Can I Get Arrested For My Friend’s Drugs?

Let’s say you were at your friend’s apartment, and the cops are called. If your friend has drugs there, do you think you would get in trouble for them too? Well, it could happen. The crime is known as being in a “place of common nuisance”, and you can be arrested for it just for being near someone who has possession of drugs or narcotics.

Continue reading to learn more about what it means to be in a place of common nuisance, and what you need to do if you are ever faced with the criminal charge in Indiana.

Indianapolis Drug Possession Lawyer
Indianapolis Drug Possession 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:

Rachel is on vacation in New York City with her best friend, Ann. 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 or use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Rachel and Ann 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.

Get a Plan in Action for Unbeatable Criminal Defense for Drug Crimes in Indiana

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your drug possession charges in Indianapolis, Indiana. He will stop at nothing to protect your rights and preserve your freedoms after being charged with possession or place of common nuisance. 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
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law | Tagged , , , , , , | Comments Off on Can I Get Arrested For My Friend’s Drugs?

Is it Illegal to Insult a Cop?

If a person insults a police officer, can they be cited, detained, arrested, or charged with a crime? Continue reading to find out what might happen after insulting a cop to their face in Indiana.

Indianapolis Disorderly Conduct Attorney 317-636-7514
Indianapolis Disorderly Conduct Attorney 317-636-7514

What Happens After Insulting a Police Officer

Would you dare insult a cop? Flip them off, call them pigs, or even scold obscenities that can be construed as threats of violence? Well, we hope you would not, because it can in fact get you in trouble, depending on certain factors, and of course, how thick skinned or tolerant the cops are. So, although it is not technically illegal to insult a cop, there are some circumstances in which certain kinds of insulting remarks or behaviors can land a person in court.

The Middle Finger

The middle finger has been a long-known pejorative gesture that is meant to imply insult. By flipping the bird to a police officer, you are not breaking the law. You are, however, putting yourself in the spotlight. Cops might decide that your vulgar attitude and bold behavior are indicative of public intoxication, disorderly conduct, suspicious behavior, or something else they can stop you and question you about.

Slurs and Name Calling

Calling a cop a name, such as pig, rent-a-cop, or curse word, or ridiculing their authority, is also not considered criminal activity worthy of an arrest and conviction. In fact, there have been several instances in which local and state laws have been struck down in court; laws that allowed cops to arrest someone for “verbally challenging” them with insults just like these. However, insulting a cop with vulgar name calling or deriding their authority can provoke them, and lead to you being stopped and questioned. Although it might not end in an arrest, it will take a lot of time out of your day, and being in the hot seat is very uncomfortable. Furthermore, if you are combative or uncooperative, the cops can arrest you for disorderly conduct. So, be careful starting a fight with a cop because they almost always win, at least until court.

Fighting Words

As for more severe insults, like the F-bomb and similar aggressive insults, these can be deemed verbal challenges, or “fighting words”, which can lead to an arrest for disturbing the peace or threatening a police officer.  For example, telling a cop “F-YOU” is considered violence-inciting.

Call an Indiana Criminal Defense Lawyer if You Get in Trouble With Cops

If you get in trouble with the cops for disorderly conduct or disturbing the peace, you need a licensed Indianapolis criminal defense lawyer working on your case right away. 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 law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law, Disorderly Conduct | Tagged , , , , , | Comments Off on Is it Illegal to Insult a Cop?

Possible Penalties and Convictions for Making Counterfeit Money

When you are breaking the law, you usually know it. But what you can’t accurately imagine are the possible penalties for your crimes if ever caught and convicted. As for counterfeiting U.S. money, the scope of consequences and convictions are considerable. If you are currently producing fake United States currency, or have been recently indicted on counterfeiting charges, it is in your best interest to learn what might come of your arrest if convicted in the end.

Continue reading to learn more about counterfeit money offenses and possible penalties, including where to get the aggressive criminal defense you need to avoid a white collar conviction, or in the least, a jail sentence.

Indianapolis Counterfeiting Lawyer
Indianapolis Counterfeiting Lawyer 317-636-7514

White Collar Crimes

The offense of counterfeiting United States money falls under the category of white collar crimes. Such crimes are those that generally involve illegally draining the revenue and profits of a business or local economy. Common examples include extortion, money laundering, insider trading, and of course, counterfeiting. When it comes to counterfeiting white collar crimes, forgeries of currency are the most common, but it can also include other types of crimes, such as car parts, watches, handbags, electronics, clothing, pharmaceuticals, and more.

Penalties for Money Counterfeiting

The penalties and convictions for money counterfeiting crimes in the United States vary from state to state, and depend on several other factors, such as the severity of the crime and quantity of funds counterfeited. In all cases, counterfeiting money is a federal level offense, also known as a felony.

Here in Indiana, the possible level of offenses and penalties for forging U.S. currency are as follows:

💰 Forgery – Level 6 Felony – 2 to 9 Years in Prison – Up to $10,000 Fines

💰 Counterfeiting – Level 5 Felony – 6 Months to 3 Years in Jail – Up to $10,000 Fines

*Indiana Code Section 35-43-5-1 and 35-43-5-2 (Forgery/Counterfeiting)

Using Counterfeit Money

The act of producing and distributing forged U.S. currency is a Federal offense. So is the act of using counterfeit money; that is, if you are aware that it is fake. This is known as intentional fraud, which is a felony, the same as manufacturing counterfeit money. If you discover that you are in possession of forged currency, even if you unintentionally used some, notify authorities (a bank or police) immediately to avoid legal repercussions. A person can only be convicted of manufacturing or using fake money if it can be proven beyond a doubt they did so knowingly.

If federal agents suspect you of committing the crime of money currency, they will indict you on such charges, and then obtain a legal order to confiscate any and all personal belongings and equipment suspected of being used to commit the crime, including all electronics. Your first priority at the moment of being arrested or indicted on money counterfeiting charges is to remain silent and obtain legal counsel as soon as possible. A white collar lawyer in Indiana can build a strong defense and help you evade conviction or the maximum penalties.

Where to Find a Skilled Criminal Defense Lawyer in Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your Indiana white collar crime case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law, White Collar Crimes | Tagged , , , , , , | Comments Off on Possible Penalties and Convictions for Making Counterfeit Money

Can My Civil Case Lead to Criminal Charges?

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

Indiana Criminal Defense
Indiana Criminal Defense 317-636-7514

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law | Tagged , , , , , | Comments Off on Can My Civil Case Lead to Criminal Charges?

Do I Have to Consent to a K9 Sniff Search?

In the criminal defense field, defendants always have questions and concerns regarding the legalities of open-air K-9 dog sniff searches. The truth of the matter is, K-9 dog sniff searches do take place, and often enough. Moreover, the facts surrounding these stops and searches are complex and ambiguous. The specifics of every traffic stop and dog sniff case are factually different. For this reason, it is imperative to consult an experienced criminal defense attorney for a better understanding of the law and how it pertains to your case.

Continue reading to learn when and why a cop can perform a K9 dog sniff search, and what you need to do if facing criminal charges as a result.

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

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop. However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist.  This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law: 1) There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop, and 2) once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search.

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further. But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrant-less K-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Talk to a criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. You have a stronger chance at dismissing or reducing your charges with the help of a seasoned legal defense team.

An Indianapolis Criminal Defense Law Firm at Your Service

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indiana. Our Indianapolis criminal defense law firm offers free initial consultations for anyone who wishes to discuss their recent criminal charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law, Traffic Offenses | Tagged , , , , , | Comments Off on Do I Have to Consent to a K9 Sniff Search?

What are the Different Phases of a Criminal Case?

The criminal prosecution process is just that; a process that unfolds itself in a series of consecutive phases. If you are facing criminal charges, you will soon become a part of this predictable procession of events. Continue reading to learn the basic stages of a criminal case, starting with the arrest. This information can help prepare you for what’s to come, as well as, give you the knowledge you need to starting building a strong defense.

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

Arrest

An arrest is the very first phase in the criminal prosecution process. A person can be arrested physically, or issued an arrest warrant in which they would have to legally surrender to authorities within a specified period of time. Once a person surrenders to an arrest warrant, they are then physically arrested and booked into the jail where they will await their arraignment.

Arraignment

The next stage in the criminal prosecution process is the defendant’s first court hearing, also known as an arraignment. During this court appearance, the judge reads the defendant’s charges, and asks them to enter a plea of “no contest”, “guilty”, or “not guilty.

Although most criminal prosecutions come to an end once a defendant accepts a plea deal, or plea bargain, there are several criminal cases that go to trial and beyond. When a plea bargain is accepted, the defendant agrees to plead guilty to the criminal charges. In exchange for their guilty plea, the prosecutor typically offers a reduced conviction or sentence. See our blog, “Is a Plea Bargain the Same as a Plea Deal?” to learn more about plea deals.

Also during the arraignment, the judge generally addresses bail and schedules future court dates. Many arrestees are granted bail, and can post their bond. Some are required to stay in jail until the criminal case is over.

Preliminary Hearing or Grand Jury Indictment

For federal criminal cases, charges are brought forward with a grand jury indictment. Most often, criminal charges are brought forth by a “bill of information” obtained by a preliminary hearing, also known as a preliminary examination. On a state level, either method can be used at the state’s discretion. Both types of hearings are held for the purpose of establishing the existence of probable cause, and for both parties to make their arguments.

Pre-Trial Motions

Pre-trial motions are used by both parties to resolve any lingering issues, as well as, determine the evidence and testimonies that will be admissible during trial.

Trial

The trial is the heart of the criminal prosecution process. At a defendant’s trial, the judge (or jury) will hand down a verdict, finding them guilty or not guilty. In order to be handed down a guilty verdict, the prosecution must prove, beyond a reasonable doubt, that the defendant is guilty of the purported crime or crimes. If a defendant chooses a trial by jury, and the jury cannot reach a unanimous decision, the judge will determine it to be a mistrial. In the case of a mistrial, the charges will be dismissed, or a new jury will be appointed.

Sentencing

After a defendant is found guilty at their trial, they will be scheduled a new court date to receive their sentencing. Sentences are the penalties ordered to the guilty party, such as probation, jail time, fines, community service, and more.

Appeal

The last step of the criminal prosecution process does not always take place. If a defendant wishes to fight their conviction, and get it turned over, they must have their legal team file an appeal. Their appeal will be addressed in a new hearing by a higher court, known as appellate court.

Hire a Skilled Criminal Defense Attorney in Indiana Right Away to Fight Your Charges

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. 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 law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Arrest Warrants, Criminal Defense, Criminal Law | Tagged , , , , , | Comments Off on What are the Different Phases of a Criminal Case?

Restrictions to the Indiana Criminal Record Expungement Process

After expunging your criminal records, you can legally deny any past arrests or charges to employers, landlords, and more. But there are certain limitations to criminal record expungement, and for those who wish to conceal their arrest records, it is in their best interest to learn these restrictions ahead of time.

Continue reading to learn the limitations that go hand-in-hand with expunging criminal records, and who to talk to for additional industry advice and professional counsel.

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

A Once in a Lifetime Opportunity

When someone wants to explore their options for criminal record expungement, it is important to first and fully understand that a person can only apply and be granted expungement one time in their entire lives. This means you cannot apply to have additional criminal and arrest records expunged after already having your records concealed in the past.

If you decide to pursue criminal record concealment, be sure that all your paperwork, filing, deadlines, and additional requirements are accurate and in-line. Failing to file even one document, or filing it incorrectly, can instantly eliminate your chances of expunging your criminal history, forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

Criminal History Priors

Once a person has expunged or concealed their criminal history and arrest records, they can legally state they have never been arrested or charged with a crime to landlords, employers, and more. But if this same person is arrested after their records were concealed from the public, for a petty misdemeanor crime, the prosecutor can still pull up their concealed criminal history and see that they have had priors. This bumps their misdemeanor up to a felony, even though the person’s priors were expunged. Although records can be concealed, law enforcement and government officials will forever have access to a person’s “real” criminal records, and it can be used against them in future arrests.

Serious Vocational Roles

Again, even though a person has had their records concealed from the general public, there are certain entities that can access their true records. With this said, there are also certain vocations that a person might not be eligible for if they have a criminal history because these types of employers can also access their true records. Jobs like government positions, schoolteachers, juvenile services, daycare aides, corrections officer, security guards, court administrative jobs, as well as, professionally-licensed jobs like in the medical or legal field.

Where to Get Help With Criminal Record Expungement in Indianapolis, Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for help with criminal appeals and expungement 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.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Law, Criminal Record Expungement | Tagged , , , , , | Comments Off on Restrictions to the Indiana Criminal Record Expungement Process

Can I Get Arrested for an FTA?

Criminal court dates are mandatory. When a person is facing criminal charges, or is involved in a criminal proceeding, they are legally obligated to show up for all court hearings. Missing a court date is referred to as a “failure to appear” or “FTA”, and it is a crime punishable by law. Forgetting or neglecting to appear for court is not like missing a doctor’s appointment.

A person will face serious criminal charges in addition to the ones they were already charged with prior to missing their court date. Without the help of an experienced criminal defense attorney, those charged with FTA will likely be sentenced to the maximum penalties decreed by their state. Depending on where they live and their criminal history, these penalties will vary.

Continue reading to learn more about FTA’s and what to expect if you are facing a similar charge in your town.

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

Bench Warrants

If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

A person must face the judge once again, not only for their past matters, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of the ones they were facing with their original charges. However, the severity of penalties for an FTA generally depends on the seriousness of the original crime a person was charged with. Penalties also vary by state. Look below for an example of misdemeanor crimes and felony crimes.

In Indiana…

Misdemeanor Crimes – A Failure to Appear charge will be penalized as a Class A Misdemeanor if the original crime was a misdemeanor. Class A Misdemeanors are punishable by up to 1 year in jail and $5,000 in fines.

Felony Crimes – FTAs charges are penalized as Level 6 Felonies if the original criminal charge was a felony offense. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $10,000 in fines. Sometimes they can be reduced to Class A Misdemeanors for first-time offenders.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Law | Tagged , , , , , , | Comments Off on Can I Get Arrested for an FTA?

FAQS About Felonies, Misdemeanors, and Infractions

Whether on a state or federal level, all crimes fall under one of three categories of offenses. Each category differs in severity of crime, level of punishments, and much more. We are talking about felonies, misdemeanors, and infractions. Regardless of the particular legal matter you are facing at the moment, it is in your best interest to educate yourself on what your charges mean, and what’s at stake in terms of your freedom.

Continue below to review some of the most frequently asked questions and answers about these 3 categories of offenses, and what you should do if you were just arrested for a crime.

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

What is a Felony?

A felony is any crime on a federal level that is punishable by more than 1 year in jail, and up to $10,000 in fines, but can also include a long list of additional penalties. Level 6 felonies are the least serious of all felonies, while Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses and sits in its own category.

What is a Misdemeanor?

A misdemeanor is a step down from a felony in terms of seriousness, but nonetheless, still very serious. They are state-level crimes that are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Misdemeanors are punishable by up to $10,000 in fines, and up to 1 year, so those convicted will not be sentenced to longer than 12 months in jail.

What is an Infraction?

Infractions are the lowest level of crimes among the three categories. Therefore, they are the least serious and come with less severe penalties. Most often, infractions are penalized in the form of fines, which can range in price depending on several factors, mainly the subject matter of the offense. Examples of common infractions including parking and speeding tickets. In some states, infractions are not even adjudicated in criminal court, and instead, considered a civil matter.

What is a Wobbler?

A wobbler is an offense that is on the border of two categories of crimes. For instance, a Class C misdemeanor can wobble on the border of an infraction, and often times, is reduced to such. The same applies to Level 6 felonies, which can be reduced to a Class A misdemeanor, therefore, making it a “wobbler,”

Do I Need a Lawyer for an Infraction?

Often times, infractions can simply be paid off at the courthouse or local county clerks’ office. For this reason, there is usually not a need for professional counsel. Unless you are facing several infractions at once, or your infractions are false accusations, you likely do not need to hire a lawyer. You can, however, still seek out professional advice from a lawyer before managing your infractions.

What are the Penalties for a Felony Conviction?

Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense. Level 6 felonies are punishable by up to 3 years in prison and up to $10,000 in fines. Additional penalties include parole, probation, community service, rehabilitation, community victim panels, and more.

What are the Penalties for a Misdemeanor Conviction?

Misdemeanors are punishable by up to 1 year in county jail and up to $10,000 in fines. They are commonly ordered with additional penalties, including probation, community service, restitution, victim impact panels, rehab, drug and alcohol classes, and more.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer 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 Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!
Posted in Criminal Defense, Criminal Law, Felony Charges, Misdemeanor Charges | Tagged , , , , , , , | Comments Off on FAQS About Felonies, Misdemeanors, and Infractions

Important Bail Bond FAQS to Review Before Hiring a Lawyer

If you are ever faced with a legal situation that requires you to bail a loved one or yourself out of jail, it is important to have a basic understanding of what to expect. Bailing a friend or loved one out of jail can be frustrating and stressful if you are not prepared, and can even come with some stiff penalties if you fail to uphold your end of the bargain. So, if you have to bail a loved one out of jail, or surrender to an arrest warrant, it is helpful to first read through some common questions and answers about the bail bond industry. Then you can make a call to a criminal defense lawyer to set up a plan after you or your loved one is released.

Continue reading to review the most frequently asked questions about bail bonds.

Bail Bonds Lawyer Indianapolis Indiana
Bail Bonds Lawyer 317-636-7514 Indianapolis Indiana

How Much Does a Bail Bond Cost in Indiana?

This is one of the first questions a person asks when they need bail services. This fact is not surprising, considering it is a huge influence on whether or not bail is an option for someone. Currently in the state of Indiana, bail bond agencies are allowed to charge 10 to 15 percent of the total bond amount assigned by the court to the defendant. If a person were arrested on a minor drug possession charge, their bond could be set at around 5,000 dollars. This is just an example and not accurate. Bond amounts are calculated by examining a person’s criminal history, flight risk, and other variables. It is different for everyone.

Theoretically, if a person’s bond were five thousand dollars, a bail agent charging ten percent would require a fee of 500 dollars.  This ten or fifteen percent fee is non-refundable, but it allows a person to get out of jail before their scheduled court hearing without having to pay the entire $5,000 fine. If they fail to appear for court, they forfeit the rest of the bond amount and a warrant is issued for their arrest.  At that point, they are a repeat offender and may have trouble gaining bail for a second time. This leads into the next question.

Can a Bail Bond Company Refuse Service to Someone?

The answer to this dual question is yes, both ways.  Bail bond agents are a separate business, and can refuse their services to anyone, just as any other privately owned business can. The reason a bail bond company may refuse service to a person is mostly based on their likelihood to flee and not appear for their scheduled court hearings. On top of that, they take into consideration past criminal records and charges, just as the court does when they set a bond amount. If a person seems like a risky client, they will refuse service in order to protect themselves. 

Are Bail Bondsmen Bounty Hunters?

No, bail bond agents are not bounty hunters; especially the ones depicted on television. Bail bond agents are a legal service company that provides helpful assistance to people in need of bail. Bounty hunters are persons who work on their own volition to seek out fugitives and hand them over to the police. In some cases, a bail bondsman can hire a bounty hunter if one of their clients skips out on a court date. 

Do I Need a Lawyer to Obtain a Bail Bond?

A lawyer has the role of defending your criminal charges. Their job is to build an impactful defense on your behalf so you can avoid the maximum penalties for your suspected crimes. Although they can arrange bail for you, but they will not be your surety. What they can do in terms of bail is coordinate with your friends and family to arrange a bail bond agreement and act as your surety to get you out of jail. For this reason, you do not need a lawyer to post your bail, or even surrender to an arrest warrant. However, if you are turning yourself in for a warrant, it helps to have your lawyer on board, prior to doing so. They can help expedite the process, and even make the arrangements on your behalf.

Where to Get Trusted Legal Advice Regarding Your Recent Arrest and Criminal Charges in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis criminal defense attorney, David E. Lewis regarding your arrest and criminal charges. He will stop at nothing to protect your rights and preserve your freedoms after being charged with a crime in Central Indiana. 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
Schedule a Free Consultation Today!
Posted in Arrest Warrants, Criminal Defense, Criminal Law | Tagged , , , , , , | Comments Off on Important Bail Bond FAQS to Review Before Hiring a Lawyer