Should I Choose a Public Defender for My Indiana Criminal Case?

When faced with Indiana criminal charges, there is no room for error. It is vital that you instantly get to work building a strong and impactful defense that will protect your rights, preserve your freedoms, and most importantly, keep you out of jail. Not only can jail time negatively impact your family and home life, but it can also cost you your employment, which you will be needing to uphold your quality of living and caring for your family. Furthermore, certain freedoms can be forfeited, such as traveling, driving, or even leaving the home if you are ordered to wear an ankle bracelet for house arrest.

Basically, criminal charges are not a situation to take lightly, so it is wise to ensure you have responsible, full-time legal defense on your side. Your lawyer is the key to meeting all of these objectives and more, so your decision on who to hire can greatly influence the outcome of your case.

Continue reading to answer the question, “Should I choose a public defender for my Indiana criminal case to save some money?”, and where to learn more about how to beat your Indiana criminal charges.

Private Indiana Criminal Defense 317-636-7514
Private Indiana Criminal Defense 317-636-7514

Public Defenders are Qualified Attorneys

It is true that public defenders are real, board-certified attorneys. It is also true that they are free of charge for criminal defendants. Instead, they earn their income through the government, who pays them to defend those who are not capable of retaining a private lawyer. Although it varies among jurisdictions, most often, the defendant themselves are responsible for proving their financial inadequacy for legal representation through tax documents and pay stubs.

Not Everyone Gets a Public Defense Offer

Most often, those who are offered public defense are those who are facing jail time for a misdemeanor or felony offense. For those who are facing minor criminal charges, such as Class C misdemeanors, infractions, and traffic violations, are not likely to be granted public defense. If your income level exceeds the jurisdiction’s cutoff for financial legal aid, then you will likely not be offered a public defender, or may be required to formally request one. It varies from county to county.

Public Defense is a Busy Job

Talk about having a lot of clients. Public defenders are notorious for being overloaded with criminal cases, and therefore, not able to devote a lot of time per defendant. This is extremely detrimental to the outcome of a defendant’s criminal case, since a private criminal defense law firm devotes all of their time to creating the strongest, most impenetrable defense against their client’s criminal charges. Although they know the court system and presiding judges well, they simply do not have the time to ensure your criminal case is viable.

When You Will Be Given the Option

You will be given the option of choosing a public defender usually at your arraignment (pre-trial court appearance) or at the preliminary hearing. Arraignments are held directly after a defendant’s arrest, while initial hearings are generally scheduled between 14 and 24 days, depending on whether the defendant is in jail or not. In some cases, a defendant is assigned a public defender at the arraignment, but then has the option to choose private defense if charges are actually filed against them.

Choose a Certified Criminal Defense Lawyer Who Can Beat Your 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 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. 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 in Indianapolis, or throughout the state of Indiana. Request a consultation, today.

Indianapolis Criminal Defense 317-636-7514
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Criminal Record Expungement FAQS for 2021

If you have a permanent record with arrests, criminal charges, or worse, actual convictions, you might just be in luck. Indiana has passed laws that allow those with past criminal records to either erase those records or seal them from the public access forever. But not just anyone qualifies. You must pass the state criteria to be eligible. Have questions? So do many others.

Continue reading to review the most frequently asked questions about Indiana criminal record expungement for 2021, and learn how to get started on your petition now.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Expungement FAQS for 2021

What is Indiana Criminal Record Expungement?

No one wants to carry around the stigma of what it means to have a criminal record. In comes Indiana criminal record expungement, which is a court-ordered process that allows those who qualify to conceal or destroy their arrests, charges, and convictions. This process is also referred to as “setting aside a criminal conviction.”

What is the Indiana Second Chance Law?

In July of 2011, the Indiana General Assembly passed legislation that permits those who qualify to erase or seal certain parts of their criminal records. You can actually review the revised and condensed decree in Indiana Code 35-38-9, which went into effect July 1, 2013. Us Hoosiers know this legislation as Indiana’s Second Chance Law, as it provides a second chance at life, prosperity, and contentment.

What are the Benefits of Criminal Record Expungement?

With a clean criminal history, you are opening yourself up to a whole new world of opportunities, especially if you have a felony on your record. With sealed or erased arrests and convictions, you place yourself in a position to get a better career, apply for a professional license, get a school loan, a bank loan for a new house for your family, and even enter the dating world without public background checks holding you back! There are many reasons to expunge your criminal records! Even simple peace of mind is enough to persuade you.

Do I Qualify for Criminal Record Expungement?

To qualify for criminal record expungement or sealing, one must meet very specific requirements. The two most influential factors to determining eligibility include the type of conviction and the amount of time that has passed since the date of the conviction. Some convictions cannot be expunged nor sealed, such as murder and sex crimes. However, most arrests and charges that did not end up in conviction can be expunged or sealed.

How Much Does it Cost to Expunge Criminal Records in Indiana?

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation.

Who to Trust for Indiana Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Indianapolis Criminal Defense 317-636-7514
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Is it Possible to Get My Criminal Charges Reduced in Indiana?

After an arrest, your first thought is, “how much trouble am I in?” So, it is no surprise that one of the most common questions among criminal case defendants is, “can I get my charged reduced? Or better yet, dropped?” If you are wondering whether or not it is possible to get your criminal charges reduced in Indiana and avoid jail time completely, you are already on the right path. It is important to protect your rights and preserve your freedoms, and we will tell you what you need to know.

Continue below to learn about felonies and misdemeanors in Indiana, as well as their current sentencing schedules.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Most Crimes are Classified as Misdemeanors and Felonies

Misdemeanors

Misdemeanors are not as serious as felonies, but they are still criminal offenses, nonetheless. Misdemeanors are categorized from Class A to Class C, with Class A being the most serious, and Class C being the least serious misdemeanor. Regardless of seriousness, they can all affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. Misdemeanors are punishable by up to 1 year in jail and up to $5,000 in fines.

Felonies

A felony is a serious crime because it is a federal crime, or crime against the federal law. Felonies come with harsher penalties as a result. If you are facing a felony conviction in Indiana, it is vital that you hire a private Indianapolis criminal defense lawyer to protect your rights and keep you out of jail. Felonies are categorized on a spectrum from least serious to most serious, from Level 6 Felonies to Level 1 felonies, and then murder at the very top as the highest felony, and in its own category.

Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 6 Felonies are typically called “wobblers” because they can often be reduced to a Class C Misdemeanor if the defendant has no priors. Level 1 and 2 felony crimes are the most serious levels, excluding murder.

How to Reduce Your Indiana Criminal Charges

If you are charged with a misdemeanor crimes or felony crimes in Indiana, it is vital to speak with an experienced and skilled Indianapolis criminal lawyer you can trust. Your next moves can drastically impact the overall outcome of your case, and the well-being of your future! Call Attorney David E. Lewis at 317-636-7514 to discuss the most effective legal strategies and defenses for your Indiana criminal case. We offer free consultations, so there is no out-of-pocket obligation to learn more about your charges and possible penalties. Schedule your consult over the phone, via video conference, or in-person at our Indiana criminal defense law firm

Indianapolis Criminal Defense 317-636-7514
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What if I Regret Entering a Guilty Plea?

We often say and do things that we regret. Even if in the moment we feel strongly about our decision, later on after it sinks in, the reality of your choices can hit you hard. Such is often the case with criminal defendant’s who plea guilty to their charges. Do these individuals have a chance to take back their plea if they later decide they don’t want to plea guilty?

Continue reading to learn more about appealing pleas in criminal court, and what you can do to ensure your defense protects you from losing your rights and your freedoms.

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Criminal Defense Law Firm 317-636-7514

Granted Appeals

After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.

Denied Appeals

As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or “nolo contendere” pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.

Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones.

In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.

Need a Skilled and Aggressive Criminal Defense Lawyer in Indianapolis?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514
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Is Marijuana Legal in Indiana Yet?

Anyone from the far past who steps foot into our current world might be shocked to see that recreational and medical marijuana usage has been legalized in so many areas of the world. But even though there are so many states in our very own U.S.A., the Hoosier state is not on board quite yet. Although there have been some lenient changes in some Indianapolis jurisdictions, namely Marion County, marijuana usage, possession, horticulture, distribution, and trafficking are all illegal. This means they also come with strict penalties that will reside within your permanent record, forever.

Continue below to learn the Indiana penalties for marijuana charges, and what you need to do to protect your rights after being arrested for a marijuana crime in Indianapolis.

Marijuana is Not Legal in Indianapolis, Nor Anywhere in Indiana.

The Possible Consequences of Violating Marijuana Laws in Indiana

Whether you call it weed, cannabis, pot, or ganja, marijuana is still illegal here in Indiana. If you are caught in possession or weed, or caught using, dealing, growing, or trafficking, you could face a wide scope of penalties, both on a state and federal level. Even juveniles under the age of 18 will be subjected to legal penalties if arrested or charged with marijuana. From joints, blunts, and pipes, to vape pens, edibles, and more, all forms of marijuana are illegal in our state. Furthermore, it is illegal to buy marijuana in Illinois, Chicago, or other state that has legalized recreational use, and bring it back to Indiana. The only exception to the Indiana marijuana rule is that very recently, Marion County granted legal leniency for minor marijuana offenses.

Common Marijuana Offenses include Possession, Possession w/Intent to Distribute, Manufacturing, and Trafficking / Dealing

Defendants Can Be Penalized Further if:

► Manufacturing Marijuana
► Priors for Dealing Drugs
► Dealing to a Minor
► Dealing to Someone 3 Years One’s Junior
► Possession of Firearm
► Crime Took Place in a Drug-Free Zone
► Crime Took Place in the Presence of Children
► Crime Took Place in on School Grounds or Within 500 Feet
► Crime Took Place in on or Within 500 Feet of a Park or School Bus

How Indiana Penalizes Marijuana Crimes:

►► Under 30 Grams: Class A Misdemeanor – Up to 1 Year in Jail – Up to $5,000 in Fines

►► Over 30 Grams: Level 6 Felony – Up to 3 Years in Prison – Up to $10,000 in Fines

Where to Find Aggressive Criminal Defense for Marijuana Charges in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana marijuana charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
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Call Attorney David E. Lewis and Start the New Year With a Clean Criminal Record

See if you qualify for Indiana criminal record expungement in 2021 by calling the Law Office of David E. Lewis Today! Act fast, before this law is repealed and your chance at a better future is lost forever!

Don’t Let the Choices of Your Past Hold You Down in 2021. Take Back Control of Your Life With Indiana’s Second Chance Law.

How to Expunge Criminal Records in 2021

Better job opportunities, better education, better housing, and more are all cases in which a poor criminal history can affect your quality of life. But that does not have to be your life this year! You might finally qualify for criminal record expungement in Indiana! Attorney David E. Lewis is your solution to cleaning up an inaccurate or long-past criminal record that has been holding you back ever since your initial arrest in Indiana.

Attorney David E. Lewis Will Ensure Your Petition is Filed Correctly

Attorney David E. Lewis is an aggressive criminal defense lawyer that offers professional assistance and counseling for those who wish to petition for criminal record expungement and record sealing in Indiana. The petitioning process is tedious and complex, so mistakes are common and simple to make. But you can only apply once in your life and one little mistake will get your application denied. He is your best chance at filing correctly so that you are not denied based on a simple clerical error or missed deadline.

Don’t Qualify Yet? Well You Might Next Year in 2022 or the Year After!

In the case that you do not qualify for criminal record expungement this year, there is no need to worry! You may still qualify to have your criminal and arrest records sealed instead of expunged. Or, you may just have to wait another year or two. It all depends on several eligibility factors. If you are unclear of the difference, then you are the same as thousands of fellow Hoosiers! Simply talk to Attorney David E. Lewis about your options for cleaning up your criminal record, and get started on a path towards opportunity and happiness!

Common Criminal Record Expungement Qualification Factors Include:

► Type of Arrest, Charge, or Conviction
► Severity of Conviction
► Time Passed Since Date of Arrest
► Your Current or Pending Legal Matters
► The Accuracy of Your Petition
► And More

Schedule a Free Criminal Record Expungement Consultation TODAY

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

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