What To Do When You Have Been Charged With a Crime

Posted on July 18, 2023 by admin

No one ever expects to be charged with a crime. When it happens, the gravity of the situation can feel overwhelming. You may not know what to do or who to turn to for help. But understanding your rights and options is key in any criminal defense case. In this blog post, we’ll discuss the steps you should take when charged with a crime, including finding an experienced criminal defense lawyer and understanding your rights. Continue reading to get started.

Call 317-636-7514 When You Need an Affordable Criminal Lawyer in Indianapolis Indiana

Why You Should Always Take a Criminal Charge Seriously

Receiving a criminal charge can be a scary and overwhelming experience, but it is important to take it seriously. A criminal charge can lead to serious consequences, including a criminal conviction and a criminal record, which can impact your life in numerous ways. It is essential to seek the help of a criminal defense attorney who can guide you through the legal process and help you achieve the best outcome for your case. A criminal conviction can affect employment opportunities, housing options, child custody arrangements, professional licensing, firearm privileges, and even relationships with friends and family. It’s crucial to take every criminal charge seriously and work with a legal professional to ensure the best possible outcome for your future.

How to Deal With a Criminal Charge the Right Way

1. Gather Information: The first step in defending yourself against criminal charges is to carefully review all of the information available to you. Ask questions about the charges being brought against you, as well as any evidence or witnesses that may be presented by the prosecution. Your attorney can help you understand what each charge means and how it could affect your case.

2. Understand Your Rights: As soon as you are charged with a crime, remember that you still have rights protected under the Constitution—including the right not to incriminate yourself and the right to remain silent until consulting with a criminal attorney of your choice. Do not talk to police officers or prosecutors about the case without an attorney present.

3. Find a Criminal Defense Lawyer: The importance of having a competent and experienced criminal defense lawyer cannot be overstated when you are charged with a crime. A skilled defense lawyer will be knowledgeable in criminal law, understand the court system and its procedures, review evidence on your behalf, negotiate plea bargains if necessary, and protect your legal rights throughout the entire process. You have the right to choose your own attorney or may request a public defender from the court based on financial need.

4. Prepare Your Case: Once you have chosen an experienced Indianapolis criminal defense lawyer, work together to prepare for every aspect of your case, including gathering evidence, reviewing paperwork, and interviewing witnesses. Additionally, be sure to explain your side of the story completely and accurately to your attorney so they can develop the strongest defense strategy possible.

Get Professional Criminal Defense ASAP

Facing criminal charges is a serious matter and should not be taken lightly. Taking the right steps when charged with a crime can help ensure that you have access to the best legal representation available. Understanding your rights and finding an experienced criminal defense lawyer are key in any criminal defense case, allowing you to make an informed decision about how to proceed with your case.

Being charged with a crime is a trying experience, but having the right legal professional in your corner will make the process easier on you. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will obtain the best possible outcome for your criminal case!

FAQS About Being a Witness in a Criminal Case

Posted on July 28, 2021 by admin

Criminal cases at any level are serious, as they can significantly alter the course of your life and negatively impact your pursuit of happiness. For this reason, it is important to be prepared for your criminal case by retaining a skilled defense lawyer, especially if you must testify or have witnesses at your trial. Even if you have been subpoenaed to testify in another person’s criminal case, it is wise to be prepared, as court hearings are very serious matters.

Whether testifying at another’s trial or your own, continue below to review some frequently asked questions about being a witness in a criminal case, and who to trust for aggressive criminal defense that can preserve your rights and freedoms.

Indianapolis Indiana Criminal Defense 317-636-7514

Frequently Asked Questions About Trial Testimonies

What To Do After Receiving a Subpoena

If you were subpoenaed to be a witness at another defendant’s criminal case, be sure to take it seriously by responding according to instructions and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge can be offended and provoked if you ignore one. As a result, the judge can take a personal interest in you and pursue penal action. The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer or have worked with a trusted one in the past, contact them and inform them of the subpoena.

How Can I Be a Good Trial Witness?

First and foremost, always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, dress business casual, be on time, and maintain a calm and polite composure. Avoid using bad or offensive language, and only speak when spoken to. If you are testifying at your own trial, always take your lawyers advice and follow their instructions.

Can a Child Be a Witness in a Criminal Case?

In the case that you have witnesses at your trial, whether in support of proving your innocence or guilt, there is a possibility that it can be a child or juvenile minor. Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children. A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies.

Can I Get Immunity For Being a Witness?

Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect. But, not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

Can I Be a Witness in My Own Criminal Case?

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If this is the case for your own trial, there are some rules to follow. In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Are you looking for an experienced and aggressive defense lawyer who won’t let you be subjected to the maximum penalties for your Indiana criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Might Also Read:

The Top Three Rules for Testifying in Court
The Importance of Witness Depositions in a Criminal Case
What are My Rights at Trial?

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

How Your Sentence Will Be Determined as a Defendant Facing Criminal Charges

Posted on June 16, 2020 by admin

When it comes to facing criminal charges, the most important factor is the skill and expertise of your defense. In fact, this is exactly why it is vital to retain a private lawyer, rather than a public defender. However, your lawyer is not the only factor that matters. Courts, namely judges, rely on several factors to help them determine what a defendant’s sentence will be. If you are currently awaiting an upcoming court hearing for a recent arrest, this information should be at the top of your priority list.

Continue reading to how judges base their rulings in criminal court, and the one single task you can do to avoid the maximum penalties for your criminal charges.

Levels of Criminal Charges and Wobblers

In Indiana, all crimes can be categorized into three types of offenses: Felonies, misdemeanors, and infractions. Felonies are divided into 7 categories in Indiana, from Level 1 to Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Similarly, Misdemeanors are divided into three “classes”, from Class A Misdemeanors, being the most serious, to Class C Misdemeanors, the least serious. Just like Level 6 Felonies, Class C Misdemeanors can also be wobblers.

Aggravating and Mitigating Circumstances

So, how does a judge decide whether to “wobble” a charge or not? As mentioned before, there are several factors they will consider when making this decision. These factors are known as aggravating and mitigating circumstances. Aggravating circumstances are elements of a crime that make the offense more atrocious, or worse in the eyes of the public. Mitigating circumstances are elements of a crime that, in some way, minimize the severity of the offense when compared to other similar crimes.

There are also statutory and enumerated circumstances that judges will look at when deciding on an ultimate sentence for a convicted criminal. Let’s discuss statutory and enumerated circumstances in an upcoming blog, so be sure to check back soon!

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

Choose Attorney David E. Lewis for Aggressive Criminal Defense

Posted on June 26, 2019 by admin

The Law Office of David E. Lewis has the aggressive and professional Indianapolis criminal defense lawyers you need to avoid being sentenced to the maximum penalties for your criminal charges. Continue reading to learn why we are a leading criminal defense law firm in Indiana, and what we will do to ensure your rights are protected and your freedoms are preserved. We may even be able to help clean up your arrest record.

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, as well as, throughout the entire state of Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law, and will work around the clock to ensure you are not subjected to the maximum penalties for your Indiana criminal charges.

Criminal Cases We Represent

Here at the Law Office of David E. Lewis, our seasoned Indianapolis criminal defense lawyers aggressively represent most state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

Indiana Criminal Record Expungement

Want to clean up your criminal record? With our help, you might be able to as early as this year! You see, criminal record expungement is now legal in our state, but only under very explicit conditions. And applicants are only allotted one single opportunity to file for expungement in their lifetime. YOU CANNOT PETITION TWICE.

To make matters more challenging, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Learn About Your Criminal Defense Needs

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation to determine the best strategies for defense pertaining to your individual charges and criminal history. When you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can also submit an email directly from our website.

You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern. Most importantly, our office is a 100% judgement-free zone, and you will feel warmth and welcome as if you were family every time you walk through our doors.

Critical Questions and Answers About Indiana Criminal Charges

Posted on May 24, 2019 by admin

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

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