Can You Get in Trouble for Ignoring a Subpoena?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

A subpoena is a legal document that legally requests a person to provide information, testimony, and/or evidence to the court regarding a criminal or civil matter. There are two types of subpoenas, one that requires your appearance in court to provide testimony, and another that simply requires you to provide records, physical evidence, or documents to the court. They are serious legal documents that require some serious attention. Continue reading to learn more about subpoenas, and what happens if you
fail to respond to one.

Court-Ordered Subpoenas

Although most commonly used for civil cases, such as divorces, accidents, and custody disputes, subpoenas are also used for criminal cases. They are used by both the prosecution and the defense to gather evidence and build a case. If the law believes that a person has information that can help prove or defend a criminal case, the courts can issue a subpoena to legally order that person to provide the information they need.

Example 1: Brenda is a cocktail waitress at the local sports bar. She witnesses a bar fight that results in serious injuries to one of the regular patrons. The regular patron files an injury lawsuit against the other participant in the fight. Later, she is served with a subpoena mandating her to provide testimony in court regarding her narrative of the incident.

Example 2: Archie is Brenda’s employer at the bar she works at. She is getting a divorce, so he is subpoenaed by the court to provide her employment and paycheck records.

Managing a Subpoena

If you are served with a subpoena, never ignore it. Failing to respond to a subpoena on time can result in serious legal consequences, including hefty fines, criminal charges, and imprisonment. If you are being represented by a lawyer, and you are served with or issuing a subpoena, your lawyer will generally handle all of the associated needs. If you are representing yourself, you can request a blank subpoena document signed by the court clerk and fill it out there.

Subpoenas must be served in-person or by registered mail. Neither yourself nor lawyers can deliver or issue subpoenas. Lawyers will appoint a process server to deliver the subpoena to the recipient since it is not allowed to have anyone involved with the case handle this part of the process. If they are not properly delivered, they cannot be enforced by law.

Indianapolis Criminal Attorney

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 served a subpoena in Indianapolis, Indiana. He is an experienced and aggressive criminal defense lawyer that is eager to help you with your legal matters. He offers free initial consultations and even provides criminal record expungement services for those looking to seal their criminal history. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal attorney, today.

Examples of Unlawful Search and Seizures

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

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 searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN today.

Reducing Criminal Charges With a Plea Bargain

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The main purpose of retaining legal counsel following an arrest is to avoid the maximum penalties for your criminal charges. In fact, reducing or dismissing criminal charges is the primary goal for you as the defendant, as well as your defense attorney. But in order to get charges reduces against their client, a knowledgeable and aggressive criminal lawyer must negotiate with the prosecution for an improved outcome in court.

A common method of accomplishing this feat is to use something called a plea bargain. But in order to use a plea bargain, it must first be approved by the courts. Continue reading to learn what a plea bargain is, what it is used for, and how it benefits both the prosecution and the defense.

Accepting a Plea

A plea bargain is an agreement between the prosecuting attorneys and your defense attorney in which each party must give something to take something, in terms of sentencing. Essentially, it is a compromise regarding a defendant’s charges and penalties for their crimes. In most cases, this means a defendant accepts to plead guilty to their crimes in return for a lower charge or more forgiving penalties. This can include reducing jail time, reducing felonies to misdemeanors, lesser fines, probation instead of jail, ankle monitoring in place of jail, ignition interlock devices, drug testing, and more. Here’s an example:

❝ Leonard was arrested for felony drug possession. His crime is a Level 6 Felony that faces up to 1 year in prison. Prosecution offers to give up their right to take the case to trial and sentence Leonard to the fullest if he will plead guilty to a Class A Misdemeanor or more lenient fines and penalties.❞

It is not up to the prosecution and defense to use a plea bargain. Instead, plea bargains must first be approved by the courts. A judge has to determine whether or not a defendant was strong-armed in any way; and once they confirm no pressure was made, they will approve a plea bargain. However, the process and regulations for plea bargains differ from state to state. Talk to your Indianapolis criminal defense attorney about Indiana plea bargains and procedures.

Indianapolis 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 to discuss the right defense for your criminal charges in Indianapolis, Indiana. We offer free initial consultations to talk about your criminal charges, and determine the best strategy for defense. Attorney David E. Lewis works around the clock, fighting to reduce or dismiss your criminal charges. He stops at nothing to preserve your rights and protect your freedoms. Call 317-636-7514 to schedule a consultation with an aggressive Indianapolis criminal
defense lawyer
you can trust.

Inmate Evaluation and Prison Assignment in Indiana

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Until the recent changes to the Indiana Criminal Code, anyone serving more than one year would be assigned to a prison rather than a county facility. But now, inmates are serving lengthier sentences in county jails, keeping prisons reserved for those facing extended periods of incarceration. Indiana is home to roughly 20 facilities that are designated as prisons. They range in security levels, categorized as either a minimum, medium, or maximum security facility.

Indiana Prisons

Minimum security prisons are set up in dormitory-style housing and less restrictive in terms of inmate security and privileges. They often include work-release programs as well. In fact, the Indiana Department of Corrections (IDOC) has 14 work-release institutions available for inmate placement. Medium security facilities are more restrictive, and usually designed with both dormitory housing and cell block living quarters. Maximum security prisons use the highest security measures for inmates, and divided in cell block fashion. Indiana has 6 minimum security prisons, 9 medium security prisons, and 4 maximum security prisons.

Inmate Placement

As of last year, The Indiana Department of Corrections uses a new system for inmate placement. In order to assign inmates to prison facilities in Indiana, each inmate is evaluated and then classified based on several factors, including the safety of the public, staff, and the offenders themselves, as well as, any educational, medical, or personal needs of offenders.

After sentencing, inmates are transferred to an intake facility, such as the Reception Diagnostic Center (RDC) in Plainfield, Indiana. There, they are evaluated and categorized, and then transferred to an assigned prison according to the factors mentioned above. This system ensures inmates are placed in the proper prison facilities.

Criminal Defense in Indiana

If you are facing criminal charges in Indiana, you need to have an aggressive and experienced criminal lawyer in your corner. They are your greatest hope at avoiding the maximum penalties for your suspected crimes. Depending on the details of your case, you could possibly evade jail time altogether! But without strong criminal defense, your future and your freedom are solely in the hands of the prosecution.

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law

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

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.