Tag Archives: criminal charges Indianapolis

Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

Indianapolis Criminal Defense

Indianapolis Criminal Defense 317-636-7514

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.

What is Probable Cause?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In the criminal law world, the term “probable cause” is heard often. Perhaps you have heard it in crime movies or police shows as well, but have never really understood its meaning. Well today, we will discuss the meaning of probable cause in the criminal justice world, and how it can play a role in a person’s criminal charge and subsequent conviction. Use this information to protect yourself from an arrest in the future.

A Legal Standard

There are several factors that influence an officer’s level of authority in a situation, but probable cause is one that plays a major role. Probable cause is a legal requirement that must be present or met in order for a police officer to make an arrest, conduct a search (personal or property), or obtain a warrant. Probable cause is facts or evidence surrounding a situation that would lead a “reasonable” person to believe a suspect has committed a crime. Indiana Code § 35-33-1-1 fully-outlines the details of this legal standard.

Examples of Probable Cause

The most common examples of probable cause start with our senses. If a police officer sees, hears, or smells anything that is a sign of a particular crime, they may use it as probable cause. For instance, if a police officer stops a vehicle for a routine traffic violation, perhaps a burnt-out tail light, they can proceed with an investigation if they see an open alcoholic container in the driver’s cup holder. In the same scenario, if the officer smells a strong scent of marijuana or other drug, they can also use that evidence as probable cause to search the vehicle.

In another example, if a tells the police officer that they had a few drinks at the bar, the cop could use that information as probable cause to breath test or implement a field sobriety test. Scenarios that are not considered probable cause include speeding, broken taillights, expired vehicle registration, loosened or crooked license plate, and other routine traffic violations. Also, in order for a police officer to search your private property, they must have a search warrant. However, police do not need a search warrant to search your vehicle if they have sufficient probable cause to do so.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana or its surrounding counties. He provides aggressive criminal defense, and will fight for your rights, and stop at nothing to protect your freedoms. Call 317-636-7514 to schedule a free initial consultation today.

How Long Does a Prosecutor Have to Bring Criminal Charges Against Someone?

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Indianapolis Criminal Defense Attorney 317-636-7514

Indianapolis Criminal Defense Attorney 317-636-7514

On television, you are likely to see extravagant plots about fugitives running from the law and living out their lives happily-ever-after in a faraway place. But in real life, out-running the law is not a likely circumstance, nor the ideal option for dealing with criminal charges. However, in the rare case that criminal charges never catch up to a person, is it possible for their charges to be dropped if a long amount of time passes by? Continue reading for the answer.

Indiana Statutes of Limitations for Criminal Charges

In Indiana, there are statutes of limitations that outline the amount of time a prosecutor has to bring charges against a person after the commission of a crime. The length of time can depend on a variety of factors, but mostly depends on the severity of the criminal act. For example, time lengths can be extended if the state makes an error that results in a case being dismissed. In this case, the state must bring charges against the defendant within 90 days following the dismissal. Also, if a defendant is not a resident in the state or conceals evidence of their crime, statute of limitations can be extended.

After the commission of a crime, the state has so many years to charge a person for that crime. Below is a brief overview of these limitations.

Misdemeanor Crimes: 2 Years

Level 6 Felonies: 5 Years

Level 3, 4 & 5 Felonies (excluding sex crimes): 5 Years*

*Charges can be brought within 1 year of the state first discovering evidence through DNA analysis, or if they could have discovered evidence through DNA analysis with due diligence.

Level 1 & 2 Felonies: No time limitation. The state can bring charges against a person for as long as they are alive.

Murder: No time limitation. The state can bring charges against a person anytime regardless of how long it’s been since the victim’s death and the commission of the crime.

Sex Crimes: The state must bring charges against a person before their VICTIM turns 31 years of age.*

*Sex crimes include child molestation, statutory rape, child solicitation, vicarious sexual gratification, child seduction, incest, etc.

Forgery Crimes: 5 Years*

*Time lengths can be extended by the 3 factors mentioned earlier in the blog.

If You Have Been Charged With a Crime…

Since there are so many variables that can limit or extend the amount of time the state has to bring charges against you, it is best to consult with an experience criminal defense attorney for a better understanding of the Indiana criminal process. Not only can they properly navigate your case with your best interests in mind, they can help protect your rights and preserve your freedoms.

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

David E. Lewis, Attorney at Law is an Indianapolis criminal defense lawyer with decades of experience defending those facing criminal charges. Call our law firm today at 317-636-7514 to schedule a free initial appointment to discuss your case and begin developing a plan to protect yourself. Your best chance at avoiding the maximum penalties for your charges is to hire an aggressive criminal attorney that knows the system. David E. Lewis is that attorney that will work around the clock fighting to defend your case! Call 317-636-7514 to learn more about criminal law in Indiana, and your options as someone facing criminal charges in Indiana.

What Happens to Foreign Nationals that Commit Crimes in the United States?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The United States Immigration and Customs Enforcement Office, or ICE, enforce various federal laws concerning border control, immigration, trade, and customs for the United States of America, in order to uphold homeland security and public safety. They do everything in their power to prevent threats and acts of terrorism, human trafficking, illegal trading, illegal importing and exporting, transnational crimes, and much more, all while focusing on smart immigration enforcement. ICE is an integral part of our country’s national security, and as U.S. citizens, we should be very grateful for their efforts. Continue reading to learn more about immigration court, and how non-citizens are informed of an indictment in the United States.

Illegal Immigrant Crimes

If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.

This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.

When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.

Indiana Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. He is a seasoned criminal defense lawyer that will fight to protect your rights and preserve your freedoms after being charged with a crime in Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.