Understanding Your Miranda Rights

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

The American criminal jurisprudence known as the “Miranda Rights”, have been a popular script addition to thousands of movies and television shows ever since the United States Supreme Court ruled on the rights of criminal suspects. For this reason, you may be able to recite a good portion of them already. But it is wise to fully understand your rights as a suspected criminal in the case that it ever happens to you or someone you love. A good place to start is to review the meaning behind your Miranda Rights.

Miranda vs. The State of Arizona

It was a case entitled, “Miranda versus the state of Arizona” that brought about the creation of the modern-day Miranda Rights as we known them. In 1966, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights BEFORE police questioning or interrogation. These rights have mostly to do with the 5th and 6th Amendments. Let’s take a closer look at those, as well as, the exact Miranda Rights as they are read by law enforcement today.

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

The Miranda Rights

1. You Have the Right to Remain Silent. This means you can legally refuse to speak or answer questions about a crime and there is nothing police can do about it.

2. Anything You Say or Do Can Be Used Against You in a Court of Law. This is a very critical warning that tells defendants any incriminating engagement with law enforcement will be used against them in court.

3. You Have the Right to Consult an Attorney Before Speaking to Police, and Have an Attorney Present During Questioning Now or in the Future. This right should be invoked clearly by simply stating you don’t want to answer questions without your lawyer present. After this has been made clear to police, any further interrogation cannot take place.

4. If You Cannot Afford an Attorney, One Will Be Appointed for You Before Any Questioning if You Wish. If you cannot afford a lawyer, a public attorney will be appointed to your case. Always consult your P.A. before answering police questions.

5. If You Decide to Answer Any Questions Now Without a Lawyer Present, You Still Have the Right to Stop Answering at Any Time Until You Talk to a Lawyer. If at any time a person gets uncomfortable during police questioning, they can legally refuse to proceed without consulting their lawyer first. A person can tell law enforcement that they want the questioning to stop until they have a lawyer present.

6. Knowing and Understanding Your Rights as They’ve Been Explained to You, Are You Willing to Answer Any Questions Without an Attorney Present? This question, or one like it, is what police use to get suspects to waive their rights. They generally also ask to sign a written waiver.

Although it is important to know the Miranda Rights, if you are ever confronted by police for questioning, there are two basic rules to remember in order to protect yourself legally: remain silent and ask for a lawyer.

Indianapolis Criminal Defense Lawyer

David E. Lewis Attorney at Law

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

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations and never passes judgement on anyone. If you have been charged with a crime, let Attorney David E. Lewis build a strong and impactful defense for your case to reduce or dismiss criminal charges and convictions. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis criminal defense lawyer you can trust.

A Brief Look at Indiana Public Intoxication Laws

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

St. Patrick’s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards are a common attraction on St. Patrick’s Day, as well as, publically intoxicated patrons. If you have been a veteran celebrator of this holiday, then you have surely seen public intoxication at play and perhaps been guilty of the same thing a time or two.

But did you know that under old Indiana law, anyone that was intoxicated in public was committing a crime? If a person walked into a bar, music venue, or stadium, and had enough to drink to put them even a fraction over the legal limit, they could be legally arrested as soon as they stepped outside on the sidewalk or into the parking lot. Indiana legislature eventually decided this law was unreasonable and unfair. And this is true since most places of business that provide consumer entertainment promote drinking, serve patrons alcoholic beverages, and then force then out to catch a cab or drive home when they close.

Old Law Prior to 2012

The old law stated if a person was over the legal drinking limit in a public place or property, they were committing a crime and subject to arrest. But in May of 2012, Governor Mitch Daniels signed a new law regarding public intoxication that soon went into effect on July 1st. The changes that were made to the old law basically reflected what law enforcement was already doing in terms of managing public inebriation cases. Generally, law enforcement would only arrested intoxicated persons in public if they were causing a disturbance of some kind.

New Law as of July 2012

Although some parts of the statute are vague and subjective, it should give patrons peace of mind knowing they can peacefully walk home or take a public bus without legal consequence, so long as they are behaving responsibly. The new law, Indiana Code 7.1-5-1-3, states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for
public intoxication if they are:

1. Endangering their Life or the Life of Others
2. Breaching the Peace or in Imminent Danger of Breaching the Peace
3. Harassing, Annoying, or Alarming Another Person or Group of People

Keep in mind that, ultimately, law enforcement officers have full discretion as to what they determine, “a breach of peace” and other violations of the statute. So be sure to know your rights for the upcoming holiday so you can be better prepared to have a fun and safe St. Patrick’s Day celebration!

Indianapolis Public Intoxication Charges

David E. Lewis Attorney at Law

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

Call David E. Lewis Attorney at Law at 317-636-7514 if you are facing public intoxication charges in Indianapolis, Indiana. He provides aggressive criminal defense representation for alcohol-related crimes. You have a better chance at getting your charges reduced or dismissed with the help of a knowledgeable and experienced Indianapolis criminal defense lawyer like David E. Lewis! Call 317-636-7514 to schedule a consultation, today.

What is the Brady Bill and How Does it Relate to Gun Control?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

These days, it seems as though national gun-related crimes are gaining frequency every time we turn on the news. And from all these reports and unfortunate events, the inquiry that never fails to arise is a question of whether or not the assailant should have had access to a gun. In the United States, every adult has the right to bear arms, according to our country’s constitution. But in today’s society, it is very easy for a person to lose their right to carry, posses, own, or purchase a firearm.

The state and federal governments can disqualify an individual of these rights based on their criminal record. In fact, there is a term called, Brady Disqualified that is used in gun control law. It is related to the Brady Bill, which we will discuss further in this blog. Continue reading to learn about the Brady Bill and how it relates to gun control in our country.

Brady Disqualifications

The Brady Bill, also called the Brady Handgun Violence Prevention Act, was passed by congress in the mid-1990’s with the help of a man named James Brady. James Brady was an assistant and Press Secretary to Ronald Reagan . On March 30, 1981 in Washington, Brady and Reagan were walking in-between the Washington Hilton Hotel, on their way to the Presidential motorcade. During this walk, a man named John Hinckley Jr. shot Brady in an attempt to assassinate the President. James Brady suffered a gunshot wound to the left eye, leaving him alive, but in serious condition. He was not only blind in the left eye, he also suffered partial paralysis and slurred speech, causing him to spend the majority of his life afterwards in a wheelchair. From that day, Brady and his wife dedicated the rest of their lives lobbying for gun control. They wished for laws to place tight restrictions on handguns and other assault weapons. As a result of their passion and fervency, Brady was able to help facilitate the passing of the Brady Bill.

The Brady Bill altered the political landscape for gun ownership and possession. Any person that wished to purchase a firearm from a federally-licensed importer, manufacturer, or dealer was required to pass a full background check. An FBI-based system called the NICS check, or National Instant Criminal Background Check System, is still used to this day to run these scans. It also placed specific exclusions and restrictions on the right to own, possess, or purchase firearms.

For example, if a person has a criminal conviction that was punishable by a jail term of more than one year, is a fugitive of the law, is a habitual substance abuser, has been adjudicated as being mentally ill or committed to a mental institution, is an illegal alien, has been dishonorably discharged from armed forces, has relinquished citizenship, or was convicted of stalking, harassment, Domestic Violence Lawyer, making threats, or other Violent Crimes Lawyer, they can be Brady Disqualified from owning or possessing a firearm.

In Indiana, in order to be Brady Disqualified under any of the above-mentioned exclusions, there has to be a court order and hearing addressing the specific events that disqualifies a person of their right to bear arms. To undo a Brady Disqualification, a court order is needed. It is best to discuss your rights with an experienced criminal defense attorney. They have the knowledge and resources to accurately assess your case and divulge your rights.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call The Law Office of David E. Lewis at 317-636-7514 for information about Brady Disqualifications in Indianapolis, Indiana. David E. Lewis, Attorney at Law, is experienced in criminal defense that can help you with your legal problems. If you have been charged with a crime that could potentially preclude your right to bear arms, call Attorney David E. Lewis for help with your case. Call 317-636-7514 and schedule a free initial consultation for criminal defense in Indianapolis, IN today.

What You Should Do if You are Pulled Over for a DUI

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

If you are ever out on the town and have had at least two alcoholic beverages, you could very well be over the state legal limit for drinking and driving. This of course depends on several variables, including your weight, the type of alcohol imbibed, the amount of alcohol consumed, the time period in which the alcohol was consumed, and more. In Indiana, any driver that has a blood alcohol content (BAC) of 0.08 percent or more is considered legally intoxicated and guilty of drunk driving. The legal limit drops to 0.04% for commercial drivers, and even lower to 0.02% for underage drivers.

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

David E. Lewis Attorney at Law

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

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive and experienced criminal defense for DUI charges in Indiana. He is a licensed DUI defense lawyer that fights for his client’s rights and the preservation of their freedoms. Schedule a free initial consultation to learn the next steps after being arrested for drunk driving in Indiana. Act fast so that Attorney David E. Lewis can begin building a strong and impactful defense for your case to reduce or dismiss criminal charges. Call 317-636-7514 for DUI defense in Indianapolis, IN you can trust.