Monthly Archives: October 2020

Common Arrests That Happen on Halloween and How to Avoid Them

Posted on by

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

Indianapolis Criminal Defense Law Firm 317-636-7514
Indianapolis Criminal Defense Law Firm 317-636-7514

The Most Common Types of Halloween Arrests

► Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.  

► Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

► Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

► Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and 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.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Possible Sentences for a Second OWI Charge in Indiana

Posted on by

Whether you are checking in for yourself or a loved one, a second OWI charge in Indiana is something to be concerned about, especially if it’s happened within 5 years of the first. Although it can vary slightly from county to county, the general bail and criminal sentencing guidelines for a second intoxicated driving offense is something you can rely on for a predictable list of possible court outcomes.

Continue reading to learn how the state penalizes a second DUI charge, and what you can do to avoid the maximum sentence as a defendant in an Indiana criminal court.

Indianapolis DUI Attorney
Indianapolis DUI Attorney 317-636-7514

OWI Charges are Serious at Any Level in Indiana

Just one DUI charge is enough to cause great concern. Indiana takes intoxicated driving very seriously, and the sentencing guidelines for such crimes show. A first drunk driving conviction is a Class C Misdemeanor, which will leave an offender facing possible jail time of 60 to 360 days, up to $5,000 in fines, up to 2 years supervised probation, up to 2 years license suspension, and more.

OWI, DUI, & DWI are INTERCHANGEABLE terms. They are all the SAME OFFENSE in Indiana.

As for a second DUI charge, the penalties are much harsher. A second drunk driving conviction is a Level 6 Felony, which leaves an offender facing possible jail time of 6 months to 2 ½ years, up to $10,000 in fines, 6 months to 2 years supervised probation, 6 months to 2 years drivers’ license suspension, and more. In Indiana, if a second DUI charge happens within 5 years of the first, it is considered a subsequent offense, and therefore, subjected to stricter penalties.

Additional court-ordered penalties that can be added to an offender’s sentence at the judges personal and professional discretion include community service, victim impact panel participation, Moms Against Drunk Driving conference attendance, rehabilitation, alcohol and drug education classes, ignition interlock devices, house arrest, and more.

Want to Know What a 3rd DUI Conviction Will Get You?

✅ Minimum 10 Days, but Up to 2 ½ Years in Jail
✅ Probation Up to 2 Years
✅ License Suspended 6 months – 2 ½ years
✅ Court-Determined Fines
✅ 480 Hours Community Service*
✅ Alcohol and Drug Assessment*
✅ Victim Impact Program (VIP)*
* = cannot be reduced

How to Avoid the Max Sentence for a Second DUI in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

FAQS About What Might Happen in Criminal Court

Posted on by

If you are currently facing criminal charges in Indiana, it is likely that you are anxiously awaiting your trial hearing. And just like many others in your position, you have questions and concerns about the state and federal criminal court process, as well as the potential outcomes you face. To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal court and the possible outcomes. This may relieve your anxiety while awaiting your court date.

Indianapolis Criminal Defense Trial Lawyers 317-636-7514
Indianapolis Criminal Defense Trial Lawyers 317-636-7514

Frequently Asked Questions About Trial

⚖ What Will Happen if I Miss My Court Date?

Missing your court date is a serious offense. Not only does it impede your current case, it tacks on a separate criminal charge that comes with additional penalties. In rare cases, a criminal attorney can waive the penalties for a missed court date if there is sufficient evidence that the client had no choice (i.e. emergency hospital stay, serious accident, etc.) A death in the family, work, and other similar life occurrences are not acceptable excuses to the court.

⚖ What are the Possible Outcomes in Criminal Court?

Because there are so many different types of charges, the outcomes vary greatly. It all depends on a defendant’s charges, criminal history, the state, and many other factors. Some common outcomes include guilty verdict, not guilty verdict, charges dropped, charges dismissed, charges reduced, mistrials, and more.

⚖ What Will Happen if I Plead Guilty?

You should only plead guilty if it is recommended by your criminal lawyer for the purpose of a plea bargain with the state prosecutor. Pleading guilty will mean you admit to committing the crime, understand the charges and the guilty plea, and waive your right to trial jury. Upon pleading guilty, you can expect to have a sentencing hearing scheduled with a few weeks or months. During your sentencing hearing, the judge will hand down your sentence, penalties, and court orders.

⚖ What Will Happen if I am Found Not Guilty?

You will have it on your record that you were charged with the crime, but never convicted. However, you may be able to have the charged expunged from your criminal record. Upon being found not guilty, you will be released from custody and court supervision, and you cannot be convicted of the same crime later on.

⚖ What Will Happen if I Plead No Contest?

Pleading no contest is not allowed in all states. When defendants enter a no contest plea, or nolo contender, it means they are not admitting guilt to the crime in question, but they surrender to the court’s punishment. Although the defendant does not admit guilt, they are still sentenced as if they are guilty.

⚖ What Happens After a Mistrial?

The defense lawyer or prosecutor can motion the court for a mistral for several reasons, including juror misconduct, inability to reach a verdict, law enforcement errors, and more. If granted, prosecution can sometimes retry the case. But most often, it puts defendants in a double-jeopardy situation, so it is not retried.

⚖ What Happens if All Charges are Dropped?

If your charges are dropped, you will not go to trial. The prosecutor drops charges for several reasons, including inadmissible evidence, lack of evidence, uncooperative victims, and more. Although your criminal record won’t show an actual conviction, it will show that you were once charged with the crime. In this case, you may qualify to have it expunged from your record.

How Do I Avoid the Maximum Sentence for My Indiana Criminal Charges?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who 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 Indiana criminal charges.

What are the Sentencing Guidelines for Indiana?

Posted on by

When charged with a crime, Hoosiers are given a plethora of rights, both on a civil and federal level. One such right is judicial due diligence. Basically, anyone who is suspected of, or formally charged with, committing a crime, they are innocent until proven guilty, in the eyes of the law. For those who are convicted after being charged with a crime in Indiana will be subjected to our state’s sentencing guidelines. Although judges have the personal and professional discretion to choose a sentence and subsequent penalties of a convicted offender, Indiana’s sentencing guidelines provide the basis of sentencing that deters unfair or excessive punishment.

Continue below to learn what the Indiana sentencing guidelines look like, and what you need to do this very second if you are facing criminal charges in the state.

Indianapolis Criminal Defense Law Firm
Indianapolis Criminal Defense Law Firm 317-636-7514

All Levels of Crimes Included

The Indiana sentencing guidelines are for all levels of crimes, from infractions and misdemeanors, to felonies and murder. Felonies range from Level 1, which is the highest, to Level 6, which is the lowest. Murder is it’s own level of crime. Level 6 felonies are commonly called “wobblers” because most are reduced to a Class A Misdemeanor upon plea deal. Misdemeanors range from the highest, Class A, to the lowest, Class C.

Here is what you can expect the outcome to be for your pending criminal charges if convicted at your trial:

▶ MURDER
45 Years to Life in Jail, or Death Penalty. Advisory Sentence of 55 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 1 FELONY
20 to 40 Years in Jail. Advisory Sentence of 30 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 2 FELONY
10 to 30 Years in Jail. Advisory Sentence of 17 ½ Years in Jail. Up to $10,000 in fines.

▶ LEVEL 3 FELONY
3 to 16 Years in Jail. Advisory Sentence of 9 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 4 FELONY
2 to 12 Years in Jail. Advisory Sentence of 6 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 5 FELONY
1 to 6 Years in Jail. Advisory Sentence of 3 Years in Jail. Up to $10,000 in fines.

▶ LEVEL 6 FELONY
½ to 2 ½ Years in Jail. Advisory Sentence of 1 Year in Jail. Up to $10,000 in fines.

▷ CLASS A MISDEMEANOR
0 to 1 Year in Jail. No Advisory Sentence. Up to $5,000 in fines.

▷ CLASS B MISDEMEANOR
0 to 180 Days in Jail. No Advisory Sentence. Up to $1,000 in fines.

▷ CLASS C MISDEMEANOR
0 to 60 Days in Jail. No Advisory Sentence. Up to $500 in fines.

Aggressive Criminal Defense in Indianapolis That You Can Actually Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who 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 Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

What to Do if Asked to Be Interviewed for a Criminal Case

Posted on by

One of the most common questions criminal defense lawyers get from clients has to do with police interrogations. They commonly ask, “If a detective wants to ask me questions about a criminal case that I am a suspect in, should I talk to them?” And the answer is not what you’d expect. Generally, it is always recommended to obey law enforcement and do as they tell you. But in the case that you might be a suspect for a crime, voluntarily speaking with detectives is not in your best interest.

Continue reading to find out why, and what to do if you are asked to stop by the police station for questioning.

Criminal Defense Law Firm 317-636-7514
Indiana Criminal Defense Law Firm 317-636-7514

Police Interrogation Tactics and Methodologies

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this trick is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the tricks to not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything, they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

If it Happens to You, Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who 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 Indiana criminal charges. Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Advice for Parents Whose Kids Drive Drunk

Posted on by

Teens are known to experiment with alcohol, but some wind up making some brash and dangerous decisions that can end in devastating consequences. We are talking about drunk driving. If you are the parent of a teen or minor adult who has a history of alcohol usage, and you know they have operated a vehicle under the influence in the past, you should know what to do in the case of a DUI arrest since you will likely be the first call they make from jail.

Continue reading to learn which steps to take after your teenager is pulled over drunk, and arrested for a DUI in Indiana.

Underage Drinking DUI Lawyer 317-636-7514
Underage Drinking DUI Lawyer Indianapolis Indiana 317-636-7514

Get to Know the Zero Tolerance Law in Indiana

In all states, any minor that is caught operating a motorized vehicle, including motorcycles and ATV’s, with a blood alcohol content (BAC) of 0.02% or higher, will immediately be subjected to drivers’ license suspension. Furthermore, all states have adopted the Zero Tolerance Law, which means it is strictly illegal for minors to drive a vehicle after drinking alcohol, no matter how little the quantity imbibed. Although adults can legally operate a vehicle with a bold alcohol content of 0.07% or lower, there is simply no tolerance for those under the legal drinking age.

Even if your minor was not driving, they can still be arrested for a DUI if they are in the front seat of a vehicle and the keys are in the ignition. The car does not have to be on for a drunk driving arrest to be made. If your minor refuses a breathalyzer, they will be arrested and penalized, even if they are not exhibiting any signs of intoxication.

Common Penalties for Minor DUI Convictions

Minors, including those 18 years old to 20 years old, will be penalized according to state judicial schedule if caught operating a vehicle with alcohol in their systems. One penalty that is guaranteed: immediate suspension of drivers’ license. Additional penalties that are common and possible include restitution for any property damages caused by drunk driving, fines, jail, probation, house arrest, ignition lock system on steering wheel of car, community service, victim impact panels, substance abuse treatment programs, alcohol education courses, school orders, and counseling.

Criminal Record Expungement for Minors

If your minor driver is arrested on drunk driving charges in Indiana, you will need a criminal defense lawyer who can protect them from the maximum penalties for their charges, and petition for criminal record expungement. Upon eligibility, your teenager might be able to have their DUI arrest and conviction sealed or expunged from their criminal record. A skilled Indiana DUI defense lawyer can build your loved one an impactful defense to dismiss or reduce their charges and penalties, and move forward with petitioning for expungement or record sealing.

Indianapolis Indiana Drunk Driving Criminal Defense for Minors

Call the Law Office of David E. Lewis at 317-636-7514 to learn how your teen can beat their Indiana DUI charges with aggressive criminal defense. Attorney David E. Lewis is your solution to reducing or dismissing their sentence, and thus, protecting their future freedoms. If you want them to avoid the maximum penalties for a drunk driving conviction, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. We provide free initial consultations, so you do not have to pay anything to simply talk to a lawyer for trusted advice. Schedule an online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!