyer; there are things you can do as well to help improve the outcome of your case.

Continue reading to learn what you can do to help your own criminal case, including who to trust to build you a strong and impactful defense to avoid the maximum penalties for your charges.

Indiana Criminal Defense Law Firm
Indiana Criminal Defense Law Firm 317-636-7514

If you are facing criminal charges in Indiana, your fate is mostly in the hands of the state prosecutor’s office since they have complete discretion over giving you a plea deal, and what goes into the agreement altogether. This is another reason why you must choose a seasoned and qualified lawyer for your defense; they are likely to have longstanding relationships with the local prosecution and magistrate community.

When it comes to prosecution giving you a plea deal, there are various factors that influence their decision. Such factors include criminal history, behavioral conduct with law enforcement, substance abuse, severity of crime and whether or not it involved bodily harm to another person, and more. It may seem like there is nothing you can do to alter their decision-making process, but that is not true.

Here are two things you can do that might help your case:

❶ Create a Sentencing Memorandum

Your criminal defense lawyer can draft a document referred to as a “sentencing memorandum”, which basically illustrates an accurate depiction of your life and who you are as a person. Topics to include in this document include your employment, level of education, goals, contribution to the local community, explanation of your criminal history, reason for committing the alleged crime, conduct since the arrest, role as a partner, spouse, parent, or legal guardian, and similar personal details about your life. This document can show the prosecution that you are not defined by your alleged crime, nor a threat to your community.

❷ Gather Character Reference Letters

Another great way to improve the outcome of your criminal case is to gather a collection of character reference letters from important members of your family, friends, co-workers, employers, and local community. These letters should be written by those you trust to be honest, yet supportive of your reputation. Examples of people to ask for character reference letters include employers, teachers, professors, mentors, friends, children, and even religious leaders. Within these letters, you would need to also include forms of verification, such as employment records, school transcripts, college acceptance letters, certificates and awards, attendance logs, doctors’ letters, and more.

Get Aggressive Criminal Defense in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

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Where Can I Search for Nationwide Public Record Information?

You can have access to public records and information on virtually anyone who lives in the United States of America. If you want to access someone’s public records, all you have to do is know where to look. In fact, it is wise to look at your own personal records to ensure your report is correct, and to learn where you can make improvements or set certain restrictions.

Continue reading to learn the best avenues and portals for locating nationwide public records within the country, and who you can trust for reliable legal advice regarding your past criminal records.

Indiana Criminal Record Expungement
Indiana Criminal Record Expungement 317-636-7514

What Do Public Records Show?

Public records are exactly what they sound like; a database that acts as an official reporting of all facts related to a person that are accessible to any member of the community. They generally include personal information on an individual, starting from their birth, and ending with their death. Such records keep track of traffic offenses, contact info, deeds and mortgages, social media info, political party affiliations, owned businesses, owned websites, voter registration, election records, court records, births, deaths, marriages, and of course, state and federal criminal records.

Where to Look for Public Records:

✅ DMV

The local Department of Motor Vehicles is a great place to start if you are trying to locate personal or public information on a person in the country. Or just visit the Indiana DMV Public Records page if you are looking for public records within the state.

✅ County Clerk’s Office

You can also visit your local County Clerk’s Office to request public records on any individual within the local county. You will likely have to fill out some forms, show some identification, and wait a few days for the records to be organized into a document for you. There might also be a small fee.

Criminal Record Improvement

If you perform a background check on yourself, and do not like the information that is available to the public, there may be something you can do about it, so long as you qualify. Talk to an Indiana criminal record expungement lawyer to learn your eligibility for sealing or expunging past criminal and court records from your personal record. They can help you petition for expungement, which upon granting, can improve various aspects of your life, such as employment, housing, loans, and confidence.

Indianapolis Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal or expunge arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation, today.

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How the Law Office of David E. Lewis Sets the Bar High for Criminal Justice

When you are a client of criminal defense attorney, David E. Lewis, you can expect high standards from start to finish. He and his legal team provide professional 24/7 client communication and unparalleled client support. We understand that our clients’ needs don’t revolve around convenient office hours.

This is why we are always available by means of email or phone, and remain prepared to take action whenever our client’s, or their case, calls. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges.

Continue below to learn why the Law Office of Attorney David E. Lewis is the right choice for your criminal defense in Indiana!

David E. Lewis Attorney at Law 317-636-7514
David E. Lewis Attorney at Law 317-636-7514

Our Company Pledge

We vow to never give up or back down. We use every resource in our power to preserve our clients’ freedoms and protect their rights in all ways, including:

☑ Building a Custom Defense for Each Individual Client

We are determined to win an advantageous outcome in court for clients that have been charged or convicted of a misdemeanor or felony in Indiana. He uses his cunning knowledge of law, as well as his extensive trial and litigation experience, to aggressively represent his clients in both state and federal courts.

☑ Keeping Clients Fully-Informed at All Times

Our law firm understands that an arrest in the family is troubling, and everyone has several questions afterwards. This is why we work side-by-side with our clients from start to finish, guiding them throughout the entire criminal process safely and securely, all while working to win them a better outcome in court.

☑ Respecting All Clients & Never Passing Judgement

We recognize that people make mistakes, and sometimes get caught up in the wrong place at the wrong time. The law office of David E. Lewis is committed to being a strong and reliable helping hand that stays firm in order to safeguard our client’s legal rights and re-open doors for them so they may have an opportunity for a second chance in life.

Our Mission

Our hope for all our clients is simple: That they may be reunited with their families and loved ones, and get back to leading a happy and law-abiding life after a distressing arrest. Attorney, David E. Lewis can accomplish this for many people charged with a crime in Indianapolis, Indiana.

Start Today!

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. From there, will develop the best strategies for your defense so that you can avoid the maximum penalties for your criminal charges in Indiana.

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What You Can and Can’t Legally Do When Stopped By a Cop

When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn what you need to know about being stopped by a cop, including how long an officer can detain you without making an arrest and more.

Criminal Defense Attorney 317-636-7514
Criminal Defense Attorney 317-636-7514

Cop Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may request additional documents, including vehicle registration, drivers’ license, car insurance, and title.

How to Conduct Yourself

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indianapolis criminal defense attorney for help.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Indianapolis Criminal Defense 317-636-7514
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What You Need to Know About Aggravating Factors in a Criminal Case

As a person facing criminal charges, it is in your best interest to learn as much as you can about what to expect from the criminal justice process. This is especially important for those facing criminal charges that involve aggravating factors. Continue reading to learn more about aggravating factors, including what you need to do to protect your rights and preserve your freedoms after being charged with a crime in Indiana.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Aggravating Factors

U.S Legal.com defines aggravating factors as, “(…) relevant facts and circumstances that increase the severity or culpability of a criminal act.” In plainest terms, aggravating factors are any facts, conditions, or evidence that increase the severity of penalties or liability for a crime. Aggravating factors will render the harshest penalties for a crime, so long as they can be adequately supported by evidence in court.

A prime example of a crime that involves aggravating factors is a case of battery. For instance, if Bill touches another person in a rude, insolent, or angry manner, he commits the crime of battery and can be charged with a Class B Misdemeanor. However, if Bill commits this same crime, and the victim suffers bodily injury, his crime can be elevated to a Class A Misdemeanor, which comes with harsher penalties, including more jail time. If Bill were to continue to make the circumstances of the crime worse, the same exponential penalty schedule applies.

Hire a Defense Lawyer Immediately

If your criminal charges include aggravating factors, then the law may deem your crime more severe. You will need a hard-hitting Indiana criminal defense attorney who can build you a strong and impactful defense to spare you from the maximum penalties for your charges. Without a skilled and seasoned criminal defense lawyer on your side, you will put yourself at risk of long-term jail time, hefty fines, hours of community service, drug or alcohol classes, and much more.

Indiana Criminal Defense That Doesn’t Back Down

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

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Is a Plea Bargain the Same as a Plea Deal?

If you are facing criminal charges, it is very likely that you will be offered some alternatives to the maximum penalties for your crimes if you plead guilty. Before taking any chances on your rights and your freedoms, be sure to discuss your legal defense options with a trusted criminal defense lawyer who can protect you. In the meantime, it will help you to clear up some confusion regarding guilty and non-guilty pleas, including how the law defines a plea bargain.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Plea Bargains

A plea bargain IS the same as a plea deal; they are legal terms that are used interchangeably to describe the same legal principal or action. In plainest terms, a plea deal is a binding legal agreement in a criminal case made between a defendant and the prosecutor in which the defendant agrees to plead guilty to the original criminal charges (or to a lesser charge or lighter sentence) instead of going to trial.

In order to receive a plea deal, a prosecutor must be willing to offer one. A defendant cannot request a plea bargain for their criminal case. Furthermore, once a defendant agrees to a plea bargain, neither they nor the prosecutor can withdraw the deal. So what do prosecutors offer in plea deals? Generally, the prosecutor will agree to recommend a lighter sentence to the court, suggest that the court drop one or more criminal charges, or agree not to compete against the defendant’s requested sentence.

Plea Deal or No Deal?

So why to defendants prefer to take plea deals instead of going to trial? Because if the defendant chooses to go to trial, the forfeit the plea deal, and risk being convicted of the maximum charges and penalties. However, courts must approve plea deals before they can be handed down to a defendant. So just because the prosecution offers a plea bargain does not mean the court will ultimately approve it for a defendant’s criminal case.

Advantages of plea deals are easy to see; not only will you be given a lesser charge, or have charges reduced or dismissed, you will also be given lighter penalties for your conviction. However, there are also grave disadvantages to accepting a plea bargain, namely waiving some of your constitutional rights, such as the right not to incriminate oneself, the right to a jury trial, and the right to confront one’s accuser. By choosing trial over a plea deal, a defendant preserves these constitutional rights and more.

Furthermore, a plea bargain always results in a conviction, which can also be a severe disadvantage. For example, if you are charged with rape, but you are entirely innocent, you may not want to falsely plead guilty under any circumstances, and then be put on a sexual offender list for the rest of your life. Worst of all, plea deals are not really set in stone. A judge or prosecutor can change their minds once the sentence is being handed down.

Talk to a Trusted Criminal Defense Lawyer

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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The Legal Penalties for Visiting a Common Nuisance

Did you know that your presence alone can get you charged with a crime even if you’re innocent? It’s called “Visiting a Common Nuisance”, which also relates to similar crimes called, “A Place of Common Nuisance” and “Maintaining a Common Nuisance.” Continue reading to learn what constitutes these criminal charges, what they entail in terms of jail time and court orders, as well as, how to avoid being charged with such crimes.

Indianapolis Drug Crime  Lawyer 317-636-7514
Indianapolis Drug Crime Lawyer 317-636-7514

A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Ella is on vacation in New York City with her best friend, Jenny. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns nor use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Ella and Jenny did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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How Indiana Classifies Felony Offenses

If you are facing serious criminal charges, especially ones that are considered “wobblers”, meaning they can be a felony or misdemeanor depending on your plea deal, presiding judge, defense lawyer, and more, it is important that you understand just how our state classifies felony offenses. Continue reading to learn the Indiana classification system used for felonies, as well as, who to trust for aggressive criminal defense that will protect you from the maximum penalties for your particular charges.

Felony Criminal Defense 317-636-7514
Felony Criminal Defense 317-636-7514

What is a Felony?

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, such as fines and community service. The least serious classification of felonies and are casually referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney.

Prior to 2014

Back in 1977, Indiana adopted a legal classification system for felony offenses using an “A” through “D” model, with “Murder” being its own class offense. All felony offense in Indiana, then and now, are penalized with jail time. But in addition to jail time, all classifications were also accompanied with the penalty of paying fines up to $10,000.

Until 2014, the “A-D” felony classification system looked like this:

Murder: 45 to 65 Years in Prison
Class A Felony: 20 to 50 years in Prison
Class B Felony: 6 to 20 years in Prison
Class C Felony: 2 to 8 years in Prison
Class D Felony: 6 months to 3 years in Prison

After July 1st, 2014

In 2014, the 2013 Criminal Code Revision went into effect in Indiana, thus changing the classification system for felony offenses from an alphabetic one to a numerical one.  With “Murder” still being its own class offense, all felonies change from “A – D” to “1 – 6”, with a Level 6 felony being the least serious. Along with the system change, the time in prison changed as well.

After 2014, the “A-D” felony classification system change to this:

Murder: 45 to 65 years in Prison
Level 1 Felony: 20 to 40 years in Prison
Level 2 Felony: 10 to 30 years in Prison
Level 3 Felony: 3 to 16 years in Prison
Level 4 Felony: 2 to 12 years in Prison
Level 5 Felony: 1 to 6 years in Prison
Level 6 Felony: 6 months-2.5 years in Prison

Why the Change?

The primary purpose of the 2013 Criminal Code Revision was to help separate the more violent crimes from offenses known as “victimless crimes”, such as drug and paraphernalia possession. In fact, these changes significantly reduced the penalties for possession of drugs and controlled substances.

For example, if a person was caught with 3 or more grams of cocaine on them prior to the changes, they would have been charged with a Class B Felony, which at the time, was punishable by 6 to 20 years in prison. But after the changes to the criminal code, they would likely be charged with a Level 5 Felony, which is punishable by 1 to 6 years in prison.

Who to Trust for Felony Criminal Defense in Indiana

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your felony crimes. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Schedule a Free Initial Consultation, Today!
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Can I Go to Jail for Keying a Car?

Property vandalism is a crime, and cars are property. What does this mean for someone who got revenge by taking a key to their ex-friend’s ride? It means legal consequences, and even possible jail time. Continue reading to learn how both state and federal law governs and penalizes car vandalism, as well as, what you need to do if you are suspected of a similar crime in Indianapolis.

Indianapolis Vandalism Lawyer 317-636-7514
Indianapolis Vandalism Lawyer 317-636-7514

Keying a Car

Whether your boyfriend was caught having dinner with another woman, or you had a revenge plan against a pal who betrayed you, keying their car is not the right way to get back at them for their moral crimes. Why? Well, you could face some pretty strict consequences if you are caught and prosecuted.

To make matters more risky, even if your friend does not wish to press charges against you, the state still might. Vandalism comes in many forms, but regardless, all forms are illegal, and categorized under “Criminal Mischief” under Indiana Code. The offense is also referred to as “criminal damage”, “malicious trespass”, or “malicious mischief.”

Below, you will find the standard levels of offenses and their subsequent penalties for vandalism in Indiana.

⚖ Criminal Mischief (Vandalism)

Indiana Code § 35-43-1-2: “A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Less Than $750 in Total Damages = Class B Misdemeanor – Up to 180 days in jail – Up to a $1,000 fine;

$750 – $50,000 = Class A Misdemeanor – Up to 1 year in jail – Up to a $5,000 fine;

More Than $50,000 = Level 6 Felony – Between 6 months and 2.5 years in jail – Up to a $10,000 fine;

Also a Level 6 Felony if damage causes substantial impairment of service to the public, done to a public record, or to a law enforcement animal (35-46-3-4.5)

Facing Vandalism Charges in Indianapolis?

If you vandalized property, whether a car or something else, the state has two years to file charges against you. Furthermore, you can also face a civil lawsuit brought on by the victim of the vandalism in order for them to recover additional compensation for their property damages. If you were caught, or have been suspected of, vandalism within the past two years, it would be wise to hire a seasoned criminal defense attorney as soon as possible to avoid the maximum penalties for your vandalism charges in Indianapolis, Indiana.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with a skilled Indianapolis criminal defense lawyer and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

Criminal Defense Lawyer Indianapolis IN
Criminal Defense Lawyer 317-636-7514
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Is Peeping Tom a Real Law in Indiana?

We’ve all heard of a “peeping Tom”; but what does it really mean? And furthermore, is it a real crime recognized by the state of Indiana? These are common questions asked by both suspected victims and perpetrators of privacy offenses. Continue reading to learn what you need to know about “peeping Toms”, including where the term originated from, what the Indiana law says about it, and what you can do if you are suspected of the crime.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

What is a “Peeping Tom”?

The phrase “Peeing Tom” is said to have originated in 11th Century England from Lady Godiva’s infamous nude ride through the streets of Coventry. After ordering the town to close all windows and shutters to avoid seeing her naked, a tailor supposedly named Tom bore a hole in his shutters in order to catch a peek at the Queen. The story goes on to say that the tailor was instantly struck blind, or later died, as a result of his offense.

Although we cannot know the true context of this century-old tale, modern governments do recognize peeping Tom-like crimes. A “peeping Tom” is colloquially defined as an unauthorized person who sneakily looks into a window, door, or other private opening into a dwelling, and spies on an oblivious person (or persons), all for the purpose of sexual pleasure and excitement. In virtually all cases, a peeping Tom is looking onto those who are undressing, in the nude, or partaking in sexual activity with someone else.

The Indiana Law

In our state, the law does have something to say about peeping Toms; it’s called voyeurism. The matter is criminalized in the Indiana voyeurism statute IC 35-45-4-5, which states that a person “who knowingly or intentionally:

(A) peeps; or

(B) goes upon the land of another with the intent to peep;

into an occupied dwelling of another person; or

(2) who knowingly or intentionally peeps into an area where an

occupant of the area reasonably can be expected to disrobe,

including:

(A) restrooms;

(B) baths;

(C) showers; and

(D) dressing rooms;

…without the consent of the other person, commits voyeurism.

Charged With Voyeurism in Indiana?

Indianapolis Criminal Defense 317-636-7514

In Indiana, the penalty for voyeurism ranges from a Class A misdemeanor to a Level 6 Felony, depending on the specific details of the crime. If you were recently charged with a peeping Tom crime, contact a licensed and experienced Indiana criminal defense attorney to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

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