Indiana Criminal Appeals: What You Need to Know

Posted on September 8, 2023 by admin

When navigating the labyrinth of the legal system, understanding the intricacies of criminal appeals can be daunting and downright confusing. In the state of Indiana, criminal appeals play a pivotal role in the justice system, providing a mechanism for challenging and reviewing lower court decisions. This blog aims to demystify the often complex process of appeals set forth by the appellate court, providing you with the crucial information you need to know.

Whether you’re a law student, an individual familiar with the justice system, or someone seeking insights into your own case, this comprehensive guide will serve as your roadmap. Let’s delve into the world of criminal appeals, and remember, the importance of a skilled criminal defense lawyer in such matters cannot be overstated.

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What is a Criminal Appeal?

A criminal appeal is a legal process in which an individual convicted of a crime challenges their conviction or sentence before an appellate court. The appeal process allows the accused to seek oversight from a higher court, whereby errors made in the lower court are identified and corrected. During this review, the court will analyze the proceedings that occurred in the lower court and determine if any legal errors were made by the judge or jury. If they find that such errors occurred, it is possible for a criminal conviction to be reversed or modified on appeal.

When Must an Appeal Be Filed?

Under Indiana law, you must file an appeal within 30 days of your sentence being imposed in the lower court. This deadline is strict and failing to file within the allotted time frame may result in your case being denied, so it’s crucial to be diligent with filing deadlines. After the appeal has been filed, an appellate court will schedule an appeal hearing in order to review the case. At this time, they may decide that oral arguments are necessary or that further documentation is needed from either side before a final ruling can be made.

What Is the Role of a Criminal Defense Lawyer?

In criminal appeals, having an experienced and knowledgeable criminal defense lawyer is essential; after all, they are best suited to assist you in navigating the complex proceedings associated with appellate court review. A skilled attorney will possess extensive knowledge of state and federal law relevant to your case, as well as be familiar with court procedures and the rules of evidence. Additionally, they will have experience in ensuring that all relevant deadlines are met, and paperwork is filed properly in a timely manner.

What Happens if an Appeal is Denied?

If an appeal is denied, the conviction and sentence imposed by the lower court are upheld. However, in certain circumstances, you may be able to file a second appeal known as a petition for rehearing or reconsideration. This petition will ask the initial appellate court to review their decision and explain why they believe it should be overturned. If the request is granted, the court may hear additional arguments or ask for supplemental briefs. In some cases, they might even order a new trial in the lower court before making a ruling.

In Conclusion

In Indiana, criminal appeals provide individuals convicted of crimes an opportunity to challenge their convictions or sentences before an appellate court. To ensure your appeal is successful, it’s important to understand the intricacies of the process and remain mindful of filing deadlines. Above all, however, having an experienced criminal defense lawyer to help navigate this complex legal issue is key; rest assured that a qualified attorney will be committed to advocating for your success and fighting for your rights.

This blog has hopefully provided insight into the world of Indiana criminal appeals, but it is important to remember that the legal system can be complex. If you are facing a criminal appeal in Indiana, contact an attorney immediately for assistance; they will have the knowledge and experience necessary to ensure the best possible outcome for your case.

Would you like to fight the system and turn around your recent criminal conviction? Get a defense lawyer who won’t back down. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. We can get you the best possible outcome to your appeal case!

Types of Criminal Records That Can Be Expunged in Indiana

Posted on July 7, 2023 by admin

If you’ve been arrested and convicted of a crime in Indiana, it can have long-term effects on your life. It may limit your job opportunities or make it difficult for you to rent an apartment. Fortunately, if you are eligible, you may be able to have some or all of your criminal records expunged. Expungement is the process by which certain criminal records are sealed from public view, allowing those with past convictions a second chance at success without the stigma of their mistakes weighing them down. In this blog post, we will discuss the different types of criminal records that can be expunged in Indiana and how to go about doing so.

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Indiana Criminal Records Eligible for Expungement

In Indiana, there are three types of criminal records that can be expunged. These include Class D felonies, misdemeanors, and infractions. To qualify for an expungement, you must have been convicted of one or more of these crimes and must not have any pending criminal cases. Additionally, you must wait a certain amount of time before petitioning for an expungement; the specific waiting period depends on the type of crime committed and your criminal history. For example, if you were convicted of a misdemeanor, you may need to wait five years before being eligible for an expungement.

How to Apply for Criminal Expungement

In order to apply for an expungement in Indiana, it is recommended that you consult with a competent criminal defense lawyer who specializes in record sealing and expungement. This is because the process can be complex, and an experienced lawyer can guide you through it from start to finish. The lawyer will help you complete the necessary paperwork and make sure that all of your records are properly sealed so that no potential employers or landlords can access them.

The Average Cost to Have Your Criminal Records Expunged in Indiana

Navigating the process of having your criminal records expunged can often be a difficult and complex endeavor, and understanding the associated costs with such an endeavor is essential. In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees. Depending on the county in which one resides, there may also be additional processing fees that can range from $50 to $100 or more.

In addition to court filing fees, those seeking to have their criminal records expunged may also need to hire an attorney who specializes in such matters. Attorney fees will vary depending on individual needs and complexity of the case; however, most attorneys charge between $500 and $2,000 for their services. There are some pro-bono or free legal services available in certain counties as well – it is important to research what options are available so you can make an informed decision when considering how to proceed with your criminal record expungement case.

It’s important to note that not all cases will qualify for expungement. Additionally, if a person’s case does qualify for expungement, they should be aware that this process will take several weeks or months before it is completed. It’s thus important that anyone looking into their options for having their record expunged understands both the cost involved as well as the amount of time needed for this process. Doing so can help ensure that one makes an informed decision when pursuing a criminal records expungement in Indiana.

If you’re considering applying for a criminal record expungement in Indiana, make sure to consult with an experienced expungement lawyer who can guide you through the process from start to finish. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services start as low as $850, so act now before it’s too late!

How to Improve Your Chances of Winning a Criminal Appeal

Posted on June 28, 2023 by admin

If you’ve been convicted of a crime, and you want to challenge the conviction in court, then filing an appeal is your best option. An appeal is when an appellate court reviews the decision of a lower court and decides if it was correct or not. It can be difficult to win an appeal but there are steps that can be taken to improve your chances.

In this blog post, we will discuss how to better position yourself for success when appealing a criminal conviction. We will look at strategies such as researching legal precedents, gathering evidence, finding expert witnesses and more. Read on to find out how you can give yourself the best chance of winning your criminal appeal!

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Understanding What Happens at a Criminal Appeals Hearing

When a conviction has been made in a criminal court case, the defendant, their criminal defense lawyer, or both may seek a criminal appeals hearing. At this type of hearing, the defendant’s legal team will present information to the appellate court that they believe shows errors or procedural mistakes that occurred during the initial trial and subsequent conviction.

During a criminal appeals hearing, both the prosecution and defense will have the opportunity to argue their case, but the appellate court’s main job is to review the lower court’s decision-making process, ensuring that the case was tried fairly and properly. Ultimately, the appellate court will then either affirm the lower court’s decision or overturn it and order a new trial.

Tips for Winning a Criminal Appeals Case

Hire an Appellate Lawyer: A criminal appeals hearing is a legal process that allows a defendant to challenge their conviction or sentence, but the process can be complex and challenging. Hiring a criminal defense lawyer can help make the process easier and can increase the chances of a successful appeal. An experienced appellate attorney can help with various aspects of the appeal, including identifying legal errors, gathering and analyzing evidence, and presenting a strong case in court. Additionally, they can provide guidance on what to expect during the appeals process, including what evidence to present, how to address the court, and how to navigate the complex legal procedures.

Do Your Research: The first step to take when preparing for an appeal is to research legal precedents. This means looking into other cases with similar facts and circumstances and comparing them to your own. This can provide you with valuable insight into the likelihood of winning a criminal appeal as well as helping ensure that you are not making any mistakes in your arguments. Additionally, it’s important to be familiar with the laws surrounding your case so that you can make better informed arguments in court.

Gather Evidence: It’s also important to gather evidence that supports your argument. This could include documents such as witness statements, police reports, photographs, or video footage. Anything that provides proof of innocence should be presented during the appellate process.

Find Expert Witnesses: Identifying and interviewing expert witnesses is essential for a successful appeal. Expert witnesses are individuals who can provide testimony or evidence that supports your case. They may be professionals in the field of medicine, psychology, engineering, or law, just to name a few. It’s important to find an experienced and knowledgeable expert witness who can help make your arguments more convincing.

Write Effective Documents: When appealing against a criminal conviction, it’s important to write effective documents such as appeal briefs or motions. These documents should explain why you believe the lower court erred in its decision and how your side of the argument is correct. You should also cite legal precedents that support your argument as well as any evidence you have gathered.

Be Prepared: Finally, it’s important to be prepared for the hearing in the appellate court. This means coming to court with all your documents and evidence organized and ready to be presented as well as being familiar with the laws surrounding your case so that you can answer any questions from the judges.

In Summary

By following these steps, you can give yourself a better chance of winning a criminal appeal. It’s important to do your research, gather evidence, find expert witnesses, and write effective documents as well as come prepared for the hearing in court. With some hard work and dedication, you may have success in overturning your conviction!

Are you unhappy with your recent criminal conviction? You need a defense lawyer who won’t let you down this time. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!

Examining the Impact of Indiana’s Criminal Justice Reforms

Posted on June 8, 2023 by admin

Indiana has been in the process of reforming its criminal justice system for several years now, and the results have been promising. The state’s reforms have included reducing sentences for certain nonviolent offenses, investing in alternatives to incarceration, and expanding access to reentry programs. These measures are aimed at reducing prison overcrowding while still maintaining public safety. Additionally, Indiana has invested in programs that focus on helping individuals affected by crime avoid returning to prison after release.

In this blog post, we’ll take a look at how these changes have impacted Indiana’s criminal justice system and what challenges remain as we continue working towards a more equitable and effective system of justice. We’ll also discuss what other states can learn from Indiana’s experience with criminal justice reform. By understanding the successes and failures of past reform efforts, policymakers across the nation can work together to create lasting change within our country’s criminal justice systems.

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Indiana’s Criminal Justice Reforms Help Reduce Crime

Indiana’s criminal justice reforms have resulted in decreased crime rates across the state. The rate of violent crimes has dropped by nearly 20 percent since 2016, and property crime rates have also declined over the same period. This is especially apparent in areas where more resources are invested in community-based approaches to addressing crime and drug addiction. As a result, fewer individuals are facing incarceration for low-level offenses than before.

Higher Rate of Successful Reentries to Society

Additionally, Indiana has seen an increase in successful reentry outcomes among those who leave prison after their sentence has been served. This can be attributed to the expanded access to resources such as job training programs and substance abuse treatment centers that help these individuals transition back into society without resorting to criminal behavior. By providing people with the necessary support to stay out of prison, Indiana is helping reduce recidivism rates and create a safer environment for its citizens.

Common Challenges Faced by Criminal Justice Reform

Despite these successes, there are still some challenges that must be overcome before Indiana can fully realize its criminal justice reform goals. One such challenge is addressing racial disparities within the system. While African Americans make up just 10 percent of the state’s population, they represent over 30 percent of those convicted of felonies and nearly 60 percent of those incarcerated in Indiana prisons. This disparity is indicative of systemic racism within the criminal justice system and must be addressed if meaningful change is to occur.

Additionally, while overall crime rates have dropped due to reforms, there are still areas where more progress needs to be made. For example, offenses involving firearms have increased in some cities, and the number of homicides has remained largely unchanged from before the reforms began. To better address these issues, Indiana must invest more resources into programs that promote public safety and prevent crime rather than simply relying on harsher punishments for those who break the law.

In Summary

Overall, Indiana has made great strides towards reforming its criminal justice system in recent years. By investing in alternatives to incarceration and providing individuals with necessary support after release, the state has been able to reduce both prison populations and crime rates across the board. However, there is still work to be done in order to fully realize this potential and create a more equitable criminal justice system that works for everyone. Understanding the successes of Indiana’s reforms and taking the necessary steps to address the challenges that still remain is key for other states looking to replicate these results.

Are you a parolee or on probation and wish to appeal or expunge your conviction in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed appellate lawyer in Indianapolis, Indiana. We can start working on your case TODAY.

How to Get Started with the Process of Criminal Record Expungement in Indiana

Posted on May 24, 2023 by admin

Are you looking to clean up your criminal record and get a fresh start? If so, then the process of criminal record expungement in Indiana may be right for you. Expunging or sealing your criminal records can help improve your reputation, employment opportunities, housing prospects and more.

In this blog post, we’ll explain how to get started with the process of criminal record expungement in Indiana. We’ll also discuss why it is important to seek legal assistance from an experienced expungement lawyer during the process. So, if you are ready to learn more about how to clear your criminal record in Indiana, keep reading!

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Indiana Criminal Expungement Process

In Indiana, you can file to have your criminal record expunged or sealed. Expungement is the process of permanently deleting all records related to an arrest or conviction from public view. Sealing a record removes it from public view but does not delete it entirely; if the court ever needs to access the information, they will be able to do so. Both processes can help improve your reputation and job prospects by preventing employers, landlords and potential partners from seeing past mistakes.

Getting Started With Criminal Record Expungement

☑ Understand What You’re Up Against

The first step in the process of criminal record expungement in Indiana is understanding which arrests and convictions are eligible for expungement/sealing. Not every case qualifies for this type of relief – only certain offenses can be dismissed, such as misdemeanors, felonies, and some juvenile offenses.

☑ Gather Your Records

Once you have reviewed the eligibility guidelines, you’ll need to collect all of your court records related to the arrest or conviction. You can request these documents from the court clerk in the county where your case was heard.

☑ Fill Out and Submit the Petition

Next, you will need to fill out an expungement/sealing petition and submit it to the court with a filing fee. This form explains why you are requesting relief from your records and includes evidence such as letters of recommendation that support your claims. The court will review this form before deciding whether or not to grant your petition. If approved, they will sign an order stating that the record has been cleared or sealed.

Seek Out Legal Advice From an Expungement Lawyer

While this is a relatively straightforward process, it is important to seek legal assistance from an experienced expungement lawyer during the application process. An attorney can help you understand the eligibility criteria and make sure that your petition meets all of the requirements. They will also be able to advise you on other steps such as filing fees and submitting documents correctly. Having a knowledgeable attorney on your side is key to getting approved for criminal record expungement in Indiana.

If you make just one minor error during the criminal record petition process, like a misspelled name or missed filing deadline, your petition will be rejected. From there, you will no longer be eligible to file for criminal expungement or record sealing ever again. You can only submit one petition in your lifetime. This is reason enough to enlist the services of a criminal record expungement attorney in Indianapolis to navigate the process for you.

Conclusion

Now that you know more about how to get started with the process of criminal record expungement in Indiana, you can take the first step towards clearing your past and starting fresh! Just remember that it’s essential to hire an experienced Indianapolis expungement lawyer who can guide you through this complex legal process. With their help, you can take a proactive approach to cleaning up your criminal record and creating a better future for yourself.

Are you ready to submit your petition for record sealing or expungement in Indiana? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal expungement lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.

7 Tips for Those on Probation or Parole

Posted on May 18, 2023 by admin

Going through the criminal justice system can be a difficult experience, particularly for those who are on probation or parole. Not only is there the stigma of having been convicted of a crime, but also the challenges associated with being under supervision and attempting to re-integrate into society.

However, it doesn’t have to be an insurmountable obstacle. With some dedication and hard work, it is possible to successfully complete your term of probation or parole without further incident. To help you along this path, continue below for seven tips that can help make sure things go as smoothly as possible while you’re on probation or parole.

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Seven Tips for Probationers and Parolees

If you are on probation or parole, you can successfully complete your term without any further incidents by dedicating yourself and working hard. Here are seven tips that can guide you in the right direction and ensure that things go well during your probation or parole period:

1. Abide by the rules and regulations set forth by your probation or parole officer: This may sound like an obvious one, but it is of utmost importance that you adhere to all the rules set out for you while on probation or parole. Not only will this ensure that you don’t get in any additional trouble, but it will also demonstrate to your probation or parole officer that you are serious about making changes in your life and abiding by the law.

2. Report any changes in address or employment status promptly: It is important to let your probation or parole officer know right away if there are any changes with where you live or work. Failing to update them can result in a violation of your terms and put you at risk of additional consequences.

3. Do not associate with anyone who may be involved in criminal: While on probation or parole, it is essential that you limit your contact with those who are engaged in any illegal activities. Even if they are just acquaintances, having a negative association can lead to further problems down the line and even result in a violation of your terms.

4. Attend all court appearances and meetings with your probation or parole officer as required: Showing up to scheduled court appearances and meetings with your probation or parole officer is critical to demonstrating that you take these obligations seriously and want to remain compliant with the terms of your release. Failing to do so could result in more serious repercussions.

5. Seek out counseling or treatment services when necessary: If you are struggling with any mental health issues, substance abuse, or other matters that need to be addressed in order to stay on the right track while on probation or parole, make sure you seek out the appropriate counseling and/or treatment services. Doing so can help ensure that you remain compliant and successful in your journey.

6. Follow a strict budget and develop financial responsibility: It is important to get into the habit of creating and following a budget while on probation or parole. This can help prevent further financial troubles down the road and will demonstrate to your probation officer that you are working hard to become financially responsible over time.

7. Participate in community programs or activities: Taking part in programs and activities within your local community is a great way to demonstrate that you are looking to become an active member of society while on probation or parole. Doing so can help show you in a positive light and give you the opportunity to build positive relationships with those who may be able to provide assistance further down the line.

There is Hope for a Better Future After Jail or Conviction

For those on probation or parole, it is important to remember that there is hope for a better future. With some hard work and dedication, it’s possible to successfully complete your sentence without any additional incident. By following the tips above, you can put yourself in the best position possible for staying compliant with your terms of release and re-establishing yourself as a productive member of society.

Are you looking for the right criminal appeals lawyer to reduce, dismiss, or expunge your probation or parole terms and consequences? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal appeals lawyer in Indianapolis, Indiana. Our criminal attorneys will get the best possible outcome for your criminal case!

How to Make the Most of Your Time on Probation

Posted on April 21, 2023 by admin

If you’ve been placed on probation, it may feel like a huge burden. You have to follow strict rules and regulations while also dealing with your regular life. But probation doesn’t have to be an overwhelming experience – there are ways to make the most of your time on probation so that you can get back on track as soon as possible. Continue reading for some tips for managing your time while on probation.

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Tips For Dealing With Being on Probation

Being on probation may feel like a big weight on your shoulders with all the strict rules to follow along with your regular routine. However, there are ways to turn this experience into a positive one, helping you to get back to your life as soon as possible. Here are a few to consider while on probation:

✏ Find a good support system – It is important to find supportive people who will help you navigate this difficult situation, such as family members, friends, or even a mentor.

✏ Follow all instructions from your probation officer – Your PO is there to ensure that you comply with all court orders and stay out of trouble during this period. Make sure you understand what is expected of you and do everything in your power to meet those expectations.

✏ Get legal advice from a criminal defense attorney – An experienced criminal defense attorney can provide invaluable advice regarding how best to handle any issues related to being placed on probation. They can also guide you through the process if any violations occur during this period.

✏ Take advantage of available resources – Many states and communities offer programs that are designed to help people who are on probation. These may range from life skills classes to job training opportunities.

✏ Stay organized – Make sure you keep track of all court documents, meetings with your PO, and any other important requirements that must be met in order for you to successfully complete your probation period.

✏ Take Care of Yourself – Lastly, make sure to take time for yourself during this period as well. Taking care of yourself is just as important as following the rules set forth by your PO, so give yourself the time and space you need to relax and unwind.

By following these tips, you can make the most of your time on probation and get back on track as quickly and safely as possible.

Tips for Parolees

Parolees often struggle to re-enter society after serving their time in prison. It can be a daunting experience to adjust to life outside of prison walls. However, by following a few tips, parolees may make the process of reintegration easier. First, it is important to establish a support network of friends, family, or community organizations. This support can provide a sense of belonging and help parolees access resources they may need.

Additionally, creating a structured schedule for daily activities such as work, exercise, and hobbies can help build a routine that fosters a sense of normalcy. Finally, maintaining a positive attitude and embracing personal growth can help parolees establish a sense of purpose and direction. With a little encouragement and effort, parolees can successfully transition back into society and become contributing members of their communities.

Understanding the Impact of a Criminal Record in Everyday Life

Posted on April 12, 2023 by admin

Having a criminal record can have an immense impact on your life. It can make it difficult to find jobs, housing, and even educational opportunities. But while the consequences of having a criminal record are real, there may be ways to mitigate them by expunging or sealing your record or appealing a conviction.

In this blog post, we’ll discuss how understanding the effects of a criminal record in everyday life is essential for making informed decisions about your future. We’ll also explore some strategies that you can use to minimize the damage done by past mistakes including criminal appeals and background checks. Finally, we’ll look at the process of expungement so you know what options are available if you want to clear your name once and for all.

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How a Criminal Record Can Hold You Back in Life

The most obvious impact of having a criminal record is the difficulty finding a job or being considered for a promotion within current employment. Since many employers conduct background checks, they may decide not to hire or promote an applicant with a criminal record. This can make it difficult to secure employment and work towards financial independence. Additionally, some housing and rental applications conduct background checks, so it is possible that your application to rent an apartment or lease a vehicle could be rejected due to your criminal history. Furthermore, certain educational opportunities may become inaccessible if you have been convicted of a crime, as well as your dating and social life.

Appeals for Recent Criminal Records

While these consequences are serious, there are ways to reduce their impact on your life. If you were convicted of a crime but believe that you have been wrongfully accused or punished, you can file for an appeal through the appellate court system in your state or country. Depending on the outcome of your appeal, it may be possible for you to clear your name and potentially have the charges removed from your criminal record. Additionally, depending on which state you live in, there could be an option to expunge or seal a criminal record so that employers or landlords cannot see it during background checks.

Criminal Record Expungement and Record Sealing

For those wanting to pursue expungement of their older criminal records, the process is typically quite complex and can vary greatly depending on where you are located. Generally speaking, a person must first file a petition with the court that outlines why they believe their conviction should be vacated or expunged. After this is done, the prosecutor may review the case and decide if they will agree to an expungement or not.

If they agree, the court will typically hold a hearing to discuss the petition and make a final decision. From there, the petitioner can take further action if they need to in order to clear their name. It is necessary to hire an experienced criminal record expungement lawyer to manage your petition because it is a difficult application process and you are only allowed to file one time in your life. Just one innocent mistake, like a missed deadline or skipped line, will result in your petition being denied.

Indiana’s Second Chance Law

Indiana’s Second Chance Law is a state statute that allows eligible individuals to have their past criminal records expunged or sealed. This law is designed to help people who have made mistakes in their past and want to start over with a clean slate. It can be a game-changer for those who are struggling to find a job, housing, or schooling due to their criminal history. The Second Chance Law provides a path for redemption and the opportunity for individuals to regain their rights as citizens. However, it is important to note that not all convictions are eligible for expungement, and the process can be complex. Therefore, it’s crucial to seek legal advice before pursuing the expungement process. Overall, Indiana’s Second Chance Law offers hope and a chance for a brighter future for those who qualify.

Clean Up Your Criminal History This Year!

Understanding the impact of a criminal record in everyday life is essential for making informed decisions about your future. Knowing which avenues that you have available to minimize the damage done by past mistakes can empower you to create a better future for yourself. Whether that means filing an appeal or seeking expungement of your conviction, it’s important that you understand your options before taking action. With knowledge comes power, so make sure you do your research and get informed about how to best manage the effects of having a criminal record on your life!

Are you ready to expunge, seal, or appeal a conviction so that you can have a cleaner permanent record? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services for expunging and sealing criminal records starts as low as $850, so act now before it’s too late!

Understanding the Insanity Defense in Indiana

Posted on April 4, 2023 by admin

When it comes to criminal defense, one of the most complicated and controversial strategies is the insanity defense. This legal strategy is designed to challenge an accused person’s responsibility for a crime based on their mental state at the time of committing the act. In Indiana, this plea can be used in court as part of a criminal defense but there are certain criteria that must be met in order for it to be successful.

In this blog post, we’ll take a look at how an insanity plea works in Indiana and what you need to know if you or someone you know is considering using this type of defense.

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Using the Insanity Defense in Indiana

In criminal defense cases, the insanity plea is an important tool that can protect defendants when their mental health is in question. In Indiana, it must be proven beyond a reasonable doubt that the defendant was mentally ill at the time of committing the act for which they are accused in order for the insanity plea to be successful. It’s crucial to understand the criteria involved and seek qualified legal help if you or someone you know is considering making use of this type of defense. An experienced attorney can provide valuable insight into what evidence would need to be presented to the court in order for a plea of insanity to stand and work with you or your loved one throughout the process. With legal help, it’s possible to get the best outcome for your case when dealing with the complexities of an insanity plea in Indiana.

What You Need to Know About Insanity Pleas

The first thing to understand about the insanity defense in Indiana is that it is known as an “affirmative defense.” This means that it must be proven beyond a reasonable doubt that the defendant was insane at the time of committing the act for which they are being accused. The burden of proof rests firmly on the accused, and in order for them to succeed with this type of plea, they must prove that due to their mental health issues, they had a distorted understanding of reality or were unable to control their actions.

If you or someone you know is considering using an insanity plea in Indiana, there are some important criteria to consider:

– The accused must have been mentally ill at the time of committing the crime.

– They must be able to prove that the mental illness caused the criminal behavior.

– The accused must have been unaware of their actions or unable to control them at the time of committing the crime.

Speak to a Criminal Defense Lawyer

The insanity defense in Indiana is a complex one, and it’s important to seek legal guidance if you or someone you know may need to use this type of defense. A qualified and experienced Indianapolis criminal defense attorney can provide advice on whether an insanity plea could be successful and what evidence would be needed in order for it to stand up in court. Understanding how an insanity plea works and its various criteria can help those facing serious criminal charges determine their best possible options for achieving a favorable outcome.

Are you or a loved one facing serious criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

What You Should Know Before Attending an Appeal Hearing in Indiana

Posted on February 17, 2023 by admin

Are you considering filing an appeals case in Indiana? If so, it’s important to be aware of the appeals process and what you need to do before attending a hearing. The appeals process can seem overwhelming at first, but with the help of a knowledgeable criminal defense lawyer or appellate attorney, your chances of success are much greater.

Continue reading to learn what you should know about appeals hearings in Indiana and how best to prepare for one.

Understanding the Appeals Process in Indiana

The Indiana Court of Appeals Process

The appeals process in Indiana is relatively straightforward, but it’s important to understand what you need to do for each step of it. An appeals case begins when a party files an appeal with the appropriate court. From there, the appeals court will review the case and issue a ruling.

Gather Your Evidence and Arguments

Before attending a hearing, make sure you have all of your evidence and arguments ready. This includes any documents or other evidence that could support your argument as well as legal precedents that may bolster your claim. You should also prepare yourself to answer questions from judges or opposing counsel during the hearing if necessary.

Hire an Experienced Criminal Appeals Lawyer

An appeals hearing can be an intimidating experience, and it’s best to have a knowledgeable criminal appeals attorney on your side. A good Indianapolis appellate lawyer will know the appeals process inside and out, as well as how best to present your case in front of a judge or appeals court.

Prepare for Questions from the Appeals Court

Appeals courts may ask questions during the hearing that could challenge your arguments or evidence. Make sure you are prepared to answer any questions from the appeals court with confidence and clarity.

You Can Ensure a Better Chance at Success

Appeals hearings can be daunting experiences, but with proper preparation, you can make sure that your case is presented in the best possible light. If you’re considering filing an appeal in Indiana, contact an experienced criminal appeals lawyer in Indianapolis to discuss your options. They can guide you through the appeals process and help ensure that your case is heard in front of the appeals court. With their expertise, you’ll have a much better chance of success!

Are you ready to appeal your conviction so that you may avoid jail time altogether? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal appeals lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.