The Do’s and Don’ts of Getting Arrested

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Movies are a poor example of what an arrest looks and feels like to the person being detained. It isn’t easy to imagine what it’s like to be arrested unless you have experienced or witnessed it first-hand. But in the case that it could happen to you, it is wise to know how to behave in accordance with the law. The stress, fear, and anxiety that comes along with being placed under arrest can be overwhelming, but one wrong move or impulsive decision can tack on additional criminal charges that come with harsher penalties, like jail time and fines. Continue reading to learn how you should handle being arrested if it ever happens to you.

What to Do:

In the case that a law enforcement officers notifies you that you are being placed under arrest, it is vital to your future and freedom to remain calm and make good decisions. Here’s how to do that:

DO remain calm and stay where you are. If you are in a car, remain seated with your hands on the wheel or dashboard, unless the officer instructs you otherwise. If you are not in a car, simply remain in the position you were in, whether sitting or standing, unless the officer instructs you otherwise.

DO allow law enforcement officers to handcuff you and place you in their police vehicle. The handcuffs will be very tight, as they are designed that way for a reason, so don’t assume they are put on wrong. If you are cooperative and calm, the officer may allow you to be handcuffed from the front for a more comfortable position.

DO be polite and cooperative with all law enforcement and jail staff. Whatever they ask of you, be respectful. The more cooperative you are, the easier the entire process will be. Whether you think so or not, they want you out of there as much as you do, and they are just doing their best to make that happen. By remaining courteous and obedient, you gain trust and respect, which may get you more jail privileges for the time you are there. Keep in mind, you can be in jail for as little as one hour, to as long as 24, depending on traffic and cooperation.

DO call a criminal defense lawyer as soon as you are given an opportunity to use a phone. They can work with you over the phone to arrange a bail and get you released you from jail. Once you are out of jail, you can start working on your case with your lawyer. The sooner you contact your lawyer, to faster they can begin building your defense.

What NOT to Do:

DON’T flee. Never try to run away from police, or attempt to flee before being placed under arrest. If you are in a car, do not try and drive away. This is a huge no-no since it leads to more serious charges, harsher penalties, and jail time. It is never worth the trouble of running because they will eventually find you, and then you are in even more trouble than what you were originally.

DON’T be argumentative and disrespectful to law enforcement. Never talk back to police officers or argue with them in any way. Do not try to test them, bother them, talk over them, or persuade them. This will only get you in more trouble, and extend the amount of time the entire process of being arrested, processed, and bailed out of jail, takes.

DON’T be disobedient and difficult with police and jail staff. You should never disobey law enforcement when they are telling you what to do. DO not disagree with them or complain about anything. You are under their care and custody, and the best way to get out is to respect and accept the process.

DON’T wait for your court date in jail if you don’t have to. Do not miss the opportunity to get out of jail with the help of a licensed bail bondsmen. You could potentially wait weeks or months in jail before a judge can see your case. Never wait in jail when you can just call your lawyer and post bail. This is also beneficial because you get to await your court date from the comfort of your home and you don’t have to miss work.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

FAQs About Juvenile Criminal Law

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

When children are in trouble with the law, they are sent through the juvenile court system. During this time, parents are reeling with questions and concerns regarding their minor’s future and freedom. If your teenager is currently facing criminal charges, you are likely to be full of questions too. Continue reading to learn the answers to the most frequently asked questions about juvenile law and the juvenile court system.

Frequently Asked Questions

What is Juvenile Court?

Because juvenile crimes are handled differently than adult crimes, they require a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes.

Who are Juveniles?

Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Do Juveniles Have a Right to a Trial Jury?

In adult criminal court, the United States Constitution gives you the right to a trial jury. However, in juvenile court, this right is not usually granted. Some states do allow it, including Kansas and New Hampshire.

Do Juveniles Get an Attorney?

If we lived prior to 1964, a juvenile could not have an attorney represent their case in court. However, in the 21st century, juveniles are given the right to an attorney, and even given to opportunity to free counsel from a public defender.

Can Adults Be Charged for a Crime They Committed as a Minor?

This is not very common, but it can happen. It usually happens for very serious offenses, such as rape, armed robbery, and other violent crimes. It depends on the age of the offender when the crime was committed, the type of crime committed, the current age of the offender, and more.

How Long Can Juveniles Be Sentenced to Detention?

Just like adult criminal court, the length of time a juvenile will spend in detention depends on the severity of the crime and their criminal priors. There is no limit or typical sentence, but for major crimes, sometimes juveniles are transferred to an adult penitentiary once they reach 18 years old.

Indianapolis Criminal Defense for Minors

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can I Use the Indiana Supreme Court Law Library to Research My Criminal Case?

The Indiana Supreme Court Law Library had its start after the year of 1867 when Indiana legislature passed an Act that gave the Supreme Court ownership and access to law books, which originated in the state library.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Their Mission

The mission of the Indiana Supreme Court Law Library is to provide a means of research for law officials, magistrates, judges, and staff and agencies of the Supreme Court and Court of Appeals. It is also the primary law library in Indiana for various state agencies, as well as, all members of the private bar (lawyers), the Governor’s Office, the state legislature, and the general public.

What They Offer

The Indiana Supreme Court Law Library retains a full inventory of over 70,000 volumes of legal materials, law books, periodicals, case histories, court records, and more. It is also a storehouse for any publications produced under grants from the State Justice Institute. http://www.sji.gov/ It is even a selective storehouse for certain United States Government publications. The contents of the Indiana Supreme Court Law Library is accessible to all magistrates throughout the state.

Contact Information

State House, Room 316
200 W. Washington Street
Indianapolis, IN 46204

PHONE: 317-232-2557
FAX: 317-233-8693

Mon- Fri 8:30am to 4:30pm

Get Help With Your Criminal Case

David E. Lewis Attorney at Law

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

If you are looking for resources to better educate yourself on the criminal charges you are facing, the Supreme Court Law Library is a fantastic place to start. It is in your best interest to speak with a licensed and experienced Indianapolis criminal defense attorney to better understand the language and legal jargon you will come across during your studies. They can clearly define the charges and circumstances you are facing, as well as, build a custom, impactful defense to protect you against the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations, so be sure to schedule yours today.

Can I Use a Recorded Phone Conversation as Evidence in Court?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

When someone is accusing you of a crime against them that you are innocent of, it can be frustrating finding ways to prove that they are lying, especially in a court of law. Many people in this situation turn to voice recordings in order to catch the accuser admitting to their lies unknowingly. Although a good plan, it is unfortunately not a lucrative one. There are various federal and state laws regarding the types and limits to evidence admissible in court. Not only are the types of evidence limited, there are also strict regulations on the requirements for authentication.

Admissible Evidence

Although the laws surrounding evidence vary among jurisdictions, the general rule for evidence is that it cannot be used in court if it was obtained illegally. Under the individual penal codes in most states, superstitiously tape recording a phone conversation is illegal, therefore, it would not be admissible in court as evidence. To make it legal, you would have to notify the person that the conversation is being recorded, or receive their permission to record them.

✇ Both Parties Must Consent:

There are 12 states that require both parties to consent to a recorded conversation. These states include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

✇ One Party Must Consent:

There are a few states in which only one party is required to give consent to a recorded conversation, and this party could be the person who chooses to record. These states include New York, Louisiana, and Texas.

The Above Rules May Be Mute Based on Predicate

Although states may have regulations that make voice recordings admissible in court, they can still be denied as evidence due to a lack of predicate. To record a conversation that can be admissible as evidence in court, you must also establish a foundation for the recorded conversation to ensure that your evidence is reliable.

Rule of Predicate Include:

1) You must show that the voice on the tape actually belongs to the person you say you are recording, rather than a person pretending to be someone else;

2) You must demonstrate that the recording device you used to make the recording is capable of providing accurate recordings.

3) You must prove that the recording is a realistic representation of the conversation that actually took place. Wind and other exterior elements can cause recordings to cut in and out, which is a problem in court.

4) You must prove that the recording was not interfered with or tampered in any way.

Consult with a Licensed Criminal Defense Lawyer

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Before you decide to record a conversation for the sake of having evidence for your criminal case, talk to your trusted criminal defense lawyer first. The rules and regulations for admissible evidence vary greatly among federal and state jurisdictions, so it is helpful to learn more about them from a licensed attorney with decades of experience in criminal law.

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for your defense. Avoid the maximum penalties for your Indianapolis criminal charges by calling Attorney David E. Lewis at 317-636-7514, today.