What to Expect When Facing Embezzlement Charges

Posted on November 29, 2023 by admin

Facing embezzlement charges can be an overwhelming experience, often fraught with uncertainty and fear. This white-collar crime, typically characterized by the misappropriation of funds entrusted to someone in a position of authority, carries severe consequences and can leave a lasting impact.

Throughout this blog post, we will explore a multitude of real-world embezzlement examples, such as employee theft, to give you a clearer understanding of the complexity of these cases. We’ll also discuss the crucial role an embezzlement attorney plays in navigating these legal hurdles and provide you with insight into the process surrounding embezzlement charges. Our aim is to shed light on this often misunderstood area of law, providing clarity and guidance to those who find themselves facing such charges.

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Embezzlement Examples

Embezzlement is a crime that can occur in a variety of settings, from large corporations to small businesses, and even in personal relationships. One common example of embezzlement is employee theft, which involves an employee abusing their position of trust within a company by siphoning off funds for their personal benefit. This could be through the manipulation of financial records or the direct theft of cash or assets. Other instances may involve a person in a position of authority, such as an accountant or bookkeeper, misappropriating funds from their clients. There have also been cases where family members have embezzled money from their elderly relatives’ accounts.

The Role of an Embezzlement Attorney

If you are facing embezzlement charges, it is crucial to seek the guidance of an experienced criminal defense embezzlement attorney. These legal professionals specialize in defending individuals accused of white-collar crimes and have a deep understanding of the complexities surrounding these cases. They will work diligently to investigate the evidence against you and build a strong defense on your behalf. With their knowledge and expertise, they can negotiate with prosecutors and potentially reduce the severity of the charges or have them dropped altogether.

What to Expect if Charged With Embezzlement or Employee Theft

Embezzlement cases can be lengthy, with multiple court appearances and a possible trial. As such, it’s essential to prepare yourself for what lies ahead. Your embezzlement attorney will advise you on how to present yourself in court and may even suggest seeking counseling or therapy to address any underlying issues that may have led to the alleged crime. It’s also important to understand that embezzlement charges can not only result in criminal penalties but also civil lawsuits from the affected parties seeking restitution. Your attorney will help you navigate these potential legal ramifications and work towards a favorable outcome for all parties involved.

Penalties for an Embezzlement Conviction in Indiana

In the state of Indiana, embezzlement charges are classified as either a misdemeanor or a felony, depending on the value of the property involved. If convicted of a misdemeanor, penalties can include up to one year in jail and fines of up to $5,000. Felony convictions carry much harsher consequences, including prison time and substantial fines. Additionally, those convicted of embezzlement may face loss of employment, damage to their reputation, and difficulty finding future employment opportunities.

Wrapping Up

In conclusion, facing embezzlement charges can be a daunting and complex experience. However, with the support of an experienced embezzlement attorney, you can navigate these challenges and work toward a resolution. It’s also crucial to understand the gravity of these charges and their potential consequences, both criminally and civilly. We hope this blog has provided you with valuable information on what to expect when facing embezzlement charges and the essential role an embezzlement attorney plays in these cases.

If you or someone you know is facing such charges, seek legal counsel immediately to protect your rights and best interests. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned embezzlement attorney in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

Understanding Bank Fraud Charges in Indiana: A Comprehensive Guide

Posted on November 24, 2023 by admin

In today’s digital age, the unfortunate reality is that bank fraud has become increasingly prevalent. In Indiana, just like in any other state, it’s an issue that has caused huge financial losses for both individuals and institutions. Whether it be through wire fraud, check fraud, or other illicit means, the consequences are severe and far-reaching.

Our comprehensive guide aims to shed light on the intricacy of bank fraud charges in Indiana, helping you to understand the finer details of these offenses, their potential implications, and the legal defenses that can be employed should you find yourself facing such charges. This is not just a read for the legally inclined but a crucial resource for all, as knowledge can equip us with the right tools to prevent becoming victims of these financial crimes.

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What is Bank Fraud?

Bank fraud involves the use of deceitful or fraudulent means to illegally obtain money, assets, or property from a financial institution. This can include actions such as falsifying documents, identity theft, or embezzlement. The rapid advancements in technology have also made cybercrimes such as phishing and malware attacks a common form of bank fraud. These fraudulent activities not only harm the financial institutions but also have a ripple effect on the economy and individual victims.

Types of Bank Fraud in Indiana

The state of Indiana recognizes various forms of bank fraud, with some specific to financial institutions and others aimed at individuals. Here are three common types of bank fraud one can encounter in Indiana:

Wire Fraud

Wire fraud involves using electronic communications, such as phone calls or emails, to defraud an individual or financial institution. It can take many forms, including posing as a representative of a bank and tricking victims into revealing sensitive information like account numbers and passwords.

Check Fraud

Check fraud typically involves the creation of fake checks or the alteration of legitimate checks in order to obtain funds from someone else’s account. This can include forging signatures, changing the payee name, or altering the amount on the check.

Loan Fraud

Loan fraud is another common form of bank fraud in Indiana and includes actions such as providing false information to obtain a loan, misrepresenting assets or income, or submitting fraudulent documentation.

Potential Consequences of Bank Fraud Charges

The penalties for bank fraud charges in Indiana vary depending on the severity of the offense. They can range from fines and imprisonment to restitution and probation. Additionally, individuals convicted of bank fraud may also face civil lawsuits from victims seeking compensation for their losses. In cases involving large sums of money or multiple offenses, federal authorities may become involved, resulting in even harsher consequences.

Possible Defenses against Bank Fraud Charges

If you find yourself facing bank fraud charges in Indiana, it’s crucial to seek legal counsel immediately. An experienced attorney can help build a strong defense based on the specific circumstances of your case. Some common defenses against bank fraud charges include lack of intent to defraud, mistaken identity, and entrapment.

It’s also important to note that being charged with bank fraud does not automatically mean a conviction. The prosecution has the burden of proving guilt beyond a reasonable doubt, and a skilled defense attorney can challenge the evidence presented.

Conclusion

Bank fraud is a serious offense that carries significant consequences in Indiana. By understanding its different forms, potential implications, and available defenses, we can equip ourselves with the knowledge to protect against falling victim to these financial crimes. If you or someone you know is facing bank fraud charges, it’s crucial to seek legal counsel and build a strong defense to protect your rights and future. Stay vigilant and informed, as knowledge truly is power when it comes to preventing and fighting against bank fraud in Indiana. So, continue educating yourself and those around you about this important topic.

Looking for aggressive criminal defense that can get you the best possible outcome in court for your fraud charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense charge defense lawyer who can skillfully fight your bank fraud charges in Indianapolis, Indiana. Act now while there is still ample time to build your defense and secure your freedoms.

Crucial Steps to Take After Getting Arrested for a Felony in Indiana

Posted on November 20, 2023 by admin

Facing a felony charge in Indiana can be a daunting and life-altering experience. Your decisions immediately following an arrest can significantly influence the course of your case. Understanding the steps to take can be pivotal in safeguarding your rights and building a strong criminal defense.

This blog aims to shed light on these essential steps and provide guidance to navigate the often complex landscape of felony charges and potential conviction. It’s crucial to remember that every situation is unique, and this advice should be seen as a general guide, not a substitute for professional legal advice.

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How to Manage a Felony Arrest With Success

Seek Legal Representation Immediately

The first and most crucial step to take after getting arrested for a felony criminal charge in Indiana is to seek legal representation immediately. The state of Indiana has strict laws when it comes to felony charges, and without proper legal counsel, you could face severe consequences. A skilled criminal defense attorney will understand the nuances of the law and have experience defending against similar charges. They can advise you on the best course of action and protect your rights throughout the legal process.

Remain Silent

After being arrested, it’s essential to remain silent until your attorney is present. Anything you say can be used against you in court, so it’s crucial not to incriminate yourself by speaking without legal counsel present. This includes speaking with law enforcement, jail staff, or other inmates. It’s best to exercise your right to remain silent and wait for your attorney’s guidance.

Understand Your Charges

Understanding the specific felony charge brought against you is crucial in building a strong defense. In Indiana, felonies are classified into six levels, with Level 1 being the most severe and Level 6 being the least severe. The penalties for each level vary greatly, with Level 1 felonies carrying a prison sentence of up to 40 years and fines of up to $10,000. Your attorney can help you understand the charges against you and the potential consequences if convicted.

Attend All Court Appearances

It’s essential to attend all court appearances after being charged with a felony. Failure to appear can result in additional charges and penalties, including an arrest warrant being issued. Your attorney will advise you on when and where you need to appear, as well as how to conduct yourself in court. It’s crucial to remain respectful and follow any instructions given by the judge or courtroom staff.

Consider Bail Options

After your arrest, you may be able to post bail and be released from custody until your trial. There are various types of bail options available, including surety bonds, cash bonds, property bonds, and release on recognizance (ROR). Your attorney can help you understand the different options and determine which one is best for your situation. If unable to afford bail, your attorney can also argue for a reduction in bail amount or for you to be released on your recognizance.

Follow Your Attorney’s Advice

Throughout the legal process, it’s crucial to follow your attorney’s advice. They have your best interests in mind and will guide you through each step of your case. It’s important not to make any decisions without consulting with them first, as even seemingly insignificant actions could have severe consequences. Trust in your attorney’s experience and expertise to help you achieve the best possible outcome for your case.

Final Thoughts

Being arrested for a felony in Indiana is a serious matter that should not be taken lightly. By following these crucial steps, you can protect your rights and work towards building a strong criminal defense with the help of an experienced attorney. Remember to remain calm, seek legal representation immediately, and follow your attorney’s advice throughout the process. With a strong defense and the right guidance, you can navigate this challenging situation and work towards a favorable outcome. So if you or someone you know is facing a felony charge in Indiana, don’t hesitate to take these crucial steps and seek professional legal help as soon as possible.

If you are facing felony criminal charges, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned felony criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Defending Against Disorderly Conduct Charges: A Roadmap For Indiana Residents

Posted on November 15, 2023 by admin

Facing disorderly conduct or public intoxication charges can be an overwhelming experience, particularly if you’re uncertain about your legal rights and potential defenses. In Indiana, these criminal charges carry significant penalties and societal stigma, making it crucial to understand the law and how to navigate the legal terrain effectively.

This blog post aims to provide Indiana residents with a comprehensive roadmap to defend against disorderly conduct charges. We’ll cover everything from what constitutes disorderly conduct and public intoxication under Indiana law, to the potential legal defenses available and the importance of seeking skilled legal representation. So, let’s dive in!

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What is Disorderly Conduct and Public Intoxication?

Before we discuss how to defend against these charges, it’s essential to understand what they entail. According to Indiana Code 35-45-1-3, disorderly conduct is defined as “intentionally making unreasonable noise and continuing to do so after being asked to stop.” This can include shouting, screaming, or engaging in other disruptive behaviors in a public place. On the other hand, public intoxication is defined as being under the influence of drugs or alcohol and posing a threat to oneself or others in a public place.

Most Common Types of Disorderly Conducts in Indiana:

Fighting or Engaging in Violent Behavior

Under Indiana law, it is illegal to fight or engage in any type of violent behavior in public. This includes physical altercations between two or more people as well as the use of weapons such as guns and knives. Any person who engages in fighting, intimidation, or violent behavior can be charged with disorderly conduct and may face fines and/or jail time if convicted.

Disturbing the Peace

It is also illegal to disturb the peace in Indiana. This includes activities such as shouting, playing loud music, and otherwise creating loud noises that can be heard by other people in the area. Additionally, it is against the law to make any type of statement that could be considered offensive or insulting towards another person or group of people.

Obstructing a Public Place

It is also illegal to obstruct a public place in Indiana. This includes activities such as blocking entrances and exits to buildings, preventing people from entering certain areas, and otherwise making it difficult for people to move around freely in public places. Additionally, it is against the law to interfere with emergency personnel while they are performing their duties.

Refusing to Leave When Asked

Finally, it is illegal to refuse to leave an area when asked by police officers or other authorized individuals. This includes refusing to leave private property when asked by the owner or refusing to leave a business establishment after being asked by store staff members or security personnel. Refusing to leave when asked can result in charges of disorderly conduct and potential fines and/or jail time if convicted.

Potential Legal Defenses for Disorderly Conduct Charges

If you are facing disorderly conduct or public intoxication charges, know that there are potential legal defenses that can be used to fight against them. These may include:

► Lack of intent: Remember, disorderly conduct charges require intentional behavior. If you did not intend to cause a disturbance or were unaware of your actions due to intoxication, this could be an effective defense.

► False accusations: In some cases, individuals may be wrongfully accused of disorderly conduct or public intoxication. Your attorney can help investigate and gather evidence to prove your innocence.

► Unreasonable noise: If the “noise” in question was not unreasonable, you may have a valid defense. For example, if you were singing along to music at a reasonable volume, this would not constitute disorderly conduct.

The Importance of Legal Representation

When facing criminal charges, it is crucial to seek the help of an experienced criminal defense attorney in Indianapolis. They will have a thorough understanding of Indiana’s disorderly conduct and public intoxication laws and can use their knowledge and skills to build a strong defense on your behalf. Additionally, having legal representation can significantly improve your chances of achieving a favorable outcome, such as reduced charges or dismissal.

Final Thoughts

Being charged with disorderly conduct or public intoxication in Indiana can have severe consequences, including fines and even potential jail time. However, understanding the law and having a skilled defense attorney on your side can help you navigate the legal process and potentially achieve a positive outcome. We hope this roadmap has provided useful information for Indiana residents facing these charges and emphasized the importance of seeking legal representation.

If you or your loved one has been charged with this crime or any other, get in touch with us immediately. 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!

From Arrest to Acquittal: How to Make the Most of Your Relationship with a Criminal Defense Lawyer

Posted on November 9, 2023 by admin

Navigating the complex and often intimidating world of criminal charges can feel like a daunting endeavor. Yet, the journey from arrest to acquittal doesn’t have to be a lonely one. A skilled criminal defense lawyer can be your guiding light, illuminating the murky waters of the legal system and helping you make informed decisions along the way.

This blog post will not only demystify the role of a criminal defense attorney but also provide you with actionable insights on how to foster a productive relationship with your legal counsel, thereby enhancing your chances of a successful criminal appeal. So, whether you’re currently facing criminal charges or simply wish to be informed, read on to empower yourself with crucial knowledge.

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What a Criminal Defense Lawyer Does

A criminal defense lawyer is a legal professional who specializes in providing legal representation to individuals charged with criminal offenses. Their primary role is to protect the rights of their clients and ensure they receive a fair trial. This includes investigating the case, gathering evidence, questioning witnesses, and presenting arguments in court on behalf of their clients. Depending on the jurisdiction, a criminal defense attorney may also negotiate plea deals, file appeals, and handle post-conviction matters.

How Can a Criminal Defense Attorney Help You?

The benefits of working with a criminal defense lawyer cannot be overstated. They have the experience, knowledge, and resources to build a strong defense strategy tailored to your unique case. Furthermore, they can help you understand the intricate legal terminology and procedures involved in your case, prepare you for court appearances, and provide emotional support during this stressful time. Additionally, a criminal defense lawyer can also advocate on your behalf to potentially reduce or dismiss charges, negotiate favorable plea bargains or secure an acquittal.

Building a Strong Relationship with Your Criminal Defense Lawyer

As mentioned earlier, building a strong relationship with your criminal defense lawyer is crucial to the success of your case. Here are a few tips to help you make the most of your partnership:

Be honest and open: It’s imperative to be completely transparent with your attorney and provide all relevant information, even if it may not seem significant. This will help them build a solid defense strategy.

Communicate effectively: Make sure you establish the preferred mode of communication with your lawyer, whether it’s phone calls, emails, or in-person meetings. This will ensure efficient and timely communication throughout your case.

Be respectful and professional: Your criminal defense attorney is a trained professional who is there to help you. Treat them with respect and maintain a professional demeanor at all times.

Trust their expertise: Your lawyer has the experience and knowledge to guide you through your case. Trust their judgment and advice, and work together as a team towards your common goal of acquittal.

The Importance of Preparation in Criminal Appeals

If you have been convicted of a crime, you still have options. A criminal appeal is a legal process that allows an individual to challenge their conviction based on legal errors or new evidence. However, it’s crucial to note that the window of opportunity for filing an appeal is limited, making preparation essential. Your criminal attorney can help you review your case and determine if there are grounds for an appeal. They can also handle all the necessary paperwork and present a compelling argument in court.

In Summary

The journey from arrest to acquittal can be arduous, but with the right criminal defense lawyer by your side, it becomes a lot more manageable. By fostering a strong relationship and trusting their expertise, you can increase your chances of achieving a favorable outcome in your case. Remember to be open and honest, communicate effectively, and trust the preparation process when considering a criminal appeal. Your freedom is at stake, so don’t hesitate to seek the help of a skilled criminal defense lawyer.

If you or a loved one is facing criminal charges, reach out to a reputable criminal lawyer and start building your defense strategy today. Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

What to Do If You’re Arrested for Drug Possession in Indiana

Posted on November 6, 2023 by admin

Being arrested for drug possession can be a frightening and disorienting experience, particularly in Indiana where drug laws are notably stringent. This blog post aims to provide you with crucial information and actionable advice to navigate this challenging situation. It is crucial to remember that every decision you make from the moment of your arrest can profoundly impact the outcome of your case.

Understanding your rights, the legal process, and the importance of securing a seasoned criminal defense lawyer will serve as your guiding compass. Read on to equip yourself with knowledge that can make a significant difference in your future.

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Your Rights as an Arrested Individual

As a citizen of the United States, you have certain constitutional rights that protect you during an arrest. These include the right to remain silent and your right to an attorney. It is essential to exercise these rights immediately after your arrest and not answer any questions or make statements until you have spoken with a lawyer. Anything you say can be used against you, so it is best to remain silent until you have legal representation.

How to Behave While Under Arrest

It is crucial to remain calm and cooperative during an arrest. Any resistance or hostility towards law enforcement can escalate the situation and potentially result in additional charges. You have the right to ask why you are being arrested, but it is important to refrain from arguing or attempting to flee. Additionally, do not consent to any searches without a warrant or probable cause as this can also lead to further legal complications.

Understanding Indiana’s Drug Possession Laws

Indiana has strict laws regarding drug possession. Depending on the type and quantity of drugs involved, drug possession can result in severe penalties, including imprisonment and fines. The state categorizes controlled substances into five schedules based on their potential for abuse and medical value. Schedule I drugs, such as heroin and LSD, carry the most severe penalties, while Schedule V substances have less strict sentencing. It is essential to consult with a criminal defense lawyer who is well-versed in Indiana’s drug laws to understand the potential consequences you may face.

What to Do If You’re Arrested

The first thing you should do if you’re arrested for drug possession is to remain calm and cooperate with law enforcement. It may be a stressful and overwhelming situation, but it is crucial to remember not to resist arrest or become combative with the authorities. Once you are in police custody, exercise your right to remain silent and do not answer any questions without legal representation.

The Importance of Hiring a Criminal Defense Lawyer

One of the most critical steps you can take after being arrested for drug possession in Indiana is to hire a criminal defense lawyer. A skilled and experienced criminal defense attorney will be able to review your case, build a solid defense strategy, and fight for the best possible outcome on your behalf. They will also ensure that your constitutional rights are protected throughout the legal process. It is not advisable to face drug possession charges alone, as the consequences can be severe without proper legal representation.

Final Thoughts

Being arrested for drug possession in Indiana is a serious matter that requires careful navigation. Knowing your rights, understanding state laws, and seeking the assistance of a criminal defense lawyer are crucial steps you must take to protect yourself and your future. Remember always to remain calm, exercise your right to remain silent, and seek legal representation as soon as possible. With the right knowledge and actions, you can overcome this challenging situation and move forward with your life. So, if find yourself in such a predicament, do not hesitate to reach out for help – it may make all the difference.

If you are facing criminal charges for drugs, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned drug defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Stealing in Indiana: A Deep Dive into the Legal Consequences

Posted on October 25, 2023 by admin

Welcome to our deep dive into the legal consequences of stealing in Indiana. In this blog post, we aim to shed light on the laws surrounding theft, shoplifting, Grand theft auto, and other related offenses in the Hoosier State. Understanding these laws is crucial, as they act as a deterrent and help maintain law and order within society.

This post is meant to be informative and help educate readers on the potential repercussions of such actions. However, it is important to note that this should not be used as legal advice, but rather as a resource to increase awareness about the seriousness of stealing and its consequences in Indiana. Stay tuned as we delve into the nuances of Indiana’s theft laws.

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Definition of Stealing in Indiana

Before we dive into the legal consequences, it is essential to define what constitutes stealing in Indiana. According to Indiana Code 35-43-4-2, a person steals when they knowingly or intentionally exert unauthorized control over another’s property with the intent to deprive the other person of use or benefit thereof. This definition covers a wide range of actions, from petit and grand theft to shoplifting, embezzlement, robbery, burglary, and fraud. Therefore, it is crucial to understand the different forms of stealing and how they are punished under Indiana law.

Types of Stealing

As mentioned earlier, there are various types of stealing that are recognized under Indiana law. Let’s take a closer look at some of the most common ones:

Petit and Grand Theft

Theft is defined as taking someone else’s property without their consent and with the intention of permanently depriving them of it. This includes stealing belongings from a person, vehicle, or building. It can also involve fraudulent activities such as credit card fraud or identity theft. Car theft and Grand theft auto are also common types of theft crimes in the U.S. In all cases, theft is considered a misdemeanor (petit) or felony (grand) offense in Indiana depending on the type of stolen property and overall value. Both crimes can result in fines, imprisonment, or both, depending on the value of the stolen property.

Shoplifting

Shoplifting falls under the category of theft and is defined as intentionally taking merchandise from a store without paying for it. This can include hiding items in clothing or bags, switching price tags, or altering receipts. Shoplifting is taken seriously in Indiana, with penalties ranging from fines to jail time, depending on the value of the stolen goods. Additionally, many stores have protocols in place to prevent and catch shoplifters, making it even riskier to engage in this activity.

Car Theft

Whether one is charged with car theft or grand theft auto hinges primarily on the intentions of the person taking the vehicle. Car theft, often classified under “conversion”, involves taking someone else’s car without their permission but with the intent of returning it, such as someone borrowing a friend’s car without asking. On the other hand, grand theft auto is a more serious offense. It involves not only the unauthorized taking of a vehicle but also the intention to permanently deprive the owner of it. This could be through selling the car or stripping it for parts. Understanding these differences is critical, as it directly impacts the legal consequences that may follow.

Legal Consequences

Now that we have a better understanding of the different forms of stealing, let’s take a look at the potential legal consequences in Indiana. As mentioned before, theft is considered a felony offense and can result in imprisonment for up to two years and fines up to $10,000. The severity of the punishment depends on the value of the stolen property or services. For example, if the stolen property is worth less than $750, it is considered a Class A misdemeanor punishable by up to one year in jail and fines up to $5,000. On the other hand, if the value is over $100,000, it is considered a Level 2 felony with penalties of up to 30 years in prison and fines up to $10,000. Additionally, if a person has prior theft convictions on their record, they may face enhanced penalties for subsequent offenses.

Conclusion

In conclusion, stealing is a serious offense in Indiana and can result in significant legal consequences. It is important to understand the different types of stealing and their corresponding punishments to make informed decisions and avoid breaking the law. We hope this deep dive into the legal consequences of stealing in Indiana has been informative and helps spread awareness about the seriousness of this crime. Remember, it is always best to respect others’ property and avoid engaging in any form of theft or fraud.

Are you or your minor child facing criminal charges for theft or shoplifting in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak to a seasoned Indianapolis theft lawyer you can trust. Our law firm will get you the best possible outcome to your criminal case!

Employee Background Checks: Top Myths Debunked

Posted on October 20, 2023 by admin

In the realm of hiring and recruitment, employee background checks have become a standard procedure for many companies. These checks are done to ensure that potential employees have no red flags in their past that could negatively impact their performance or the company’s reputation. However, there are plenty of misconceptions and myths surrounding these background checks that often lead to confusion and misinformation.

In this blog post, we will debunk some of the top myths about employee background checks and shed some light on the truth behind them.

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Top Myths About Employee Background Scans

Myth 1: Background Checks are Only Used for High-Level Positions

One of the most common misconceptions about employee background checks is that they are only required for senior or executive positions. This could not be further from the truth. In reality, background checks should be conducted for every candidate, regardless of the role they are applying for. After all, a company’s success depends on the collective efforts and actions of all employees, not just those in top positions. Additionally, conducting background checks for every candidate ensures fairness and consistency in the hiring process.

Myth 2: Background Checks Only Look at Criminal Records

While checking criminal records is an essential part of employee background checks, it is not the only aspect that is evaluated. Background checks also involve verifying employment history, education credentials, and professional licenses. These checks help to confirm the accuracy of the information provided by the candidate on their resume and in job interviews. They also provide insight into a candidate’s work ethic and qualifications for the position.

Myth 3: A Criminal Record Automatically Disqualifies a Candidate

Another prevalent myth is that having a criminal record automatically disqualifies a candidate from being hired. While certain criminal convictions may make a candidate ineligible for specific positions, most companies do not have an absolute ban on hiring individuals with criminal records. Each case is evaluated individually, taking into consideration the nature and severity of the offense, how long ago it occurred, and its relevance to the job. Giving individuals with criminal records a fair chance at employment can also be beneficial for society, reducing recidivism and promoting rehabilitation.

Myth 4: Job Interviews are Enough to Assess a Candidate’s Background

Some companies believe that conducting thorough job interviews is sufficient to evaluate a candidate’s background. However, this is not always the case. Interviews rely heavily on a candidate’s self-reporting, which may not always be accurate. Conducting background checks provides an objective and more comprehensive evaluation of a candidate’s background and can uncover any red flags that may have been missed in the interview process.

Myth 5: Background Checks are Expensive and Time-Consuming

It is true that conducting employee background checks does require some investment of both time and resources. However, with advancements in technology and online databases, background checks have become more accessible and affordable than ever before. Also, the cost of hiring an employee with a troubled past can be much higher in terms of potential legal fees, damage to company reputation, and loss of productivity compared to the relatively small expense of conducting a background check.

BONUS- MYTH #6: You are Stuck With a Damaging Criminal Record for Life

You do not have to be stuck with a poor criminal record forever. Here in Indiana, many past offenders qualify for criminal record expungement and record sealing. Also known as Indiana’s Second Chance Law, this law makes it possible to conceal past criminal records from the public and most employers. If you qualify for expungement or sealing, your employer will not have access to your criminal record during background checks, unless they request the information directly from a courthouse in which the case was heard.

Conclusion

Employee background checks are an essential part of the hiring process and can help companies make informed decisions about their potential employees. However, it is crucial to separate myths from facts when it comes to these checks. Conducting fair and thorough background checks not only ensures a safe and productive working environment but also allows individuals with troubled pasts a chance at redemption. So, the next time you hear one of these myths, remember the truth and make informed decisions when it comes to employee background checks.

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.

Demystifying DUI Defense Strategies in Indiana

Posted on October 17, 2023 by admin

When faced with DUI charges in Indiana, it’s essential to understand your rights and the defense strategies at your disposal. The complexities of drunk driving charges necessitate the guidance of a skilled DUI defense lawyer to navigate the intricacies of the legal system.

This blog post aims to shed light on the immediate steps to take following a personal injury occurrence in Indiana, focusing particularly on instances involving impaired driving. We delve into the key legal procedures, potential defenses, and the importance of securing proficient legal representation. Remember, knowledge is power when combating DUI charges.

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Immediate Steps to Take After Getting Arrested for a DUI

As with any personal injury occurrence, safety should be the top priority. If you or anyone involved in the incident requires medical attention, seek it immediately. Once everyone’s well-being is ensured, document everything about the accident scene by taking notes and pictures. Gather contact information from any witnesses present and exchange insurance details with other parties involved. Finally, report the accident to the police if they haven’t already been notified.

Understanding DUI Charges in Indiana

In Indiana, it’s illegal to operate a vehicle while under the influence of alcohol and/or drugs, as stipulated by the state’s impaired driving laws. Police officers can arrest you for DUI if they have probable cause that your judgment and ability to safely operate a vehicle are impaired. If you’re found to have a blood alcohol concentration (BAC) of 0.08% or higher, you’ll be charged with OWI (Operating While Intoxicated). It’s crucial to note that Indiana has a zero-tolerance policy for underage drinking and driving, which means any driver under 21 years old can be arrested for DUI if they have any trace of alcohol in their system.

Drunk Driving Defense Strategies

If you’re charged with DUI, you’ll need an experienced DUI defense lawyer to help build a strong defense on your behalf. They can challenge the legality of the traffic stop, question the accuracy of field sobriety and breathalyzer tests, and dispute any other evidence against you. Additionally, they may explore alternative options, such as plea bargaining and diversion programs, to potentially reduce or dismiss your charges.

First Time DUI Penalties

If you’re a first-time offender, the penalties for DUI in Indiana can include fines of up to $5,000 and up to 1 year in jail. Your license may also be suspended for up to 2 years. The severity of your charges will depend on various factors such as BAC level, any prior criminal record, and whether anyone was injured or killed in the incident. It’s important to note that even if you’re not convicted, your license can still be suspended for up to 180 days for refusing a breathalyzer test or failing it with a BAC above 0.08%.

Importance of Legal Representation

The consequences of DUI charges in Indiana can be severe, including fines, license suspension/revocation, and even jail time for repeat offenders. With so much at stake, it’s crucial to secure proficient legal representation immediately after a personal injury occurrence involving impaired driving. An experienced DUI defense lawyer can guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.

Conclusion

In summary, if you’re involved in a personal injury occurrence involving impaired driving in Indiana, it’s essential to prioritize safety and document everything at the scene. Understand the state’s DUI laws and seek professional legal guidance to build a strong defense. With the right strategies and legal representation, you can effectively fight DUI charges and protect your rights.

Remember, it’s never too early to start building your defense with the help of an experienced DUI defense lawyer. Contact Attorney David E. Lewis at 317-636-7514 to speak with an experienced and good-standing criminal defense DUI lawyer in Indianapolis, Indiana. We can help you get the best possible outcome in court for your misdemeanor or felony drunk driving charges. But you only have 10 days to save your drivers’ li c ense from suspension – so call NOW!

Important Legal Terms for First-Time Criminal Offenders

Posted on October 11, 2023 by admin

Navigating the complex world of criminal law can be a daunting task for first-time offenders. Understanding the legal jargon, intricacies of criminal charges, and the profound implications they carry is crucial for anyone finding themselves on the wrong side of the law.

This blog post aims to demystify some important legal terms, offering a lifeline to those grappling with the unfamiliar terrain of criminal law. Our goal is to empower you with knowledge, thus helping you to understand the process you’re facing, and potentially assist you in making informed decisions about your legal situation.

Call 317-636-7514 to Speak With an Indianapolis Criminal Defense Attorney

Criminal Law: A Brief Overview

Criminal law is a branch of the legal system that deals with offenses against society, involving acts that are deemed harmful or dangerous to others. This can range from minor infractions such as traffic violations to more severe crimes like murder and fraud. The purpose of criminal law is to maintain social order, protect individuals and property, and punish wrongdoers.

Criminal Charges: What You Need to Know

When someone is accused of committing a crime, they are considered to be facing criminal charges. These charges can take various forms, including misdemeanors and felonies. Misdemeanors are lesser offenses that carry a maximum punishment of up to one year in jail, while felonies are more severe crimes with potential sentences of more than one year in prison. In some cases, individuals may face multiple charges for a single incident, and each charge can carry its own set of penalties if convicted. It is important to hire a seasoned Indianapolis criminal defense lawyer to represent you in your case. With a retained attorney, you have the best chance of reducing or dismissing your criminal charges, thus avoiding the maximum penalties.

Important Legal Terms

Now that we have a basic understanding of criminal law and charges let’s delve into some essential legal terms you’ll encounter during your legal proceedings:

Arraignment: This is the initial court appearance where the defendant (the person accused of a crime) is formally charged and enters a plea.

Bail: A sum of money that can be paid to secure the release of an arrested individual before their trial. The amount of bail may vary depending on the severity of the charges and flight risk of the defendant.

Probation: A form of supervision where an individual is allowed to remain in the community under specific conditions instead of serving time in jail.

Plea Bargain: An agreement between the prosecution and defense where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for giving up their right to a trial.

Statute of Limitations: The time frame in which criminal charges can be brought against an individual for a particular offense. Once the statute of limitations has passed, the defendant cannot be prosecuted.

Indictment: A formal accusation of a crime issued by a grand jury after reviewing evidence presented by the prosecution.

Conclusion

Being charged with a crime can be overwhelming and confusing, especially if it’s your first time facing the legal system. Understanding the basics of criminal law, charges, and important legal terms can help ease some of the stress and uncertainty you may be feeling. However, it’s crucial to seek professional legal advice from an experienced attorney to guide you through your specific case. Remember, knowledge is power, and being informed about your rights and options can make a significant difference in the outcome of your case. So, stay informed, stay safe!

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. 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!