How to Change Criminal Defense Lawyers Midstream

Posted on February 17, 2020 by admin

Any relationship can start off on the right foot, but eventually begin to show signs of incompatibility. When it comes to professional relationships, like the one with your criminal defense lawyer, the same possibility can apply. In fact, many clients find themselves longing for new legal representation, whether because their current lawyer is not meeting certain professional expectations, or for the simple fact that they do not feel a solid lawyer-client connection.

If you are currently a client of a criminal defense attorney who is just not feeling like the right fit for your legal matters, you do have the option of switching counsel. However, there are some factors that can affect the circumstances of making such a switch, from the amount of time your case has been active, to the cooperation of your soon-to-be former lawyer.

Continue reading to learn what you need to know about changing criminal defense lawyers, midstream.

Switching Criminal Defense Lawyers

Changing criminal defense lawyers will not harm your case, overall. It is common for clients to switch legal representation midstream for a number of reasons. Lack of communication, unprofessional behavior, disagreements in case direction, and similar inadequacies are frequent reasons why this happens.

Finding a Reputable Replacement

When you are ready to move on to a new criminal defense lawyer, your first step is to find a reputable replacement in your city. See our blog, “How to Choose the Right Criminal Defense Lawyer” to learn how to get started on the right track. Once you have found a new criminal defense law firm to take your case, you can relish in relief, as they will take on the duty of arranging the change.

Your new lawyer will contact your former lawyer to notify them of the switch. From there, the two lawyers will set a time to complete the handoff of client information and all other related data. Afterwards, a new meeting is scheduled for all three parties (you and the two lawyers) to sit down and discuss payment owed to the former lawyer, if any at all.

Paying Your Former Lawyer

The amount of money you will owe to your former criminal defense lawyer will depend on several factors, many of which are influenced by state laws. Common factors that will affect this amount include the current stage of the case, how many hours they have already spent working on the case, and how much you have already paid. If money is owed to your former criminal defense lawyer, you will have to pay them in full. To ensure payment, some states allow criminal defense attorneys to put a lien on the proceeds they are owed. This will usually take place in small claims court as a civil matter.

Get Started ASAP to Protect Yourself

If you are not happy with your current criminal defense, whether a private paid lawyer or a public defender, it is vital that you make a switch as soon as possible. Your future and your freedom depend on the quality of your criminal defense attorney. Be sure to hire a seasoned and aggressive Indiana criminal defense lawyer who can protect your rights and preserve your freedom, and obtain the best possible outcome for your case. Without a lawyer on your side, you have a severe and massive risk of being sentenced to the maximum penalties for your criminal charges, including major fines and long-term jail time.

An Indianapolis Criminal Defense Attorney Who Will Fight For You

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis criminal defense attorney 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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

3 Circumstances That Do Not Allow a Pre-Trial Release

Posted on November 8, 2019 by admin

Monetary bail is used to maximize the likelihood of a defendant’s presence in court, ensure a defendant’s right to remain innocent until proven guilty, and for general public safety. However, when a court believes that a defendant does not pose a threat to themselves or to the public, nor poses any flight risk or re-offense, the court mat decide to release them from jail without the obligation to pay for bail or surety.

This is known as a pre-trial release, and they are significant to the local community in many ways. Continue reading to learn more.

Pre-trial releases sanction trial judges to release arrestees sooner, which provides defendants a load of opportunities they would otherwise not have. Since defendants get to avoid jail, they can get straight back to their lives, such as work, school, and family. This lets them keep their employment, continue making money, tend to the needs of their children, avoid missed days at school, and much more. Furthermore, pre-trial releases reduce the overutilization of local jail resources, thus reducing state expenses.

Circumstances That Deny Pre-Trial Release

Not everyone will be granted a pre-trial release following an arrest. There are circumstances in which a court will not let an arrestee go, and instead, set their monetary bail. If a defendant falls into one of the three categories below, it is very likely that they will not be eligible for pre-trial release.

❶ The defendant is charged with murder or treason.

❷ The defendant is already on a pre-trial release that is not related to the current suspected offense that is the basis for the present arrest.

❸ The defendant is currently on probation, parole, or other form of governmental supervision.

If You are Not Eligible for Pre-Trial Release…

Even if you or your loved one was not granted pre-trial release privileges following an arrest, there is still the option of posting bail. In most cases, a judge will set an offender’s bail within a few hours, and always within 24 hours. If bail is not set, an arrestee must wait in custody until their scheduled court hearing. If bail is set, simply contact a local Indianapolis bail bondsman for a safe and secure release from jail using a bail bond.

Are You Facing Indiana Criminal Charges?

If you do not already have a licensed Indiana criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you.

What to Do if You Just Found Out About Your Arrest Warrant

Posted on August 23, 2019 by admin

Arrest warrants are serious court orders, but they are nothing to worry about so long as you choose the proper recourse. You never want to ignore an arrest warrant, because the legal circumstances surrounding the order will only worsen as time goes on. So the sooner you deal with a warrant, the less severe your penalties are likely to be.

If you just discovered that you have an arrest warrant in your name, continue reading to learn exactly what you need to do to protect your rights and preserve your freedoms.

Arrest Warrants in Indiana

An arrest warrant is a legal court order that orders your arrest on contact. Once a warrant is issued, all local law enforcement is immediately notified through a universal database to arrest you on the spot. Police can come looking for you at home, work or school, or even while you’re out with friends. For less serious offenses and infractions, police are not likely to come after you. Instead, you can get arrested on the spot during a routine traffic stop, or during any other type of police encounter that requires law enforcement to scan your name in their database.

If this happens, you will be arrested on the spot; even if you were just pulled over for having a taillight out. As soon as the cop runs your license through their system, the warrant will appear, and they have no other choice but to detain you on the spot and take you directly to jail. If you are pulled over in a traffic stop, your car will be towed to the nearest impound lot, and you will have to pay to get it out later.

Being arrested on the spot or hunted down by police for an arrest warrant is not an ideal situation. Nor do you do not want your warrant to turn outstanding. The legal consequences for ignoring or procrastinating on an arrest warrant are exponential, so you must deal with a warrant as soon as possible to make your life easier. Courts are not lenient on those who intentionally evade a warrant, so do the right thing and get your legal process in motion.

What You Need to Do

As soon as you become aware of an arrest warrant, or even a bench warrant, your first step is to hire a licensed Indianapolis criminal defense lawyer. From there, your lawyer will manage all aspects of your arrest warrant, which will eventually involve your physical surrender to the jail. Although you will actually have to turn yourself in and be arrested, with a lawyer handling your case, you will not have to stay in jail very long. In most cases of arrest warrant surrenders, defendants are in and out in as little as one hour.

Where to Get Help With Your Arrest Warrant

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for help managing your arrest warrant in Indiana. Not only can he get you out of jail quickly, he will build a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

FAQS About Small Claims Court

Posted on August 9, 2019 by admin

When it comes to legally “righting” a wrong, the resolution can take place either in criminal or civil court. However, some offenses can be adjudicated in small claims court, such as minor infractions, negligence, restitution, and more. If you are confused about whether or not a particular crime or misconduct will be addressed criminally or civilly, your best course of action would be to talk to a licensed criminal defense lawyer in your city.

In the meantime, it will also help to understand small claims court better so you can decide where your particular legal matters might be resolved.

What is Small Claims Court?

Small claims court is just that; a court that rules on civil cases disputing small amounts of money. Some common examples of cases that are resolved in small claims court include eviction and landlord cases, traffic disputes, property damage disputes, and more. The dollar limit that defines a small claim is $6,000 or less. However, in Marion County, this increases to $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system.

Do I Need a Lawyer for Small Claims Court?

In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case. However, if you wish to be represented by a lawyer in small claims court, the law permits you to do so. In this case, your lawyer would handle everything on your behalf.

Can Anyone Sue in Small Claims Court?

In order to bring a case to small claims court, the state law mandates that you are at least 18 years old or emancipated minor, as well as, a U.S. citizen. Businesses, organizations, and other entities can also bring cases forth in small claims court. Contact your local small claims court clerks’ office for details on how to move forward with your case.

How Long Do I Have to File My Case?

Here in Indiana, the statute of limitations for small claims court is usually between 2 and 6 years. Check with your local small claims court clerks office for details on your specific case. See the Indiana Code Ann. § 34-11-2-1 et seq. to review the details of these deadlines.

How Do I File a Case in Small Claims Court?

Your first step is to acquire all the necessary paperwork and fill them all out. Part of this paperwork will include a “Notice of Claim” form. Then you will need to pay all of your court costs and filing fees, upfront. Contact the small claims court office in your county to learn exactly what you need to get your claim started.

What if I’m Facing Criminal Penalties in Indiana?

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Frequently Asked Questions About Defense Attorneys

Posted on February 22, 2019 by admin

If you are preparing to hire a criminal defense attorney, you are likely filled with a whole list of questions. After all, there are probably hundreds of defense lawyers to choose from in your town, making the task seemingly perplexing. On top of all of your choices, you also have the option of going with a public defender. So, in order to relieve some of your stress, start by reviewing some basic answers to questions others are asking about defense attorneys.

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.

Are All Criminal Defense Lawyers the Same?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under. You wouldn’t want a divorce lawyer fighting your theft charges, would you?

Is a Defense Attorney Better Than a Public Defender?

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.

How Much Does it Cost to Hire a Criminal Defense Lawyer?

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!

Where Can I Find a Skilled Defense Attorney in Indiana?

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

What to Expect From the Indiana Criminal Bail Bond Process

Posted on December 7, 2017 by admin

When you need to bail a person out of jail, there are several different processes and procedures that must take place, and these steps will vary depending on the type of criminal charges and more. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Post Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them.

It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birth dates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract.

They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

An Indianapolis Criminal Defense Attorney You Can Trust

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

What is a Preliminary Hearing?

Posted on October 2, 2017 by admin

Before a person is even charged with a crime, it is common for a preliminary hearing to take place between judges and prosecution to determine whether or not there is sufficient probable cause to believe that the person in fact committed the crime in question. Preliminary hearings are also used for other legal purposes, as uses vary among jurisdictions; however, they are mostly to determine if probable cause exists in a criminal case. Continue reading to learn more about preliminary hearings.

Criminal Defense Law Firm 317-636-7514

Preliminary Hearings

When law enforcement has good reason to believe that a person has committed a crime, this is called “probable cause.” For this reason, it is common for a preliminary hearing to occur before a person is charged with a crime. Essentially, preliminary hearings are the beginning of the indictment process for many criminal cases. Prosecution will build a case against a suspected defendant, and then bring it to a judge for approval to move forward with filing formal charges against the defendant.

If the judge agrees that there is enough probable cause, they approve the prosecution’s request to indict a person on particular criminal charges. Other times, preliminary hearings are held directly after a person’s arrest, but before charges are filed. These types of situations are eligible for expungement if a person was arrested but never charged with a crime.

It is important to know that law enforcement and prosecution do not have to prove that a defendant committed a crime; instead, they must only provide enough probable cause to convince a judge that the defendant has committed a crime and should be held in jail or restricted under bond. Here is an example:

A person is pulled over for erratic driving. Because the officer smells alcohol on the driver’s breath, they conduct a chemical test and a field sobriety test, which the driver fails. This evidence is presented to a judge at a preliminary hearing as probable cause that the defendant broke the law by operating a motor vehicle under the influence of alcohol. The judge agrees that the chemical test results show that the driver was operating a vehicle with a blood alcohol level higher than the state legal limit, and should be held over trial. As a result, the defendant moves forward in the criminal justice system.

In a preliminary hearing, it is possible for a judge to decide that there is not enough probable cause to file charges against a person. In this case, if a person has already been arrested, they are released from custody, whether that be jail or bond. If the person has not yet been arrested, nothing happens and no further legal actions are taken against them unless law enforcement finds more evidence to prove their case.

Check back next week to learn about the preliminary hearing process and procedure to finding probable cause!

Where to Find Aggressive Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor criminal charges by calling David E. Lewis, Attorney at Law, today!

The Do’s and Don’ts of Getting Arrested

Posted on June 26, 2017 by admin

Criminal Defense Law Firm 317-636-7514

Movies are a poor example of what an arrest looks and feels like to the person being detained. It isn’t easy to imagine what it’s like to be arrested unless you have experienced or witnessed it first-hand. But in the case that it could happen to you, it is wise to know how to behave in accordance with the law. The stress, fear, and anxiety that comes along with being placed under arrest can be overwhelming, but one wrong move or impulsive decision can tack on additional criminal charges that come with harsher penalties, like jail time and fines. Continue reading to learn how you should handle being arrested if it ever happens to you.

What to Do:

In the case that a law enforcement officers notifies you that you are being placed under arrest, it is vital to your future and freedom to remain calm and make good decisions. Here’s how to do that:

DO remain calm and stay where you are. If you are in a car, remain seated with your hands on the wheel or dashboard, unless the officer instructs you otherwise. If you are not in a car, simply remain in the position you were in, whether sitting or standing, unless the officer instructs you otherwise.

DO allow law enforcement officers to handcuff you and place you in their police vehicle. The handcuffs will be very tight, as they are designed that way for a reason, so don’t assume they are put on wrong. If you are cooperative and calm, the officer may allow you to be handcuffed from the front for a more comfortable position.

DO be polite and cooperative with all law enforcement and jail staff. Whatever they ask of you, be respectful. The more cooperative you are, the easier the entire process will be. Whether you think so or not, they want you out of there as much as you do, and they are just doing their best to make that happen. By remaining courteous and obedient, you gain trust and respect, which may get you more jail privileges for the time you are there. Keep in mind, you can be in jail for as little as one hour, to as long as 24, depending on traffic and cooperation.

DO call a criminal defense lawyer as soon as you are given an opportunity to use a phone. They can work with you over the phone to arrange a bail and get you released you from jail. Once you are out of jail, you can start working on your case with your lawyer. The sooner you contact your lawyer, to faster they can begin building your defense.

What NOT to Do:

DON’T flee. Never try to run away from police, or attempt to flee before being placed under arrest. If you are in a car, do not try and drive away. This is a huge no-no since it leads to more serious charges, harsher penalties, and jail time. It is never worth the trouble of running because they will eventually find you, and then you are in even more trouble than what you were originally.

DON’T be argumentative and disrespectful to law enforcement. Never talk back to police officers or argue with them in any way. Do not try to test them, bother them, talk over them, or persuade them. This will only get you in more trouble, and extend the amount of time the entire process of being arrested, processed, and bailed out of jail, takes.

DON’T be disobedient and difficult with police and jail staff. You should never disobey law enforcement when they are telling you what to do. DO not disagree with them or complain about anything. You are under their care and custody, and the best way to get out is to respect and accept the process.

DON’T wait for your court date in jail if you don’t have to. Do not miss the opportunity to get out of jail with the help of a licensed bail bondsmen. You could potentially wait weeks or months in jail before a judge can see your case. Never wait in jail when you can just call your lawyer and post bail. This is also beneficial because you get to await your court date from the comfort of your home and you don’t have to miss work.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

Choose The Law Office of David E. Lewis for Aggressive Criminal Defense Representation

Posted on April 4, 2017 by admin

No Other Criminal Attorney Will Work Around the Clock to Build You a Strong and Impactful Defense Against Your Indiana Criminal Charges.

Seasoned Criminal Defense in Indianapolis

Criminal Defense Law Firm 317-636-7514

The Law Office of David E. Lewis is your solution to avoiding the maximum penalties for your Indiana criminal charges. He is a seasoned criminal defense lawyer who retains extensive trial and litigation experience. But there is much more that separates himself from his industry competitors. For instance, his expert knowledge of criminal law, his sincere passion for helping those in need, and his commitment to maintaining affordable rates for everyone are just a few qualities that make the Law Office of David E. Lewis a top-choice for criminal
defense in Indianapolis.

The Crime Doesn’t Matter

Regardless of which criminal charges you face, there is never any judgement when you walk through our law firm’s doors. We strongly believe everyone is innocent until proven guilty. And you will be treated like part of the family as our client. But more importantly, you can trust Attorney David E. Lewis and our legal team to work non-stop in order to protect your rights and preserve your freedoms. Your best interests are a top-priority, and work hard to ensure they are defended.

Schedule a Free Consultation

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

Here at the Law Office of David E. Lewis, we gladly offer free initial consultations to discuss your criminal charges, the case against you, and the best strategies for defense. That means there is no out-of-pocket obligation to sit down with an experienced Indianapolis criminal defense lawyer and talk about your case. Just call 317-636-7514 and speak with one of our friendly and knowledgeable legal secretaries who can walk you through the consultation process effortlessly.