Is it Possible to Reduce My Criminal Charges?

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

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 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

How to Seal Your Arrest Record After a Diversion Agreement

Seal Arrest Records 317-636-7514

Seal Arrest Records 317-636-7514

Minor arrests that do not result in criminal charges are rare but not uncommon in Indiana. Infractions like public intoxication, for example, are generally dealt with by arresting the offender and placing them in a holding cell, colloquially known as the “drunk tank”, and then released without being charged with a crime once they are sober. This is intended to keep citizens safe from themselves and others when overly-intoxicated and behaving alarmingly in public.

In other cases, offenders are not so lucky. But many are given the chance to enter a diversion agreement in place of stricter penalties and jail time if their offense did not involve aggressive conduct.

Diversion Agreements

A diversion agreement is a contract that is generally negotiated between the prosecutor and the criminal defender. The agreement allows the charges to be dismissed after one year if the defendant meets certain criteria. Criteria mostly includes refraining from criminal activity and arrests, as well as, not violating probation or any mandatory court orders. This is a great program for first-time offenders who are caught committing a minor crime or infraction. It gives them a second chance. But even though charges are dropped at the conclusion of the year, the arrest will still linger on their permanent record.

Arrest Records

Seal Arrest Records 317-636-7514

Seal Arrest Records 317-636-7514

When a person is arrested, but not charged, or they enter a diversion agreement, their criminal record won’t show a conviction, but it will document the arrest and the details surrounding it. For some, especially those in political or professional positions, having even an arrest on their record is life-changing and can affect certain areas of their life, both vocationally and personally.

For this reason, many people choose to have their arrest records sealed. And the new Indiana Second Chance Law allows qualifying Hoosiers to do just that. Continue below to learn how you can determine your eligibility for record sealing, and where to get started.

Sealing an Arrest

Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed. If you are interested in sealing your arrest records, you can petition to do so at your local county clerks’ office. However, it is not recommended to file without professional assistance. The process of sealing arrest records is highly-complex and tedious. Just one clerical error or missed deadline can revoke your right to petition forever. You must retain the services of an experienced Indianapolis criminal attorney for helping with the filing and petition process. This will guarantee success in terms of proper filing.

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 to seal arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

Can a Cop Be Fired for Excessive Use of a Taser?

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

Police officers are an incredible and significant line of defense for our cities and surrounding communities. But sometimes, just as any person in any vocation, cops can make poor choices that result in serious penalties. For instance, using their registered weapons inappropriately. While on-duty, cops are faced with the difficult decision to use their weapons for defense and public safety, including flashlights, nightsticks, Tasers, and of course, firearms.

And how the officer chooses to use their weapons greatly depends on the actions of the suspect or suspects. However, there have been cases where an officer is accused of using their weapons in excess, resulting in unreasonable injury to a person. In these kinds of cases, the question of reasonability commonly arises, as well as, the whether or not the officer should receive a penalty for their actions. One such question arose in the small town of Peru, Indiana, involving a cop, a taser, and an elderly nursing home patient. Continue reading to learn what happened.

PERU CITY POLICE DEPARTMENT and City of Peru v. Gregory MARTIN

No. 52A02–1304–PL–350. Decided: September 03, 2013

In 2012, a Peru City police officer by the name of Gregory Martin was dispatched to Miller’s Merry Manor after a call to 911 was made by a nurse named Adam Chambers. Chambers made the call to request assistance transporting a combative patient to the hospital. The patient was James Howard, a 64 year old Alzheimer’s patient. Upon arrival, Officer Martin was joined by Officer Jeremy Brindle, and they were then escorted to the locked Alzheimer’s ward section of the facility.

Indianapolis Criminal Defense Attorney 317-636-7514

Indianapolis Criminal Defense Attorney 317-636-7514

After asking staff to stay back and not intervene, the officers entered Mr. Howard’s room and found him sitting in a chair unclothed, and staring straight ahead. As the officers moved in closer, they ordered Mr. Howard to get on the gurney, but he did not obey the order. Instead, Mr. Howard began “shuffling” toward Officer Brindle with his fists clenched at his sides. Officer Brindle was cornered in a T-section hallway as he tried to grab Mr. Howard’s wrists and handcuff him. Unable to do so, Officer Martin then yelled, “Taser!” and deployed his onto Mr. Howard’s torso. Mr. Howard fell on the floor and laid on his back. He would still not comply with the officer’s commands, and turned over on his belly so he could not be handcuffed. As a result, Officer Martin ended up using the Taser on Mr. Howard 5 times, equaling a deployment of 31 seconds total.

After being admitted to the hospital, Mr. Howard’s injuries were documented, including a black eye, bruising, skin abrasions, and marks on his side. His wife was not pleased with the treatment he received by the officers on call. And for this, she filed a complaint with the Peru City Police Department for excessive use of a taser. An internal investigation followed, putting Officer Martin on administrative leave. The Peru City Police Chief, Chief Hoover, recommended Officer Martin’s termination after deciding he used excessive force with the Alzheimer’s patient. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover, so Officer Martin was discharged and sought review in the trial court.

After reviewing Officer Martin’s Taser training that specifically teaches that Taser exposure for over 15 seconds, whether due to multiple applications or a continuous one, increases the risk of death or serious injury. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.” He was fired.

Learn the Facts First

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

When it comes to brushes with law enforcement, every situation is unique and requires a detailed look at the individual merits involved. For this reason, it is best to discuss your questions, concerns, and criminal charges with an experienced criminal defense attorney who can provide specific information regarding your individual circumstances. Contact David E. Lewis, Attorney at Law, at 317-636-7514 for experienced Indianapolis criminal defense you can trust.

Do I Have to Answer My Door if it’s the Police?

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

One of the most common questions received by criminal defense attorneys is, “Am I legally obligated to answer my door if it’s the police?” And it is actually a very good question. Answering the door doesn’t usually cause any sort of alarm for someone, but when it’s the cops knocking, many residents get paranoid. They are concerned that police have the legal right to barge into their home and begin searching for incriminating evidence against them if they open their door. They wonder whether or not opening their door to police allows officers to come inside without permission.

Unfortunately, the answer to these queries are not so cut and dry, but it is easy to understand. Continue reading to learn your rights to such privacy in Indiana, and what to do if you are confronted by law enforcement at your place of residence.

The Fourth Amendment

Every United States citizen has the right to a certain degree of privacy, as alluded to in our country’s constitution under the 4th Amendment, which reads “The right of the people to be secure in their persons, houses, papers, and effects, [a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.SOURCE

The Right to Decline

Indiana Criminal Defense  317-636-7514

Indiana Criminal Defense 317-636-7514

Citizens, in most cases, have the right to legally decline to open the door for law enforcement, as well as, terminate their opportunity for entry (i.e. shut the door after answering it to prevent further communication). However, there are always exceptions to every rule. If law enforcement retains the proper documents, such as search or arrest warrants, they can enter a person’s home, even without permission.

The circumstances vary from case to case, which is why it is imperative to discuss your legal concerns with an experienced Indianapolis criminal defense lawyer. They have the knowledge, skills, and local resources to provide accurate answers and professional counsel you can trust.

How to React to Law Enforcement at Your Door

The best way to deal with law enforcement at your door is to simply answer it. If you are not aware of any crimes or charges against you, there should be nothing to worry about. Most often, if you are not suspected of a crime, police are simply in need of some neighborhood information, such as a missing person’s case, abandoned vehicles, and vacated apartment units. Otherwise, the police may believe you could be a witness to another person’s crime, and they need your help. If they do not have a warrant for your arrest, or to search your premises, you can shut the door and terminate your conversation at any time without legal recourse. As soon as the interaction is over, contact your defense attorney for further instructions. The police could be on their way back to the station to secure a warrant in some cases.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis IN

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense you can trust. Our law firm offers free initial consultations to freely discuss the charges against you and the best strategies for defense. We will work around the clock to protect your rights and to preserve your freedoms. Call 317-636-7514 to get started today.