The Laws Surrounding Graffiti Crimes in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

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 to discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.

Are Synthetic Drugs Illegal?

Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

The Tough Reality Behind Underage Drinking Arrests

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

The summer is a time for outdoor fun and relaxation, and many friends and family spend this season enjoying outdoor activities like pool parties, barbecues, concerts, and more. And since alcohol consumption is a part of having fun and relaxing, many people like to add it to the entertainment. Unfortunately, this also includes those who are not yet old enough to legally consume alcoholic beverages. Although underage drinking is illegal, it is bound to take place anyway. So if an underage person is caught by law
enforcement, it will lead to an arrest.

If you were recently arrested for underage drinking, you are facing a list of potential consequences. Consequences that are much worse than how your parents will react to your arrest. Continue reading to learn what to expect from underage drinking charges, and the proper steps you need to take after an arrest to secure your future.

The Outcome of Arrest

In Indiana, an underage drinking conviction is a misdemeanor, which is any crime punishable by up to one year in jail. You can expect to lose your drivers’ license, and be sentenced to several court-ordered penalties like probation, community service, large fines, ankle monitors, random drug tests, and even jail time. In fact, if you are found with a false I.D. you are more likely to face some jail time. The extent of your penalties will be entirely up to the judge and prosecution.

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Aside from the general penalties of an underage drinking conviction, a misdemeanor can drastically change a person’s otherwise bright future. Teens and young adults arrested for this youthful mistake also face life-altering consequences. For instance, a criminal record can make it much harder to obtain college admissions and/or scholarships. It can also impact internship and job opportunities.

What to Do Next

The safest and most effective step towards minimizing the life-long consequences of an underage drinking charge is to hire an experienced Indianapolis criminal defense lawyer to professionally navigate your case. They have the knowledge, experience, and drive to build an impactful defense on your behalf, and work with the prosecution to reduce your charges and subsequent penalties as much as possible.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for experienced and aggressive Indianapolis criminal defense you can trust. He is a seasoned criminal defense lawyer with decades of experience representing clients facing a wide range of criminal charges. If you or a loved one was arrested for underage drinking in Indiana, he can protect you from over-penalization and unfair sentencing conditions! Call 317-636-7514 to schedule a free initial consultation, today.

Common Criminal Law Terms and Definitions

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

If you or a loved one was recently charged with a crime, you will soon be surrounded by legal jargon that might confuse and intimidate you. Criminal law terminology is not always clear and straightforward. Many meanings can be complex and multi-faceted, so it is important to always retain the services of an experienced attorney who can guide you through the process accurately and securely.

In the early stages of retaining a licensed defense lawyer, it helps to review some common criminal law terms and learn their definitions. This allows you to prepare questions for your initial meeting with your criminal defense attorney and better understand your legal circumstances. Below you will find some very common and basic criminal law terms defined for your convenience.

Legal Terminology for Criminal Charges

Acquittal – A jury verdict that drops charges against a defendant who has not been proven guilty beyond a reasonable doubt.

Admissible – A term used to describe whether or not evidence can be used in a criminal case.

Affidavit – A printed or written statement of facts that is made under oath, usually by a defendant or witness.

Appeal – A post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly.

Appellate Court – The court with the power to review the judgements of lower courts and tribunals.

Arraignment – An initial legal proceeding where a person suspected of a crime is brought forth to court to hear their charges and asked to plead guilty or not guilty.

Bail – The release from jail of a person who was arrested and accused of a crime, but only under restricted conditions designed to secure the person’s appearance in court.

Bench Trial – Trial with no jury, where only a judge decides the facts.

Capital Offense – A crime punishable by death.

Case Law – The law, as established in previous court rulings; also called legal precedent.

Circumstantial Evidence – All of the evidence in a case that is not eye witness testimony.

Conviction – A judgement of guilt against a person accused of a crime.

Community Service – A court-ordered condition that requires offenders to perform work without pay for a civic or nonprofit organization.

Discovery – Disclosure of evidence among counselors before trial. Lawyers examine the facts, documents, and evidence in their opponent’s possession.

Diversion Program – Alternative to criminal prosecution for cases that are usually eligible for dismissal. May include the use of educational classes, victim panels, rehabilitation programs, community service, and more.

Due Process – The constitutional guarantee in criminal law that ensures every defendant will receive a fair and impartial trial.

Evidence – Information, presented in either documents or testimony, used to persuade a judge and/or jury to rule in favor of one side or the other.

Felony – A serious crime that is punishable by one year or more in prison.

Indictment – A formal charge issued by a grand jury that declares there is enough evidence that a defendant committed a crime to justify a trial. Generally used for felony cases.

Jail – A place of detention for individual’s awaiting trial for minor criminal charges.

Judge – A government official that has the authority to decide on legal cases brought before the court.

Jurisprudence – The study of law and the structure of the legal system.

Jury – A group of anonymous people, selected according to law, to hear the evidence in a trial and render a verdict based on facts.

Misdemeanor – Any crime that is punishable by up to one year in jail. A crime that is less serious than a felony.

Motion – A request made by a litigant in a trial, asking a judge to make a decision on a related matter in the case.

Nolo Contendere “No Contest” – A guilty plea in which the defendant does not directly admit guilt or innocence, and refuses to contest the charges against them.

Plea Bargain – An agreement made between a defendant and the prosecution in which the defendant pleads guilty in exchange for reduced charges or sentencing.

Pretrial Conference – A meeting of the judge and lawyers before a trial to examine evidence, review witnesses, set a timetable, discuss which matters should be presented to the jury, and the settlement of the case.

Probation – A federal court-ordered period of monitored supervision, handed down as an alternative to jail time.

Prosecute – To charge a person with a crime.

Sentence –Legal punishment ordered by a federal court for a defendant who has been convicted of a crime.

Standard of Proof – The level of proof required to convict a person of a crime. In criminal cases, prosecution must prove “beyond a reasonable doubt” that a defendant is guilty.

Testimony – Oral statements given by witnesses, field experts, and other relevant parties in a criminal case.

Uphold – When a higher appellate court agrees with the lower court’s decision, and allows their judgement to stand.

Verdict – A judge or trial jury’s decision of “guilty” or “not guilty” of a defendant in a criminal case.

Warrant – A written court order authorizing the arrest or search a person suspected of committing a crime. Generally carried out by law enforcement.

Writs – A formal written court order commanding a person to refrain from or take certain action.

David E. Lewis Attorney at Law

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indiana. He is an experienced Indianapolis criminal defense lawyer that will work around the clock to build you an impactful and aggressive defense on your behalf. Trust our law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.

How to Choose the Right Criminal Defense Lawyer

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer, and understandably so. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies from person to person, as well as, county to county. But in all criminal cases, the most important thing you can do is find the right criminal defense lawyer.

This is a critical step toward protecting your rights, preserving your freedoms, and securing a happy future. Choosing a criminal defense lawyer can be overwhelming because there are endless counselors and firms to choose from. But with the right knowledge, you can retain proficient legal counsel that is best for your case. Continue reading to learn what makes a dependable criminal defense lawyer if currently facing criminal charges in Indiana.

✪ Experience

One of the most important qualities to look for in a criminal defense lawyer is experience. Experience speaks to their level of knowledge in the field of criminal law, as well as, their dedication to their practice. Experienced lawyers are more likely to have long-standing relationships with local prosecutors and courthouses, which can also be an advantage in many ways. Experience also builds reputation, which allows you to review their success rate and likability among previous clientele. Which brings us to the second most important credential to look for in a criminal lawyer.

✪ Reputation

A crime lawyer’s reputation is important to consider because you want to know how they treat their clients. Reading testimonials and reviews from past clients is a great way to grasp an attorney’s character and performance. Facing criminal charges is stressful, so you want an honest and hard-working lawyer that can build you a strong case while also keeping your best interests’ at heart. And that is the next quality to look for.

✪ Aptitude

You need a criminal defense attorney that knows what they are talking about, and is well-versed in your state’s laws surrounding crime. A knowledgeable criminal lawyer has the intellect to build a strong defense on your behalf. Because they know the criminal process front to back, they can better develop a strategy to fight your criminal charges. Experience is usually a good indicator that a defense lawyer is highly-knowledgeable.

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law

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 Indiana. He retains the experience, aptitude, and reputation you need in a criminal defense attorney. He will build a strong defense to fight your criminal charges, while also working around the clock to protect your rights and preserve your freedoms. His ultimate goal is to be the strong arm in his client’s criminal case. His aggressive representation will have you feeling confident in your future. Call 317-636-7514 to schedule a consultation for criminal defense in Indianapolis, today.

Types of Specialized Criminal Courts in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, there are two primary types of court cases, civil and criminal. Most civil cases involve a plaintiff suing for restitution or compensation. Common examples are divorce and child custody cases. In contrast, criminal cases involve enforcing laws and seeking punishment for crimes committed. In civil cases, a person is seeking money, but in criminal cases, the party pressing charges is seeking punishment.

The government, or state, is generally the party that brings criminal charges against a person. Once this happens, the person will go to court to stand trial on the charges. There are three main categories of criminal court, all of which deal with different types of criminal cases. Continue reading to learn about the types of specialized criminal courts in Indiana.

Indiana Criminal Courts

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe. Take a closer look at each type of specialized court system in Indiana:

Felony Court – If a person is charged with a major felony, they will stand trial in an Indiana felony court. A major felony can be anywhere between a Level 5 and a Level 2 felony crime, as well as, murder. However, a major felony may be considered any level felony depending on the county in which the crimes originated. A felony is any crime that is punishable by 1 year or more in jail. For example, if Jack stole a car, he would be arrested for suspicion of car theft. Next, the state would bring felony theft charges against him and then he would go to felony court to stand trial.

Misdemeanor Court – Misdemeanors are lesser offenses than felonies. A misdemeanor is any crime that is punishable by up to 1 year in jail. Common examples of misdemeanor crimes include shoplifting, public intoxication, driving with a suspended license, and so on. Misdemeanors are classified into three classes, from A to C, depending on the severity of the crime and criminal history. The most serious is a “Class A” misdemeanor. If a person is charged with a misdemeanor, they will stand trial in an Indiana misdemeanor court.

Juvenile Court – If a person is charged with a crime, and they are under 17 years old, they will generally stand trial in an Indiana juvenile court. In the case that a crime is a typical juvenile offense, such as trespassing or petty theft, they will remain in the juvenile court system. However, in the case that the crime committed is a serious or egregious offense, minors may be tried as adults in felony court. It largely depends on the state in which the crimes originated.

Indianapolis Criminal Defense Lawyer

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 when you need an Indianapolis criminal defense lawyer that stops at nothing to protect your rights and preserve your freedoms. With extensive trial and litigation experience, and a drive that never stops, Attorney David E. Lewis will build a strong defense and impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation to discuss your case with an experienced criminal defense attorney in Indianapolis, IN.

The General Terms of Felony Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.