The Importance of Hiring Your Own Criminal Defense Lawyer

If you or someone you know has been arrested, it is important to understand the different lawyer options that are available in order to choose the best option for your case. Although the law gives you the right to a state-appointed attorney, known as a public defender, it is wiser to hire your own lawyer. With a private criminal attorney working your defense, you have the best chance at obtaining the best possible outcome in court. This means avoiding jail time and preserving your freedoms.

In this blog, we will dive further into the various reasons why private criminal defense is so important in criminal cases, plus provide some tips on how to find a trusted and affordable attorney near you.

Indianapolis IN Criminal Defense Law Firm 317-636-7514
Indianapolis IN Criminal Defense Law Firm 317-636-7514

Private Criminal Defense is the Best Defense

A criminal defense lawyer can help you in many ways if you have been accused of a crime. They will review the evidence against you and look for any legal loopholes that could help your case. A good lawyer will also negotiate with prosecutors to get a lighter sentence or have the charges dropped altogether. If you are facing serious charges, a criminal defense lawyer can also help you take your case to trial.

The Benefits of Having a Private Criminal Attorney

When you have been accused of a crime, it is important to have an experienced and knowledgeable criminal defense lawyer on your side. A good criminal defense lawyer can make all the difference in the outcome of your case. Here are some of the advantages of hiring a criminal defense lawyer:

➀ An experienced criminal defense lawyer will know the ins and outs of the criminal justice system.

➁ A good criminal defense lawyer will be able to negotiate with prosecutors to get a more favorable plea deal for you.

➂ A skilled criminal defense lawyer will be able to challenge the evidence against you and make sure that your constitutional rights are upheld.

➃ A knowledgeable criminal defense lawyer will know how to navigate the complex rules and procedures of the criminal justice system.

➄ A competent criminal defense lawyer will be able to provide you with an aggressive defense, which can make all the difference in the outcome of your case.

If you have been accused of a crime in Indiana, it is important to hire an experienced and knowledgeable criminal defense lawyer who can fight for your rights and ensure that you receive a fair trial. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

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Will I Be Eligible for a Diversion in Criminal Court?

After being charged with your first offense, the courts may decide that you are eligible for a diversion program. Diversion programs allow defendants to avoid a conviction and sentence by completing certain requirements, such as drug treatment or community service. These programs can be beneficial for first-time offenders or those with non-violent crimes. Speak to your attorney about whether you may be eligible for a diversion program in your case.

Continue below to learn more about diversion programs, including what it might mean for your future and your freedom if you are granted this legal option.

Criminal Lawyer  Indianapolis Indiana 317-636-7514
Criminal Lawyer Indianapolis Indiana 317-636-7514

What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

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Are Dropped Charges the Same as Dismissed Charges?

When criminal charges are no longer being held against you, they have either been dropped or dismissed. Although they render virtually the same results, charges dropped and charges dismissed are two different criminal outcomes. Continue reading to learn the difference between dropped charges and dismissed charges, including the pros and cons of each.

Criminal Lawyer Indianapolis Indiana 317-636-7514
Criminal Lawyer Indianapolis Indiana 317-636-7514

The Prosecutor Decides to Drop or Dismiss Charges

In criminal cases, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges. Also known as the People, the State, or in federal cases, the United States, the prosecutor will ultimately make the decision to either drop, dismiss, or pursue the criminal charges against a defendant of the court. If the prosecutor chooses to pursue the criminal charges against a defendant, they must prove every element of the criminal act beyond a reasonable doubt. Because this is a challenging burden to undertake, prosecution will sometimes choose to drop or dismiss the criminal charges instead.

Criminal Charges That Are Dropped

Criminal charges can be dropped before or after charges have been filed with the court. The most common reason why charges are dropped in criminal cases is due to insufficient evidence. As we mentioned before, prosecutors have the burden of proving every single factor of a crime beyond a reasonable doubt. If there are holes in their case against the defendant, they may lack confidence in their ability to prove their assertions beyond a reasonable doubt.

Additional reasons why prosecutors might drop charges include errors in law enforcement procedures and violation of amendment rights, specifically 4th, 5th, and 6th. Sometimes, courts, prosecutors, and government offices have heavy caseloads but not enough resources to deal with them all. This might lead a prosecutor to drop criminal charges the defendant. In other cases, a criminal defendant might have information that can help law enforcement pursue bigger criminal cases. If the defendant is willing to help, they might be offered a deal that involves dropping their criminal charges.

Criminal Charges That Are Dismissed

Criminal charges are usually dismissed for the very same reasons they are dropped, and lack of evidence is still the most common. The main different between dropped criminal charges and dismissed criminal charges is where they occur in the timeline of the judicial process. Dismissed charges generally don’t take place until later on, after the judge or prosecutor realizes they don’t have what they need to prove that the defendant is guilty of the alleged crimes. Oppositely, charges can be dropped before anything is even filed with the court.

Further distinctive of dropped charges, dismissed charges can be ordered by the judge rather than the prosecution. If the judge feels that there are holes in the case, they might override the process and dismiss the charges themselves.

Pros and Cons

Although hypothetical, if you could choose, you would want your charges to be dismissed. When charges are dropped against a defendant, prosecution still has the opportunity to reinstate their criminal charges later on. This might happen if they gather more sufficient evidence against you, allowing them to build a stronger case that proves you are guilty of the alleged crimes. When charges are dismissed, they typically stay dismissed for good.

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

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How to Switch From a Public Defender to a Private Criminal Lawyer

It is a common scenario experienced by thousands of criminal defendants all across the state of Indiana. Upon accepting public defense from the court, a defendant will quickly change their mind and decide that private criminal defense is the safer, more reliable route to take with their case. And they are all correct.

Continue below to learn why public defense is not the best choice for legal representation when facing criminal charges, plus how to switch from a public defender to a private lawyer if you also decide that your future and freedoms are too precious to risk.

Local Criminal Lawyer Indianapolis Indiana 317-636-7514
Local Criminal Lawyer Indianapolis Indiana 317-636-7514

The Harsh Reality of Public Defense

Public defenders are real, board-certified lawyers. They are employed under a federal system or publicly-funded public defender’s office and assigned to defendants who cannot afford or wish to pay for a private attorney. After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a private Indianapolis criminal defense lawyer, out-of-pocket.

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more.

Not only do they do most of the work for a public defender, but they do also not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real concerns about their future.

The Easiest Way to Change Attorneys Mid-Case

If you feel like your public defender does not have the ability to fight your criminal charges and protect you against the maximum penalties, like jail and heavy fines, just let them go, but not before hiring a private criminal defense lawyer in their place. That’s all you have to do.

Just hire an experienced and skilled Indianapolis IN criminal lawyer, and they will take over for you, handling all tasks related to your legal needs. They will contact the public defender’s office or write a letter to the judge on your behalf, explaining why you wish to make the switch. This is not a responsibility you want to face on your own.

Are you unhappy with your pubic defender? Or have you changed your mind and want to switch to a more qualified law office? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

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What to Expect if Your Indiana Criminal Case Was Suspended

Criminal case suspensions were not always a routine legal motion. But due to the recent COVID-19 pandemic, Indiana criminal cases are continuing to be suspended as workloads and staff availability remain exponentially incompatible. If you were recently notified that your Indiana criminal case has been suspended until further notice, it’s important to educate yourself on what this means to your pending charges and bail bond conditions, and how the law expects you to move forward.

Continue reading to learn what to expect if your criminal case was just suspended in Indiana and who two trust for precise legal advice and criminal defense representation in Indianapolis.

Criminal Lawyers Indianapolis IN 317-636-7514
Criminal Lawyers Indianapolis IN 317-636-7514

Facts About Indiana Criminal Case Suspensions

As a result of the recent coronavirus pandemic, the Indiana criminal justice system has seen its share of delays. Criminal case suspensions are accumulating by the day at this point, so it is no surprise that you have just received notice of suspension involving your pending criminal case. Whether or not your criminal case will be rescheduled sooner than later depends on the circumstances surrounding the emergency plans being made by the Indiana courts and legislative system. Basically, it is all up in the air as of right now, making it vital that you contact in Indianapolis Indiana criminal defense lawyer to learn exactly what’s to come of your criminal case.

Which Cases Are Being Suspended?

There are various parts of a criminal case, but currently, there are specific elements of the criminal justice system being suspended by the Justice Department here in Indiana. These include jury selections, new criminal trials, and various types of court hearings. Here is a more detailed list of the current Indiana criminal case suspensions:

❖ New Criminal Trials
❖ Jury Selection Hearings
❖ Other Court Hearings
❖ Oral Arguments
❖ Building Access to Employees
❖ In-Person Interviews
❖ Jury Trials

Additional suspensions not involving the outcome of a defendant’s criminal case include restrictions on employees entering and leaving the building, oral arguments during trials, trials by jury, and in-person interviews. These practices are currently not permitted in Indiana criminal cases.

What to Do If Your Criminal Case is Suspended

If your criminal case has been suspended, you should’ve received notice right away from the local court and by your hired attorney. Within this notice should be detailed instructions on what’s expected of you during this time. Your most important focus at this point should be to remain employed, avoid committing any further offenses, and stay away from all criminal activity.

For those not in custody, all criminal case matters will be postponed until further notice. If you are out on bail during this time, you will still need to adhere to all bail bond terms and conditions. This includes not leaving the state, remaining out of trouble with the law, and appearing for your court hearing when it is rescheduled. Be sure to stay in contact with your criminal defense lawyer in Indianapolis to ensure you do not miss your rescheduled court date.

For those arrested and in custody, trials might be delayed or postponed. In this case, defendants would have to remain in jail until their trial is rescheduled. Typically, criminal cases are pushed back weeks or months in time, but there are some that have been pushed to over a year. Speak to an Indianapolis criminal defense attorney for help rescheduling your court hearing.

Was your criminal case suspended in Indiana and now you aren’t sure what to do? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

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When Will I Make a Plea in My Criminal Case?

Criminal defendants in Indiana commonly want to know when they will have the opportunity to plead guilty or not guilty in the criminal case. Let’s start by briefly examining the different stages of a criminal case, including the point at which you are ordered to plea, convicted or acquitted, and sentenced if convicted. Continue below to get started.

Crime Lawyer Indianapolis IN 317-636-7514
Crime Lawyer Indianapolis IN 317-636-7514

The Common Order of Events in a Criminal Case

The common order of events in a criminal case are as follows: arrest, bail, arraignment, preliminary hearing, pretrial motion, trial, sentencing, and if applicable, appeals. Usually, the criminal defendant accepts a plea bargain from the prosecuting attorney, in which case all criminal proceedings basically come to an end. Accepting a plea bargain essentially means pleading guilty before a trial takes place.

Criminal Case Stages in Standard Order:

Arrest

State level criminal cases begin with an arrest, either on the spot or following an arrest warrant surrender. If suspected of federal charges, the criminal process begins with an indictment. Once the defendant is arrested, they are placed in custody at the local county jail or Sheriff’s office.

Bail

Once a defendant is placed in custody, they will be booked and processed into the jail’s database system by jail staff. If the defendant is arrested under the influence of drugs or alcohol, jail staff must wait at least eight hours to ensure the defendant is sober before getting started on booking them. Once the booking process is complete, the inmate is given the opportunity to post bail. Bail is usually set by a judge or other court officer between 24 and 48 hours of the arrest, but it can also be denied by the judge if certain factors apply.

Pursuant of Indiana Rules of Trial Procedure, local circuit court rules specifically state, “A person arrested and incarcerated without a warrant should be released from custody within forty-eight (48) hours of arrest unless a judicial determination of probable cause for arrest has been obtained or extraordinary circumstances exists which prohibit the holding of a hearing on probable cause within forty-eight (48) hours.”

Arraignment

If you were wondering when a defendant is given the opportunity to make a plea in their criminal case, the answer would be during their arraignment. At the arraignment, the judge will read the defendants their criminal charges, and then give them the opportunity to plead guilty or not guilty. A defendant’s arraignment is their first official court appearance. Typically, by this point they would have already hired a private criminal defense lawyer in Indianapolis. If not, the judge will give the defendant the opportunity to accept a public defender at this point in the criminal process.

Preliminary Hearing

The preliminary hearing, also known as the initial hearing or preliminary examination, is the next stage of the criminal process. In some cases, states will bring criminal charges by grand jury indictment. Federal cases are required to bring charges by grand jury indictment. During the preliminary hearing procedures, both the prosecution and defense legal teams will go back and forth questioning witnesses and the defendant. This hearing is used to establish probable cause. If the case gets dismissed because there is not enough evidence to support the criminal charges, it will happen at the preliminary hearing.

Pretrial Motion

Also known as a pretrial conference, this hearing takes place before the defendant’s trial hearing. It is simply a meeting between both the prosecuting attorneys and the defense attorneys, to discuss pre-trial motions and other trial-related issues. At this meeting, it will be decided if the case will go to trial, or if a plea bargain can be agreed upon instead. If a plea agreement is made, then a trial will not be needed.

Trial

Following the plea of guilty or not guilty, the defendant will be found one way or another at their trial. It is the prosecution’s responsibility, or burden, to prove beyond a reasonable doubt that the defendant is guilty of their alleged criminal charges. If prosecution fails to do so, the defendant will be found not guilty. Otherwise, the trial is when defendants are handed down a guilty verdict.

Sentencing

At the sentencing hearing, the defendant will learn what their penalties are for their convicted criminal charges. Common court-ordered penalties for guilty convictions include jail time, fines, probation, house arrest, ankle monitoring programs, drug or alcohol rehabilitation, educational courses, and more.

Appeals

If a defendant is found guilty at their trial, their criminal defense lawyer can file an appeal in appellate court to either reduce or turn around their client’s conviction, or to be given a retrial. Requesting an appeal means a defendant wants their case reviewed by a higher court to ensure authenticity and due diligence.

Are you looking for a skilled criminal defense lawyer to protect you from the maximum penalties for your criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

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Will My Kid Be Tried in Adult Criminal Court?

Although your teenager is still juvenile under the eyes of the law, they may not be tried as one if they are charged with a crime. Sometimes, juveniles end up in adult criminal court, where penalties are more severe and longer-lasting. If your kid has just been arrested and charged with a criminal offense in Indiana, you may wonder if they will be tried as an adult or a juvenile.

Continue reading to learn the top three ways a juvenile is tried in adult court and how to protect your child from receiving the maximum penalties for their Indiana criminal charges.

Juvenile Criminal Defense Indianapolis Indiana 317-636-7514
Juvenile Criminal Defense Indianapolis Indiana 317-636-7514

Juveniles 16 Year of Age or Older May Be Tried as an Adult

Although a juvenile is a minor under 18 years old according to both Federal and state laws, in criminal cases, teenagers between the ages of 16 and 17 years old are those who would typically be considered for adult court; but only under specific circumstances.

Even the Supreme Court recognizes that juveniles are not yet matured, and do not retain the proper emotional intelligence or impulse control to fully understand the wrongfulness of their crimes, nor the foreseeable consequences.

For this reason, there are juvenile courts that are specifically tailored to juvenile criminal cases and juvenile rehabilitation. However, there are ways for prosecuting attorneys to treat juveniles like adults in adult criminal court.

A prosecutor’s office has three methods of doing this:

Direct File – They can seek to directly file the juvenile in the adult court, which does not require any sort of juvenile court hearing for approval, nor does the judge have any say-so in the prosecution’s decision. In order for prosecution to directly file a juvenile’s criminal charges in adult court, the criminal charge must fall under IC 31-30-1-4. Examples of charges on this list include attempted murder, murder, rape, kidnapping, robbery with a deadly weapon, robbery that causes serious bodily injury, and carrying a gun at school without a license.

Waive to File IC 31-30-3 allows prosecution to seek to waive charged juveniles to adult court. This differs from a direct file procedure because the motion must be filed and adjudicated in juvenile court first. Also, judges to have discretion in the decision. The 3 kinds of waivers include Discretionary, Presumptive, and Mandatory waivers. The waiver chosen depends on the age and nature of criminal charge.

Prior Successful Waiver/Subsequent Felony Charge – A prior successful waiver and subsequent felony charge is the third method of bringing charges against a juvenile offender in adult court, which is allotted under IC 31-30-1-2. If the juvenile is charged with a felony but was previously waived to adult court for a prior charge, prosecution will automatically file their new charges in adult court. However, if the juvenile’s new charges are on a misdemeanor level, and they were previously waived to adult court on felony charges, they will NOT automatically be turned over to the adult criminal justice system.

Hire an Indiana Criminal Lawyer for Superior Legal Protection

This information and Indiana Codes are confusing to anyone who is not well-versed in state and federal criminal law. It is vital to discuss all of your criminal charge and conviction concerns with an experienced criminal defense lawyer in Indianapolis. They have the knowledge and resources to navigate your kid’s criminal defense in a direction that minimizes their charges and subsequent penalties.

Are you looking for an aggressive and skilled criminal defense law firm for your daughter or son’s Indiana or federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 for professional criminal defense in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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Top Indiana Criminal Law Facts Everyone Wants to Know

As a leading criminal defense law firm in Indiana that has been practicing for nearly 3 decades, we have heard almost every question in the book. But when it comes to the most frequently asked questions about criminal law and defense, there are a handful that certainly top the list. Continue reading to learn the top criminal law facts that everybody wants to know, and how to get protect yourself from the maximum penalties for your pending criminal charges.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

Indiana Criminal Law and Criminal Defense Facts

Whether you are somebody who lives in Indiana or simply passing through, it is important that you know these criminal law and criminal defense facts:

Law Enforcement Searches

Everyone wants to know the legalities surrounding law enforcement searches. The truth is, if law enforcement wants to search your house or car, you reserve the right to say no. However, if police have a valid search warrant for your house or other property, then you cannot decline. If this happens to you immediately contact in Indiana criminal defense lawyer for guidance.

Field Sobriety Testing

If a person is pulled over because they are suspected of driving under the influence of either alcohol, controlled substances, or drugs, the driver has the right to refuse a breathalyzer and field sobriety test. However, under Indiana law, if you do refuse either of these tests, your driver’s license is immediately suspended for six months. When signing your registration, you automatically agree to these terms. You will also face additional penalties if ultimately convicted of a DUI.

Suspended Licenses

Here in Indiana, is illegal to operate a motor vehicle driver’s license is suspended or revoked. If you are caught driving with a suspended or revoked license, not only will you be required to pay hefty fines, but you will also lose your driving privileges for an extended period of time.

Rights to Attorney Requests

When you are arrested in Indiana, you have the right to request to consult with an attorney before answering any questions asked by law enforcement or investigators. In fact, it is strongly encouraged to always speak with a criminal defense lawyer before agreeing to be interviewed by law enforcement. This entitlement has to do with your Miranda Rights.

Criminal Records

Many people assume that a criminal record is permanent, but not all criminal arrests, charges, and convictions have to be. Speak with a skilled and experienced Indianapolis crime lawyer who is well-versed in Indiana’s Second Law to learn your eligibility for criminal record expungement.

Juvenile Defense

Although contrary to common belief, juveniles can be tried as adults, and therefore be penalized like one. It is important to retain the services of a private criminal defense lawyer to avoid the situation, and to protect your child from being sentenced to the maximum penalties for their criminal charges.

Are you currently facing criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled criminal defense in Indianapolis, Indiana. We represent adults and juveniles.

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I Was Arrested So What Happens Now?

Being arrested, or even experiencing the arrest of another person, can be a traumatizing event. Upon an arrest, it is common to feel an influx of anxiety, concern, fear, and various other emotions. But more often, people under arrest, or have just arrived home after being bailed out of jail, or simply filled with questions. Continue reading to learn what you can expect from the Indiana criminal justice process following your arrest, and who you need to call for aggressive criminal defense that can reduce or dismiss your Indiana criminal charges.

Criminal Defense and Appeals Indianapolis IN 317-636-7514
Criminal Defense and Appeals Indianapolis IN 317-636-7514

The Basic Stages of a Criminal Case

Although it may differ from state to state, here in Indiana, all criminal cases start with the arrest, whether that be a physical arrest, an indictment, or an arrest warrant. Following an arrest, the preceding stages are bail, arraignment, preliminary hearing, pretrial motion, trial, sentencing hearing, and if applicable, an appeal.

Bail

A person is arrested, they are eventually given the opportunity to post their bail. To do this, you would contact a local bail bondsman and follow their instructions. There is a nonrefundable fee for a bail bond, and you will be required to sign a legally-binding contract that holds you liable for the full bond amount in the case that the defendant fails to appear for their scheduled court date.

If you are turning yourself in for an arrest warrant, meaning you are the one that is to be arrested, you can contact a bail bondsman ahead of time for prearranged bail bond service. This will get you in and out of jail much faster.

If a person is arrested under the influence of drugs or alcohol, they will not be eligible for booking until they’re sober, and they cannot get bailed out of jail until they are booked. Jails usually wait 6 to 8 hours before booking and intoxicated inmate into the system. So, you will need to wait at least six hours before even attempting to bail and intoxicated person out of jail.

Arraignment

The defendant’s first court appearance is called the arraignment. This is simply a court hearing to notify the defendant of their official criminal charges, generally read by the judge, and allow the defendant to plead guilty or not guilty to their charges.

Preliminary Hearing

Depending on whether a defendant is facing state or federal level charges, charges may be brought against them either through a “bill of information” secured through a preliminary hearing, or grand jury indictment. States can use either process, while the federal government uses grand jury indictments. Basically, a preliminary hearing (or in a federal case, grand jury) is held to establish that enough probable cause exists to pursue criminal charges against the defendant. During this hearing, both sides question witnesses, present evidence, and make their arguments. Preliminary hearings are also called preliminary examinations. In the case of grand jury, only the prosecutor is heard.

Pre-Trial Motion

A pretrial motion is held right before the trial. It is intended to give   both the prosecution and defense attorneys an opportunity to resolve any lingering issues, and confirm which pieces of evidence will and will not be admissible at trial.

Trial

At the trial, a judge or jury will find a defendant guilty or not guilty. Since the prosecution is the party that holds the burden of having to prove the criminal case, they are responsible for proving beyond a reasonable doubt that is the defendant guilty of the charges being brought against them. During this hearing, you can expect opening and closing statements, cross examinations, witness testimonies, and ultimately a verdict. When mistrials declared, they happen during pretrial motion hearings.

Sentencing

After the trial, the defendant will then attend their sentencing hearing.  During this hearing, the judge and jury panel will decide which punishments are appropriate for their particular criminal conviction, and then the judge will officially sentence the defendant to those penalties. Such penalties can include fines, committee service, jail time, and more.

Appeal

In the case that a defendant believes they were wrongly accused or convicted, they can choose to file an appeal and applet court. This means that their criminal case will be reviewed by a higher court, one that may decide to reduce or reverse their conviction if they find any errors or unconstitutional elements that took place in the case.

Are you looking for a qualified and skilled criminal defense lawyer who will fight your criminal charges and keep you out of jail? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

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What You Need to Know About Hiring a Criminal Attorney

When you are charged with a criminal offense in Indiana, it is vital that you hire a seasoned criminal defense lawyer to build a strong and impactful defense on your behalf. In order to find the right criminal attorney for your case, you must choose a reputable criminal defense law firm. These are not the only criminal defense tips you should be following.

Continue reading to learn the top 4 factors you need to know about hiring a criminal attorney, from how much they charge to finding a trusted professional who can obtain the most successful outcome for you.

You Don’t Have to Face the Indianapolis Courts Alone.

Finding Criminal Defense Attorney

The most impactful element of your defense will be the attorney you choose to hire for your case. You must look for criminal defense lawyer who has extensive experience working with the local courts in the county of your charges. Furthermore, you want to ensure they have experience in the type of criminal charges you are facing. For instance, if you are charged with your third DUI, it is imperative that you choose a qualified defense attorney who has extensive knowledge and experience in DUI defense and drunk driving laws.

Hiring a Team of Attorneys

When it comes to hiring a criminal defense attorney, it is imperative that you ask in the initial consultation whether the attorney will be working alone on your case, or if your case will be handled by a team of attorneys and legal staffs. It is wise to choose a criminal defense lawyer who works alone or with only one or two other staff members to ensure that your defense is managed with a strict focus on your rights and future freedoms.

Paying for Your Criminal Defense

Private criminal defense lawyers are not free. Although you can choose to accept a court-appointed public defender free of charge, it is a very risky decision when your future and freedom are at stake. To get the best possible outcome to your criminal case, you must hire a private criminal defense law firm; and yes, it will not be cheap. But can you really put a price on avoiding jail time, substantial fines and restitution, and a criminal record that holds you back from employment opportunities? A lawyer may cost you a large sum of money upfront, but the cost is well worth it in the long run.

Expecting a Guaranteed Outcome

Speaking of your court case outcome, it is important that you go in with the mindset that nothing is ever guaranteed. When it comes to criminal charges and convictions, no one, not even the presiding judge nor the most experienced criminal attorney, can predict the guaranteed conviction, dismissal, or reduction of charges and penalties. However, a skilled and experienced criminal defense attorney has the acumen and professional resources to help to ensure you avoid the maximum penalties for your criminal charges.

Are you unsure of which defense attorney to trust with your Indiana criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with an esteemed Indianapolis Indiana criminal lawyer who can get your charges reduced or dismissed!

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