Tips for Avoiding Arrest at the Indianapolis 500 Race Track

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

It’s that time of year again when race fans from all across the country flock to the Indianapolis Motor Speedway for the annual Indy 500 race and the events surrounding its return. But this year is extra special since it marks the race’s 100th anniversary. Hoosiers have already enjoyed watching the qualifications and taking part in the Armed Forces Pole Day, but we still have the Indianapolis 500 parade and Carb Day to look forward to before the actual race. And although the outcome of the race is unpredictable, the
activities that will take place at the track aren’t.

Every year, the excitement and universal comradery is generally accompanied by a copious amount of grilling out, eating food, and of course, drinking cold beverages, namely alcoholic ones. In fact, Race Day is well-known in the Indianapolis law enforcement circles as one of the highest arrest days of the year. A combination of under-age drinking, public intoxication, disorderly conduct, and even drunk driving are all repeat crimes seen by police every year. If you and your friends are planning a big celebration at the track this year, be sure to review some helpful tips that can prevent an untimely arrest on Race Day.

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Although it is perfectly legal to be intoxicated in public, it is at the discretion of the police officer to determine if a person’s intoxication is a danger or annoyance to themselves or others. For this reason, it is best to act appropriately when drinking in public to avoid being profiled by police. In fact, you might as well accept the fact that you and your group WILL BE profiled by police at the race. That is their job and it is how they keep the track safe and fun for everyone.

Here are some behaviors to avoid so you can avoid being arrested for a PI or other alcohol-related crime, including disorderly conduct, driving under the influence, under-age drinking, and more.

AVOID…

Under-age drinking. Parents of teenagers that are attending the race should discuss the dangers of under-age drinking with their kids. They should also do what they can to make sure their kids and their friends are being safe at the track. Provide rides if you can, and double-check backpacks, coolers, water bottles, and pant-pockets for hidden or disguised alcohol. They will even hide it in their waistbands and underwear. And also call them, or have them check-in, every so often to ensure they are still safe and behaving responsibly. There are thousands of people that attend this race, so you can never be too sure with your teens.

Over-drinking. It is fun to drink alcohol and relax with friends, but it is not fun to be overly-intoxicated. This takes away from your pleasure, as well as, the pleasure of others. But most importantly, it is dangerous. Always drink plenty of water, and an additional water between each alcoholic beverage. This will allow you to feel relaxed and have fun, while also staying alert for the entire day. After all, you want to remember the race!

Drinking and driving. Just two beers or cocktails can put a person over the legal limit. If you plan to “pre-party” before heading down to the track, always designate a sober driver. There will be DUI checkpoints, and the risk of putting yourself, your passengers, and other drivers in danger is not worth it. Once you are at the track, be sure to set up a sober driver for the way home, or plan to take an Über or taxi.

Aggressive or rambunctious behavior. If you are acting in a way that is alarming, annoying, or unsafe for others, or unsafe for yourself, you can be arrested for public intoxication. If you are not drinking, you can still be arrested for disorderly conduct. This also includes starting fights, using an abundance of foul language, making threats, aimlessly wandering around, bothering other patrons, and any other behaviors that are not comfortable for others or safe.

J-walking and other pedestrian infractions. One of the most prevalent offenses that takes place every year involves simple pedestrian laws. Just be sure to abide by all the pedestrian walking laws so you do not bring attention to yourself and your group. Remember, these laws are in place to keep people safe.

Stumbling, swerving, and swaying. If a police officer notices that a person is not walking straight, slurring their words, or falling asleep, they will assume they are intoxicated. And they could make an arrest. Be sure to walk straight, do not slur your words, and remain composed to avoid a public intoxication charge.

Urinating in public. It sounds obvious, but after a handful of drinks, a person might think it’s okay to relieve themselves in a public area other than a restroom or port-o-potty. This is a big No-No. If you choose this behavior and a cop sees you, you will surely be arrested on the spot if you are drunk. If you are sober, they will issue you a citation that will obligate you to show for court, pay a fine, or both.

Tips for Handling an Arrest

If you are faced with an arrest on Race Day, do not fear. Most public intoxication charges are misdemeanors that come with no jail time. You will simply be taken to jail to “sleep it off” and released the next day. The best thing you can do once you are approached by a police officer is tell the truth and cooperate. They will make the process easier and more comfortable for you if you do the same for them. After you are released from jail, consult an experienced criminal defense attorney before pleading guilty or no contest to a judge. They can possibly get your charges reduced, dismissed, or expunged if you are willing to complete educational courses, rehabilitation, or other similar programs.

Arrested at the Indy 500?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with an alcohol-related crime in Indianapolis, Indiana. He is a seasoned and aggressive criminal defense lawyer that can build you a powerful and impactful defense against your criminal charges. If you are arrested at the Indy 500, or in Speedway, IN, call 317-636-7514 for Indianapolis criminal defense you can trust.

Types of Specialized Criminal Courts in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, there are two primary types of court cases, civil and criminal. Most civil cases involve a plaintiff suing for restitution or compensation. Common examples are divorce and child custody cases. In contrast, criminal cases involve enforcing laws and seeking punishment for crimes committed. In civil cases, a person is seeking money, but in criminal cases, the party pressing charges is seeking punishment.

The government, or state, is generally the party that brings criminal charges against a person. Once this happens, the person will go to court to stand trial on the charges. There are three main categories of criminal court, all of which deal with different types of criminal cases. Continue reading to learn about the types of specialized criminal courts in Indiana.

Indiana Criminal Courts

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe. Take a closer look at each type of specialized court system in Indiana:

Felony Court – If a person is charged with a major felony, they will stand trial in an Indiana felony court. A major felony can be anywhere between a Level 5 and a Level 2 felony crime, as well as, murder. However, a major felony may be considered any level felony depending on the county in which the crimes originated. A felony is any crime that is punishable by 1 year or more in jail. For example, if Jack stole a car, he would be arrested for suspicion of car theft. Next, the state would bring felony theft charges against him and then he would go to felony court to stand trial.

Misdemeanor Court – Misdemeanors are lesser offenses than felonies. A misdemeanor is any crime that is punishable by up to 1 year in jail. Common examples of misdemeanor crimes include shoplifting, public intoxication, driving with a suspended license, and so on. Misdemeanors are classified into three classes, from A to C, depending on the severity of the crime and criminal history. The most serious is a “Class A” misdemeanor. If a person is charged with a misdemeanor, they will stand trial in an Indiana misdemeanor court.

Juvenile Court – If a person is charged with a crime, and they are under 17 years old, they will generally stand trial in an Indiana juvenile court. In the case that a crime is a typical juvenile offense, such as trespassing or petty theft, they will remain in the juvenile court system. However, in the case that the crime committed is a serious or egregious offense, minors may be tried as adults in felony court. It largely depends on the state in which the crimes originated.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 when you need an Indianapolis criminal defense lawyer that stops at nothing to protect your rights and preserve your freedoms. With extensive trial and litigation experience, and a drive that never stops, Attorney David E. Lewis will build a strong defense and impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation to discuss your case with an experienced criminal defense attorney in Indianapolis, IN.

The Difference Between Probation and Parole

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Although probation and parole are similar to one another because they are both alternatives to incarceration, they are quite different in detail. The primary difference between the two, which we’ll discuss further later on, is that probation often takes the place of jail time, whereas parole occurs after a person’s early release from prison. But they are also similar in the fact that they both subject an offender to temporary legal supervision and obligate them to follow a set of strict rules.

Continue reading to learn more about the differences between probation and parole.

Probation

After a person is found guilty of a criminal charge, they are sentenced to certain legal penalties. These penalties often include jail time, fines, community service, impact panels, substance abuse classes, and more. Depending on the severity of the crime and the person’s criminal history, a judge may grant probation in place of jail time. Probation is a temporary period of legal supervision, often managed by a jointed probation agency, which allows offenders to show the court they wish to repent and rehabilitate after their conviction.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

During this time, offenders are legally obligated to follow a list of rules, called probation conditions, which include retaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Those on probation are managed by a probation officer, and subject to random warrantless searches and drug tests without probable cause.

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as, complete all court-ordered classes, community service, or rehabs. So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term.

Parole

Parole occurs after an offender is released from jail. Parole comes with the same set of rules and requirements as probation, called conditions of parole. Offenders report to a parole officer on a regular scheduled basis, and subject to all the same conditions of a person on probation. If an offender fails to comply with these conditions, the parole officer will file a report with the parole board, who will then rule as to whether or not the person should go back to jail or sentenced to stricter parole conditions.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a misdemeanor or felony crime in Indiana. He is an aggressive and powerful Indianapolis criminal defense lawyer that retains extensive trial and litigation experience in criminal law. Call 317-636-7514 to schedule a free initial consultation to discuss the best strategy for your defense.

The General Terms of Felony Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

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, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially 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. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.