A Brief Look at Indiana Shoplifting Laws

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is only human to make mistakes. And sometimes those mistakes come in the form of taking something that does not belong to you. This is called theft, and is a serious crime in Indiana. There are many types of theft, including carjacking, fraud, embezzlement, and more. But one of the most common forms of theft among Hoosiers is shoplifting.

If you caught shoplifting, you know just how humiliating it can be. But just because you think you are guilty, you shouldn’t have to face the maximum penalties for your crime. In fact, sometimes a person’s actions are misinterpreted, which leads to a shoplifting arrest. This is why it is so critical to your freedom and your future to retain the services of an experienced criminal defense lawyer for help avoiding jail time and more.

If you are facing shoplifting charges in Indiana, continue reading for a brief look at the laws surrounding such theft.

Indiana Theft and Shoplifting Laws

Theft is considered an act of taking something that belongs to someone else, with the intention of depriving them of that item forever. If a person takes something from someone without permission, but with the intention of returning it, it is called “criminal conversion” and is a less severe charge than theft. An example of criminal conversions would be if a person takes another person’s car without permission, but intends on returning it to the owner later on.

In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen.

Stolen Property Less than $750 = Class A Misdemeanor
Stolen Property Between $750 – $50,000 = Level 6 Felony
Stolen Property Greater Than $50,000 or a Motor Vehicle = Level 5 Felony

With so many theft cases coursing through the Indiana courtrooms, it is important to have proficient representation. A public defender simply does not have the time to give your case, which can put you at risk of being penalized to the fullest extent. A private criminal attorney is the best source for reducing or dismissing charges against you for shoplifting.

Check out our blog next week for a closer look at some common types of shoplifting theft!

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 are facing shoplifting charges in Indiana. He works around the clock and uses every resource in his power to protect your rights and preserve your freedoms. As a licensed and experienced criminal lawyer, he takes on all cases, regardless of the crimes you are charged with. He also offers free initial consultations! Call 317-636-7514 to schedule an appointment with an Indianapolis criminal attorney you can trust.

How Does Marion County’s Behavioral Health Court Work?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Marion County Jail is packed. It is over-crowded, housing more than 900 inmates. And according to WFYI Indianapolis, more than 300 of those individuals suffer from mental health problems. In many cases, an inmate’s mental health issues were a leading factor in landing them behind bars, from drug and alcohol addiction, to bi-polar disorder, schizophrenia, and more.

Although the jail offers basic medication and treatment for offenders, the quality of care is not equal to the level of treatment they could be receiving at a dignified mental health rehabilitation center. Fortunately, Marion County officials have come to recognize that certain inmates truly need genuine mental health rehabilitation in addition to their sentences.

For this reason, the Marion County Court System has introduced an alternative type of court for offenders suffering from mental illness, and whose mental illness may have contributed to the crimes they’ve committed. This is called Marion County Behavioral Health Court, and is head by esteemed Judge, Barbara Crawford.

Eligibility

Not all individuals are eligible. But for those with an official diagnosis, they can choose to take their case through this alternative behavioral health court instead of the traditional system. It is a wise option for offenders facing serious charges for crimes they’ve committed because it gives them the opportunity to receive genuine behavioral and mental health treatment after they carry out their sentence. Each person who chooses this alternative court system is assigned a “recovery coach” after their sentence is complete.

With their recovery coaches, individuals will work through 5 phases to achieve better health:

1. Mandatory Court Appearances
2. Therapy
3. Compliance with Prescription Medication
4. Drug Testing
5. Additional Activities to Remain Focused on a Healthy, Rehabilitated Lifestyle

A recovery coach will be by their side to help them achieve these five phases and more. This gives them the knowledge, tools, and resources to transition from jail and back into real life. They get the assistance they need to become a productive and compliant part of society. So they receive their punishment, and then become a healthier, happier, and better person.

Indianapolis Criminal Defense

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 for Indianapolis criminal defense you can trust. Our law firm does everything in our power to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense. Call 317-636-7514 to schedule yours today!

Can Parents Be Held Liable for their Kids’ Crimes?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Many parents view their own kid’s bad behavior as a way of them letting off steam, or even the result of them being thrown into socially and emotionally-charged environments or situations (i.e. school, divorce, death in the family, relocating, health conditions, etc.). But sometimes, a child’s actions cross the line from “typical” to criminal. So what happens when a child goes too far and knowingly commits a crime? Are the parents ultimately responsible for the damages caused by their child’s actions? Could the crimes of their children been prevented with timely parental intervention or supervision? Continue reading to learn the answers to these questions and more.

Up to 18 Years of Age

For children up to 18 years of age, parents can absolutely be held liable for any negligent, intentional, or criminal acts carried out by them. This is colloquially referred to as “parental liability” and falls into two categories: Civil parental responsibility and criminal parental responsibility. For the sake of this blog, we will take a closer look at criminal parental responsibility.

Civil liability would encompass property damages, personal injuries, slander, and other types of civil wrongdoings. It is possible for a person to commit a civil wrong-doing and a crime in one isolated act, such as putting lit fireworks in a mailbox. Not only is the mailbox destroyed and compensation can be recover for that loss, but blowing up a mailbox is also vandalism, which is illegal.

Criminal Parental Responsibility

Criminal parental liability holds parents criminally responsible for any crimes committed by their underage children, including allowing them access to a firearm and internet crimes. The laws surrounding criminal parental liability laws varies from state to state so it is important to discuss your city’s regulations on child/parent liability with a criminal attorney. Parents can be charged and sentenced, as well as, forced to pay restitution for property damages and compensation for injuries.

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 to discuss your recent criminal charges in Indianapolis, Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime, including minors. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.

FAQS Regarding Indiana Handgun Appeals

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Were you recently denied a permit to carry a concealed weapon in Indiana? If so, you probably have a lot of questions. Below you will find a list of the most frequently asked questions about Indiana handgun appeals and procedures.

Review each question for a better understanding of what to expect during your petition process. Talk to a trusted criminal defense attorney for help with your handgun permit appeal.

Do I Need a Lawyer to Appeal?

You are free to represent yourself when appealing a concealed carry permit denial. However, the law and legal process is often tricky. It takes acute knowledge and experience to know how to carefully navigate a handgun permit appeal. For this reason, it is best to hire a criminal defense lawyer for help filing your petition.

How Long Do I Have to Appeal My Permit Denial?

In Indiana, you have 60 days to file for an appeal if you are denied a concealed carry permit. Within this 60-day period, you must fill out and submit all the necessary documentation and paperwork, as well as, pay the fee required by the courts.

Can I Re-Apply If I Miss My 60-Day Window?

Yes, you can re-apply your appeal if you miss the initial 60-day time frame. Simply re-apply and pay the courts. If you previously paid a filing fee, the money will be refunded to you.

How Long Does the Process Take?

The amount of time it takes to complete the appeals process all depends on the complexity of the case. For easy appeals, an experienced criminal attorney can usually secure a permit within 60 to 90 days, sometimes sooner! However, for moderate to complex cases, it could takes several months and even up to a full year to complete.

What Do I Do if I Was Denied Because of a Mental Health Issue?

Unfortunately, these are often the most challenging cases to appeal. With all the recent cases of mass shooting, and the history of violent crime, law enforcement and governments are hesitant to grant carry permits to those officially diagnosed with a mental health disorder. Talk to a criminal attorney to discuss your options.

Are Federal and State Standards for Handgun Permits Different?

Yes; the standards for granting concealed carry handgun permits differ between state and federal levels. This means you might be approved for a state-level permit, but not approved for a federal level one.

Why Was I Denied a Permit After My Old One Expired?

A new software program is now used that retrospectively evaluates existing permit holders’ eligibility. Some permit holders are denied permit renewal or lifetime permits because of new evidence found on their permanent record.

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 for help appealing a concealed carry permit denial in Indiana. Based out of Indianapolis, his criminal defense law office is conveniently located and open Monday through Friday by appointment. We offer free initial consultations to discuss your criminal defense needs. Call 317-636-7514 to schedule your appointment with a licensed Indianapolis criminal defense lawyer you can trust.

Typical Questions About Bail Bonds

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The world of bail bonds can be a complicated and even tedious place to be. Posting bail and paying for bonds is an everyday occurrence. It is important to understand some key points about bail in order to comprehend an instance in which you need to bail a loved one from jail. Continue reading to review some common questions defendants and families of defendants have about bail bonds and jail.

What Does it Mean to “Be Processed” in Jail?

People will often have this question due to the fact that a person cannot be released from jail until they are completely processed. Processing takes place after a person is arrested and driven to the jail. In the jail they are taken to the processing center. Here, a collection of personal identification elements are entered in to the jails computer’s system, such as finger prints, photos, residential information, employment, medical history, contact information, and more.

The jail also has each inmate see a nurse for a brief medical checkup. This is to check for viral and bacterial infections and illnesses so that they are not spread to the rest of the population. It is also used to check for suicidal thoughts, anger evaluations, and more. A background check is run on the individual, as well as a warrant check. This entire “process” is also referred to as “booking” an inmate. Once the individual is processed, they are eligible to be bailed from jail, so long as they weren’t arrested under the influence. In the case that they were arrested under the influence, they would have to wait at least 8 hours (or until sober) to be eligible for release.

The amount of time it takes to process an inmate and then have them released from jail is different every day, person to person. It all depends on numerous variables, such as past violations and convictions, the arresting charges, liability, the amount of traffic through the jail, and much more. The size of the jail is another factor that contributes to inconsistent processing times. The size of the jail determines the amount of staff they have available to do the processing as well, so the smaller the jail, the smaller the staff, and the slower the processing times.

How Much Does it Cost to Get Bailed from Jail?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The total amount of the bond, handed down by the courts, initially decides how much it will cost to post bail. Once this amount is configured, the next determining factor is the type of bond used to obtain a release from jail. This is a lengthy topic, in which case, we’ll only discus the most common way to obtain a quick release from jail, which is a bail bond. This is the most common form of posting bail because many people do not have enough money to cover the entire bond amount, which can reach thousands of dollars.

Posting bail with a bail bond requires the services of a bail bondsman. By state laws, bail bondsman fees are regulated to be between 10-15% of the total bond amount. So if a persons’ bond amount was $5,000, the bail bond fee would cost $500-$750. This is a non-refundable fee, and is a contract that requires signature and contractual agreement.

Will a Bail Bondsman Refuse Someone Their Services?

A bail bondsman has the right to refuse their services to anyone they may choose, just as any small business owner could. The real question is, “WHY would a bail bond company refuse someone their services?” The answer is simple. A bail bond agency basically “fronts” the cash for the bond to obtain a release from jail. Although a person is only paying 10-15% of the bond amount, the bail bond company pays the rest.

They get this money back when the arrested person shows up for their court date. This is where the contractual agreement comes into play. If they skip their court date, they are considered a fugitive of the law, and the person who signed the bond agreement to bail them out of jail is held responsible for their absence. If a bail bondsman feels the inmate that requires bail is a flight risk, meaning they are likely to skip their court dates, they will refuse to take on the case. They will not want to risk their money on a repeat violator either.

Indianapolis Criminal Defense Attorney

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 or a loved one has been arrested in Indianapolis and is facing criminal charges. We are an aggressive, hard-working criminal defense law firm that stops at nothing to get clients released from jail as fast as possible, and build a defense that will protect them from receiving the maximum penalties for their charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.