Your Social Media Activity Can and WILL Be Used Against You in Court

Twitter, Instagram, Facebook, Snap Chat, and so on. There are numerous social media platforms to choose from. But just because you set your preferences to “private” doesn’t mean your social media is truly protected and hidden from others. Anything you choose to put on the internet is documented forever, and out there for the public to see. And people are now starting to realize this as prosecutors are using social media activity against defendants more and more. And they are doing this within their legal means. Continue reading to learn how social media can be used against you in court.

Social Media is Evidence

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The government, social services, law enforcement, and of course, the court system, can legally use a person’s social media activity as evidence in a court of law or for other case proceedings. These agencies can easily prove that incriminating statements found on your social media pages came from your device and were posted by you by using certain identifying information. This includes your unique IP address, IP history, and Meta Data. This provides dates, times, locations, email addresses, connected accounts, cloud information, and more.

For instance, if you posted an image of you vandalizing school property on Instagram, and later arrested as a suspect for the crime, prosecution CAN and WILL use those pictures as evidence that you are guilty. And the evidence will be admissible in court.

In another example, if a person posts a statement bragging about beating someone up, their post can be used against them to prove that they are guilty of assault. On the other hand, if you were arrested as a suspect for a crime, but your social media places you in a different city or state at the time that the crime took place, you could be dropped as a suspect.

Social Media Advice

Be careful what you post online, especially if you are involved in any type of legal battle. The information you think is private is not private to everyone. And even if you delete posts, they still exist in IP history (which you cannot access and permanently delete either) for quite some time. If you are facing criminal charges, it is best to avoid social media use altogether. Law enforcement does need a warrant to investigate a defendant’s social media, but these are easy for them to acquire, and they will do it. This applies to court cases for child custody, divorce, and much more. Social media is so widely-used by people of all ages, it is a huge source of evidence in many types of court cases.

Criminal Defense in Indiana

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested for a crime, and now facing criminal charges in Indiana. He is an aggressive and experienced criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms. He offers free initial consultations, so get in touch today! Let him build a strong and impactful defense on your behalf, and guide you in the direction of your best interests. Call 317-636-7514 to get started right away.

Are Synthetic Drugs Illegal?

Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

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 drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

The Tough Reality Behind Underage Drinking Arrests

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

The summer is a time for outdoor fun and relaxation, and many friends and family spend this season enjoying outdoor activities like pool parties, barbecues, concerts, and more. And since alcohol consumption is a part of having fun and relaxing, many people like to add it to the entertainment. Unfortunately, this also includes those who are not yet old enough to legally consume alcoholic beverages. Although underage drinking is illegal, it is bound to take place anyway. So if an underage person is caught by law
enforcement, it will lead to an arrest.

If you were recently arrested for underage drinking, you are facing a list of potential consequences. Consequences that are much worse than how your parents will react to your arrest. Continue reading to learn what to expect from underage drinking charges, and the proper steps you need to take after an arrest to secure your future.

The Outcome of Arrest

In Indiana, an underage drinking conviction is a misdemeanor, which is any crime punishable by up to one year in jail. You can expect to lose your drivers’ license, and be sentenced to several court-ordered penalties like probation, community service, large fines, ankle monitors, random drug tests, and even jail time. In fact, if you are found with a false I.D. you are more likely to face some jail time. The extent of your penalties will be entirely up to the judge and prosecution.

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Aside from the general penalties of an underage drinking conviction, a misdemeanor can drastically change a person’s otherwise bright future. Teens and young adults arrested for this youthful mistake also face life-altering consequences. For instance, a criminal record can make it much harder to obtain college admissions and/or scholarships. It can also impact internship and job opportunities.

What to Do Next

The safest and most effective step towards minimizing the life-long consequences of an underage drinking charge is to hire an experienced Indianapolis criminal defense lawyer to professionally navigate your case. They have the knowledge, experience, and drive to build an impactful defense on your behalf, and work with the prosecution to reduce your charges and subsequent penalties as much as possible.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for experienced and aggressive Indianapolis criminal defense you can trust. He is a seasoned criminal defense lawyer with decades of experience representing clients facing a wide range of criminal charges. If you or a loved one was arrested for underage drinking in Indiana, he can protect you from over-penalization and unfair sentencing conditions! Call 317-636-7514 to schedule a free initial consultation, today.

Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

Indianapolis Criminal Defense

Indianapolis Criminal Defense 317-636-7514

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.