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.

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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!

Facing Probation Violation in Indianapolis: The Essential Steps

Posted on October 6, 2023 by admin

If you find yourself accused of a probation violation in Indianapolis, it’s crucial to understand the gravity of the situation. Probation violation is a serious offense, and if you have indeed violated probation, your journey could become increasingly complex. Striking the right balance between your obligations to the probation officer and maintaining your freedom can be daunting. This blog post aims to guide you through the essential steps you’ll need to take when facing an alleged probation violation. Understanding these steps can make a significant difference in achieving a favorable outcome.

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What is Probation Violation?

Probation violation occurs when an individual fails to comply with the terms and conditions of their probation, as set by the court or probation officer. These terms typically include reporting to your probation officer regularly, attending mandated counseling or treatment programs, maintaining a job, staying away from certain people or places, and refraining from criminal activity. If you fail to meet any of these conditions, your probation officer can initiate a violation proceeding against you.

Essential Steps to Take When Facing Probation Violation

1. Understand the Alleged Violation

The first step in dealing with a potential probation violation is understanding what you are being accused of. Your probation officer will provide you with a written notice outlining the alleged violation and the evidence against you. It’s essential to carefully review this notice and gather any evidence that can help disprove the violation.

2. Contact an Experienced Attorney

Dealing with a probation violation on your own can be overwhelming, and having an experienced criminal defense attorney by your side can make a significant difference in the outcome of your case. An attorney will provide you with legal guidance, help gather evidence to support your case, and represent you in court if necessary.

3. Attend Your Probation Violation Hearing

Once a violation has been alleged against you, a hearing will be scheduled to determine whether the violation is valid. It’s crucial to attend this hearing, as failing to appear can result in additional charges and potentially a warrant for your arrest.

4. Prepare for Your Hearing

Before your hearing, you and your attorney should gather any evidence that supports your case and be prepared to present it in court. You may also want to arrange for character witnesses or provide proof of community service or other positive actions you have taken while on probation.

5. Be Honest with Your Probation Officer

If you have indeed violated probation, it’s essential to be honest with your probation officer. Admitting to the violation and taking responsibility can show the court that you are willing to make amends and comply with the terms of your probation going forward.

6. Comply with Court Orders

If a violation has been found, the court may impose additional conditions or modify your probation terms. It’s crucial to comply with these orders and demonstrate a genuine effort to comply with the court’s decision. Failure to do so can result in further penalties, including jail time.

Conclusion

Facing a probation violation in Indianapolis can be challenging, but it’s essential to understand and follow these steps to increase your chances of a favorable outcome. Remember to stay in communication with your probation officer and attorney, gather evidence to support your case, and comply with court orders. By taking these essential steps, you can navigate through the process successfully and hopefully avoid further consequences. So if you ever find yourself facing a probation violation, remember to stay calm, seek legal guidance, and take proactive measures to defend yourself.

With the right approach, you can overcome this challenging situation and get back on track to fulfilling your probation obligations. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

Breaking Down the Expense: The Cost of Hiring a Criminal Defense

Posted on October 2, 2023 by admin

When facing criminal charges, the decision to hire a criminal defense attorney can be a daunting one, not least because of the potential financial implications. Understanding how lawyer fees and retainers function is a crucial aspect of this decision-making process.

This blog post aims to demystify the costs associated with hiring a criminal defense attorney, breaking down the different components of their fees and how they may vary. By providing clarity on this complex issue, we hope to help you make more informed decisions during challenging times.

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What are the Criminal Defense Lawyer Fees?

Before we dive into the specifics of criminal defense fees, it is essential to first understand what constitutes “lawyer fees.” These are the costs associated with the legal services provided by a lawyer. The exact nature and amount of these fees may differ depending on your case’s complexity, location, and other factors.

Generally, there are three types of lawyer fees:

Consultation Fees: These are the charges for the initial meeting with your criminal defense attorney, where they will assess your case’s details and provide guidance on next steps.

Hourly Rates: Most attorneys charge an hourly fee for their services, which means you will pay for each hour they spend working on your case. This rate can vary significantly depending on the attorney’s experience, reputation, and location.

Flat Fees: In some cases, a criminal defense attorney may provide their services for a flat fee. This means you will pay a fixed amount for the entire case, regardless of the number of hours they work on it.

It is crucial to discuss and agree upon lawyer fees before signing any contracts or agreements with your criminal defense attorney. This transparency is necessary to avoid any unexpected costs down the line and ensure that you are comfortable with the financial aspect of their services.

What is a Retainer?

In addition to lawyer fees, you may also encounter the term “retainer” when discussing hiring a criminal defense attorney. A retainer is an amount of money paid upfront to secure the lawyer’s services and cover any initial costs associated with your case. This amount can range from a few thousand dollars to tens of thousands, depending on your case’s complexity and the attorney’s rates.

A retainer is not a fee but rather a deposit against which the attorney will bill their hourly fees or flat rate as they work on your case. Any unused portion of the retainer will be returned to you, and you may be required to replenish it if your case requires more work than initially anticipated.

Understanding the Cost Breakdown

When discussing fees and retainers with a criminal defense lawyer, it is essential to understand that there are various expenses involved in handling your case. These can include:

Legal research: Attorneys must conduct thorough research to build a strong defense strategy for your case.

Document preparation: Your lawyer will need to prepare documents, such as motions and briefs, to present in court.

Court appearances: Depending on the nature of your case, your attorney may need to make multiple court appearances, which can incur additional costs.

Expert witness fees: In some cases, attorneys may need to hire expert witnesses to testify on your behalf, which can also add to the overall cost.

Administrative expenses: Lawyers may include administrative expenses such as photocopying and postage in their fees.

Conclusion

In conclusion, hiring a criminal defense attorney involves navigating various fees and retainers. By understanding the breakdown of these costs, you can better prepare for the financial implications of your case and avoid any unexpected expenses. Remember to always discuss and agree upon fees with your attorney before moving forward, and don’t be afraid to ask for clarification or negotiate if needed.

With a clear understanding of the financial aspect, you can focus on finding the right lawyer to defend you and your rights. So, always choose carefully and ensure that you have open communication with your attorney throughout the course of your case. This will not only help you make informed decisions but also build a strong working relationship with your legal representative.

Looking for criminal defense you can actually afford and be happy with? You found him. 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 probation violation!

Facing Grand Theft Auto Charges in Indiana: What You Need to Know

Posted on September 27, 2023 by admin

In Indiana, facing charges for grand theft auto can be an incredibly daunting experience. This serious crime, classified as felony theft, carries with it severe repercussions that can impact your life significantly. Understanding the nature of these charges, the potential legal outcomes, and your rights under the law can be the first steps in navigating this complex situation.

This blog post intends to shed light on the essential aspects of grand theft auto charges in Indiana, providing you with valuable information and guidance during this challenging time.

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Grand Theft Auto Definition

Grand theft auto, also known as GTA, is the act of stealing a motor vehicle belonging to another person. This can include cars, trucks, motorcycles, and any other type of motorized transportation. It is considered a serious crime as it not only involves theft but also the use or possession of a stolen vehicle. In Indiana, grand theft auto is categorized as felony theft, which carries harsher penalties and consequences compared to misdemeanor charges.

Penalties for Grand Theft Auto in Indiana

The penalties for grand theft auto charges in Indiana depend on the value of the stolen vehicle or property. If the value of the vehicle is less than $750, it is considered a Class A misdemeanor, punishable by up to one year in jail and fines of up to $5,000. However, if the value of the stolen vehicle exceeds $750, it is classified as a Level 6 felony, resulting in a minimum of six months and up to two and a half years in prison, along with fines of up to $10,000. Additionally, the person charged may also have their driver’s license suspended.

Defenses for Grand Theft Auto Charges

If you are facing grand theft auto charges in Indiana, it is essential to understand that there may be defenses available to you. For example, if the vehicle was taken with the owner’s consent or was repossessed due to a missed payment, this can be used as a defense against the charges. Additionally, if you did not intend to permanently deprive the owner of their vehicle or had no knowledge that the vehicle was stolen, these can also be viable defenses in court. It is crucial to discuss your specific case with a qualified attorney to determine the best defense strategy for your situation.

Your Rights When Facing Grand Theft Auto Charges

As with any criminal case, individuals facing grand theft auto charges in Indiana have rights that must be respected throughout the legal process. These include the right to remain silent, the right to an attorney, and the presumption of innocence until proven guilty. It is crucial to exercise these rights and not make any statements or confessions without first consulting with a licensed criminal defense lawyer. A qualified attorney can help protect your rights and build a strong defense on your behalf.

Conclusion

Being charged with grand theft auto in Indiana is a serious matter that requires prompt and knowledgeable action. Understanding the nature of these charges, potential penalties, and available defenses can help you navigate this challenging situation. If you are facing grand theft auto charges, it is crucial to seek legal representation from an experienced criminal defense attorney who can help protect your rights and fight for a favorable outcome in your case. Remember, facing charges does not mean you are automatically guilty, and with the right help, you can defend yourself against these accusations and move forward with your life.

While facing grand theft auto charges in Indiana may be overwhelming, knowing your rights and seeking legal assistance can make all the difference in the outcome of your case. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced and aggressive grand theft auto lawyer in Indianapolis. We have decades of experience representing misdemeanor and felony theft cases in Indiana.

The Sobering Truth: A Deep Dive into Drunk Driving in Indiana

Posted on September 21, 2023 by admin

Drunk driving is a critical issue that plagues societies across the globe, and sadly, Indiana is no exception. A crime that is preventable, it poses grave dangers not only to those behind the wheel but to innocent bystanders and other road users as well.

This blog sheds light on the sobering and stark reality of Driving Under the Influence (DUI) in Indiana, unearthing the unnerving statistics and the comprehensive efforts being made to combat this life-threatening issue. Join us as we embark on this enlightening journey, understanding the intricate complexities and profound implications of drunk driving in our local communities.

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Drunk Driving in Indiana: A Troubling Reality

According to the CDC, alcohol-impaired driving accounted for 29% of all motor vehicle traffic fatalities in the United States in 2018 alone. That is a staggering 10,511 deaths nationwide due to drunk driving in one year. The numbers are even more concerning when we look at Indiana’s statistics specifically. In 2019, the Indiana Criminal Justice Institute (ICJI) reported that Indiana had 545 DUI arrests, 519 DUI crashes, and 64 DUI fatalities.

These figures have been growing steadily over the past few years; in 2018 there were 496 DUI arrests and 497 DUI crashes statewide. In addition to this, the Indiana Criminal Justice Institute also revealed that alcohol was involved in 64.5% of all fatal crashes in Indiana for 2019, which is an alarming statistic indeed.

The repercussions of drunk driving are far-reaching; beyond the tragedy befallen on innocent victims and their families, DUI convictions also have serious legal and financial consequences. Depending on the specifics of the case, a DUI can result in suspension or revocation of a driver’s license or CDL.

Understanding Indiana’s Drunk Driving Laws

In order to understand the gravity of a drunk driving conviction in Indiana, it is essential to know the relevant DUI laws. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%, and the limit for those operating commercial vehicles is 0.04%. If an individual’s BAC exceeds either of these limits, they can be arrested and charged with drunk driving.

In addition to this, Indiana also has an ‘implied consent’ law which states that any individual operating a vehicle within the state is required to provide a chemical test sample if asked by a law enforcement officer. This could include a breathalyzer test or blood sample, which is performed at a local clinic.

Battling the Issue: What is Being Done?

Indiana does not take the issue of drunk driving lightly and has taken steps to ensure that those who do drive under the influence are punished accordingly. The penalties for violating Indiana’s DUI laws depend on the number of infractions as well as BAC level but can be severe. For example, a first-time offense can result in fines up to $500, 1-year license suspension, and even imprisonment.

In order to combat the issue of drunk driving, Indiana has also implemented several public awareness campaigns such as ‘Drive Sober or Get Pulled Over’ and ‘Arrive Alive’ which aim to educate people about the dangers of impaired driving. The state has also implemented several other initiatives such as ignition interlock devices (IIDs), which require drivers to provide a breath sample before the car can start, and zero-tolerance laws for those under 21 years of age. All of these efforts are aimed at reducing the number of drunk driving incidents in Indiana and ensuring that our roads remain safe for everyone.

What to Do if You Get a DUI

If you are facing a DUI charge in Indiana, the best thing to do is to contact an experienced and qualified attorney. The consequences of a drunk driving conviction can be severe and require complex legal assistance. An experienced DUI lawyer in Indianapolis can help you navigate the process and provide effective representation throughout the case.

It is also important to take steps to reduce the likelihood of getting a DUI in the first place. These include not drinking and driving, having a designated driver if attending an event where alcohol is present, knowing your BAC limit, and understanding Indiana’s drunk driving laws. Taking these steps can help you stay safe and avoid the potential consequences of a DUI conviction.

The Takeaway

Drunk driving is a serious issue in Indiana, and it’s essential that everyone understand the consequences of their actions before getting behind the wheel after consuming alcohol. With comprehensive laws and stringent enforcement, Indiana is making strides to reduce DUI incidents across the state, but we all must do our part to ensure that these efforts are successful. It is our duty as responsible citizens to be aware of the risks of driving under the influence and make smart, informed decisions in order to promote safe roads and save lives. If you are arrested for a DUI, then hire a lawyer pronto.

You only have 10 days from the time of DUI arrest to save your driving privileges. Besides that, you need a strong defense to get you the best possible outcome in court. Contact the Law Office of David E. Lewis today at 317-636-7514 to meet with an experienced DUI 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.

Decoding the Process: An Inside Look at Jury Selection in Criminal Cases

Posted on September 18, 2023 by admin

Welcome to an inside view of a deeply ingrained tradition in our justice system – the jury selection in criminal cases. Commonly known as “voir dire,” this process is shrouded in a veil of intricate legal norms and principles that can often seem bewildering to the uninitiated. In a trial by jury, ordinary individuals bear the extraordinary responsibility of determining the fate of their peers. But how are these individuals selected? And what goes into ensuring they can dispense justice impartially?

This blog post is here to illuminate the path tread by legal practitioners in this critical phase of a criminal case. So, fasten your seat belt and get ready for an enlightening journey into the world of jury selection!

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Your Right to a Jury Trial

The right to a fair trial by jury is a fundamental aspect of the criminal justice system in the United States. This right is guaranteed by the Sixth Amendment of the Constitution and is applicable to all criminal prosecutions. This means that individuals accused of crimes have the right to have their case heard by a jury of their peers, rather than being subject to the decision of a single judge.

Trial by jury provides a level of transparency and fairness in criminal law proceedings that may not be possible with other methods. It creates a system of checks and balances and ensures that the burden of proof rests on the prosecution to prove beyond a reasonable doubt that the defendant is guilty of the crime. Ultimately, the right to a trial by jury serves as a cornerstone of our justice system as it safeguards individual rights and promotes accountability.

The Basics of Jury Selection:

Process of Selecting Jurors

To begin with, it’s important to understand that the selection of jury members is not arbitrary. The courts take several measures to guard against any bias or prejudice influencing the verdict. The process starts when a list of prospective jurors is drawn up from various sources such as voter registration lists, driver’s license records, and so on. Next, an interrogation of sorts is conducted to ensure that all potential jurors comply with set eligibility criteria. This involves queries regarding the ability of the prospective juror to serve on a jury and their knowledge of the case and its parties involved, if any.

Cross-Examination of Jury

Once this phase is completed, both sides in a criminal trial – prosecution and defense – may exercise their right to challenge up to a certain number of eligible jurors. Such challenges require the juror’s disqualification on grounds of prejudice or bias. After this process, a jury is finally chosen and sworn in to carry out their duties at a trial, with twelve members for felony cases and six for misdemeanors.

Impartial Jury Assurance

But there’s more to it than just picking out random individuals. In order to ensure that the jury is impartial, even-handed, and unbiased towards any of the parties involved in a criminal case, lawyers use their experience to gauge the attitude of potential jury members. This involves looking for people who express no opinion on the subject matter in question or have not been exposed to media coverage regarding it. Based on this assessment, lawyers then decide whether to accept or strike a prospective juror and ultimately decide on the composition of the jury.

Pros and Cons of Trial By Jury

While there are numerous advantages to a trial by jury, it can also be the source of certain drawbacks. The primary advantage is that jurors often bring personal experiences and values into the court proceedings which can allow for a more thoughtful decision process than if left solely to one judge or magistrate. Additionally, depending on the case, jury members can act as impartial arbiters against any bias.

On the other hand, there is also a downside to trial by jury. This system can be very time consuming and costly due to the nature of involving twelve people in a lengthy deliberation process. Furthermore, this method leaves room for human error or misjudgment and may lead to verdicts that are not fully informed or properly reasoned out.

Final Thoughts

The selection process can be quite time consuming, but it’s a necessary step to ensure that justice is served impartially. We hope this blog has shed light on one of the most fascinating aspects of criminal law – jury selection. Now that you have an idea of what goes into choosing jurors for criminal cases, go ahead and explore it further! Who knows, you might end up being a juror yourself one day – what an amazing experience that would be!

Are you looking for qualified legal representation to fight your Indiana criminal charges? 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.

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!

Understanding Criminal Law in Indiana: A Beginner’s Guide

Posted on September 5, 2023 by admin

Criminal law is a complex and ever-evolving field that requires a deep understanding to navigate effectively. Particularly in the state of Indiana, where the laws and regulations can differ from those of other states, one needs to familiarize themselves thoroughly before dealing with any criminal charges.

This guide serves as an initial steppingstone for those seeking to understand the basics of criminal law in Indiana. Whether you’re a law student, someone facing criminal charges, or just a curious citizen, this blog will shed light on the fundamental aspects of criminal defense in the Hoosier state. Get ready for a journey into the intricacies of Indiana’s criminal justice system. Buckle up and read on!

Call 317-636-7514 to Speak With a Skilled Criminal Lawyer in Indianapolis

What is Criminal Law?

Criminal law is a body of laws that defines certain behaviors as criminal offenses, and establishes punishments for those who break them. It serves to protect citizens from harm and promote public safety by deterring individuals from committing crimes and enforcing penalties on those who do. Depending on the severity of the crime committed, criminal offenses can range from misdemeanors to felonies.

It’s important to note that criminal law is distinct from civil law, which deals with disputes between individuals or organizations and seeks to provide a remedy in the form of compensation for damages caused by one party. Whereas civil law is focused on providing justice for victims, criminal law focuses on punishing offenders and protecting society as a whole from harm.

Criminal Charges in Indiana

In the state of Indiana, criminal offenses are typically divided into two categories: felonies and misdemeanors. Felony charges are generally more serious than misdemeanor charges and often involve imprisonment or significant fines, but the specifics can vary depending on the crime committed. Felonies are classified on a scale from Level 1 to Level 6, plus murder as its own category. Level 6 is the least serious felony.

Misdemeanor offenses are generally punishable by up to a year in jail, while felony offenses carry sentences of more than one year in prison. Generally speaking, felonies are classed into five categories: A-level (the most severe), B-level, C-level, D-level, and Level 6 (the least severe).

It’s important to remember that each crime carries its own unique set of penalties, so it’s important to understand the details of any criminal charge before deciding how to proceed.

Criminal Defense in Indiana

When facing criminal charges in Indiana, hiring a skilled attorney is the best way to ensure that your rights are protected and that you’re given the fairest possible outcome. An experienced criminal defense lawyer will be able to evaluate your case, explain your legal options, and provide knowledgeable guidance throughout the process.

In many cases, a good Indianapolis criminal defense attorney may be able to negotiate with prosecutors on your behalf in order to obtain a more favorable outcome. Even if you are found guilty of the crime, an experienced criminal lawyer can ensure that you’re facing the minimum possible penalties for your actions.

The Takeaway

Understanding criminal law and the accompanying legal processes can be a daunting task, especially in Indiana where the laws and regulations differ from other states. However, with this beginner’s guide, you should now have a better understanding of the fundamentals and how to defend yourself if you ever find yourself facing criminal charges in the Hoosier state.

Remember that when it comes to criminal defense, the most important thing you can do is to hire an experienced criminal law attorney who understands Indiana’s laws and can provide knowledgeable guidance throughout the process. With a good lawyer on your side, you’re sure to have the best possible outcome in any criminal case.

Would you like to build a strong case against your Indiana criminal charges? Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case!