How to Find Good Indianapolis Criminal Defense Attorney

Posted on December 7, 2021 by admin

The most important job you have as a person who is facing criminal charges in Indiana is to hire a good defense lawyer to represent your case. The right attorney will make all the difference when it comes to your criminal case outcome. If you want any chance at avoiding the maximum penalties for your charges, you must hire a private criminal lawyer. Not sure how to choose among all the local law firms?

Continue reading to learn how to find a good Indianapolis criminal defense attorney you can trust and afford.

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Not All Criminal Law Offices are Alike

When you begin your search for Indianapolis criminal law offices, you will find that there are plenty of options to choose from. But beware that not all criminal law offices are alike. It is important to find a criminal defense attorney who has the accolades and achievements that support their ability to obtain the best possible criminal case outcome. When narrowing down your search, look for law firms or lawyers who have experience, community establishment, client testimonials and case results, and much more.

This workload may feel overwhelming to you, so as a start, focus on these top considerations when searching for Indianapolis, defense attorneys:

Experience

Experience means all the difference in the industry of law. Not only is criminal law extremely complex, but it is ever-evolving. This includes the various members of magistrate, courtroom officials, jail staff, and more. For this reason, an experienced criminal defense lawyer will be more capable of rendering better case results, such as dismissal of jail time or sentence reductions, compared to a lawyer who has just started out.

A reputable and trusted Indianapolis criminal defense law firm will have at least 10 years of experience. In addition to experience, you want to also identify community establishment. You do not want to hire a lawyer who has relocated offices multiple times over the course of a few years. This can signify instability.

Client Testimonials and Case Results

After you have confirmed that a law office has the experience you are looking for, your next focus should be their client testimonials and case results. Knowing what previous clients have posted about their experience working with a particular lawyer can tell you a lot. Knowing the outcome of the cases they’ve represented before can tell you even more. Keep in mind that case results do not need to be extravagant to prove a lawyer’s skill. Case results should show improvement, not pardons and dismissals.

Attorney Pricing and Payment Arrangements

Private criminal defense attorneys are not free, nor do they all charge the same. But that does not mean you have to overpay for criminal defense. When performing your search for criminal defense law firms in Indianapolis, place attorney pricing at the top of your priority list. You must be fully-informed of a lawyer’s hourly rates, related fees, and any other costs you might incur as their client. Furthermore, it is important to discuss payment plans and arrangements in full transparency. If a lawyer seems like they do not want to talk much about pricing, it may be a sign that they charge too much or use unethical business practices.

Would you like to skip the stressful task of looking for the right crime lawyer for your case and go straight to a trusted professional in Indy? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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What to Expect if Your Indiana Criminal Case Was Suspended

Posted on November 19, 2021 by admin

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.

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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!

When Will I Make a Plea in My Criminal Case?

Posted on November 5, 2021 by admin

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.

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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.

What Happens if I Violate My Probation in Indiana?

Posted on October 22, 2021 by admin

You are on probation because the courts decided you do not need to be in jail to serve out your criminal sentence. Although you are not in jail, being on probation has many restrictions and rules. Breaking any of these terms and conditions of probation will lead to a probation violation. What happens if you violate your probation in Indiana? Continue reading to learn what you need to know about violations of probation.

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After a Probation Violation

Once you are assumed to have violated the terms of your probation, the overseeing probation officer assigned to your case will notify the courts. Then a probation violation hearing will be scheduled. If you are on probation for a felony conviction, an arrest warrant will be issued to take you into custody as soon as possible.

Law enforcement will come to your house or place of employment. If you were convicted of a lesser criminal offense, such as a misdemeanor or infraction, you will likely just be notified of the hearing and expected to arrive on time.

Probation Violation Hearing

At the probation violation hearing, the judge will decide whether to revoke your probation and place you in jail, prolong your probation, or dismiss the violation altogether. Either way, if you are ever in violation of your probation, it is critical to hire an Indianapolis criminal defense lawyer immediately.

During the hearing, prosecution will use all sorts of legal tactics to prove that you in fact violated the terms and conditions of your probation. Prosecution simply needs to prove their case with a preponderance of the evidence, which is a legal term that basically means they have enough proof to show you are more likely than not in violation of your probation.

Determined to Be in Violation

If prosecution is successful and the court decides you have in fact violated your probation, your probation sentence could be revoked, and you could be sent to jail. The amount of time you’ll be sentenced to jail will depend on the Indiana sentencing guidelines for the particular offense you are convicted of.

With a skilled Indianapolis Indiana criminal defense attorney, you can feel confident that jail time will not be an end result to your probation violation hearing. An experienced lawyer can build an impactful case against your probation violation charges and negotiate a more lenient sentence on your behalf. They may even be able to throw your violation allegation out of court altogether.

Are you looking for a criminal defense law firm to help you beat your probation violation in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for probation violations in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

Top FAQS About Criminal Search and Seizures

Posted on October 8, 2021 by admin

Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.

Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.

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Frequently Asked Questions About Search and Seizures

Does Our Fourth Amendment Right Protect Us Against Illegal Searches?

The 4^th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.

Can a Cop Search My Property Without My Permission?

Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.

Can I Refuse or Resist a Search?

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4^th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

How Do I Know if a Search Warrant is Valid?

There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.

Can a Cop Read My Text Messages and Mail?

Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.

Are you facing criminal charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

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Can I Request a Motion to Suppress in My Criminal Case?

Posted on September 7, 2021 by admin

After being arrested and charged with a crime in Indiana, your main focus will likely be on defending yourself against such charges and avoiding the maximal penalties if ultimately convicted. The most effective way of achieving this goal is to hire a skilled Indianapolis criminal defense lawyer. As you and your trusted attorney dive deeper into building and impactful defense against your criminal charges, you are bound to come a common legal strategy known as a motion to suppress. Because being granted a motion to suppress can significantly improve the outcome of your case, you probably want to know more about it, including when it can be applied during your trial.

Continue reading to learn more about motions to suppress, and when your lawyer might decide to use it in your criminal case.

Facts About Motions to Suppress

A motion to suppress is a strategic defense tactic used to keep certain types of evidence unavailable during the criminal justice process. Basically, defense attorneys in Indianapolis will request a motion to suppress as an attempt to conceal evidence that can lead to a guilty conviction. Upon being granted a motion to suppress, even the strongest or most damaging evidence is prohibited from being interred as evidence in the criminal case. So, you can see why this can be such beneficial defense strategy.

When is a Motion to Suppress Granted?

It is very rare to be awarded a motion to suppress in criminal court because there are only a few circumstances that qualify for approval. If evidence is obtained illegally or is in violation of a defendant’s state or federal rights, a motion to suppress is usually granted on behalf the defense. If you were to be granted a motion to suppress, it would happen during your criminal trial.

How is Evidence Obtained Illegally?

There are many ways evidence can be obtained illegally, but the most common way this type of criminal injustice occurs is when a defendant’s first language is not English, and they were not given a translator at the time of their interrogation or criminal questioning. Another way evidence can be obtained illegally is if a defendant was intoxicated at the time they confessed to their suspected crimes. Having a mental disability can also be considered an illegal retrieval of evidence in the case of the confession or interrogation.

Are you currently looking for criminal defense, or believe that the evidence being used against you was obtained illegally? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense in Indianapolis, Indiana. Our esteemed criminal defense attorneys represent juveniles, minors, and adults all throughout the state of Indiana.

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Use These 3 Tips to Avoid Being Pulled Over By a Cop

Posted on August 11, 2021 by admin

Nobody wants to be pulled over by the police, whether for a routine traffic stop or a drunk driving offense. To avoid being pulled over by police, there are some certain things you can do. Continue reading to learn the top three ways you can prevent yourself from being stopped by a cop, as well as what to do if you were recently pulled over and charged with an offense in Indiana.

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Your Rights During a Police Stop

Law enforcement officers are not permitted under law to stop just anyone they want at any time for no reason at all. They must have probable cause to stop and question a person for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges.

This violates our constitutional right against unreasonable searches and seizures. To arrest them, they must have probable cause or a warrant. So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors.

How to Be a Non-Target for Law Enforcement

As for pulling people over, law enforcement’s top priority is to ensure the safety of all drivers and passengers on the road. Mostly, they are looking for intoxicated drivers, drug traffickers, reckless speeders, and similar offenders. Whether you are doing something illegal or not, in order to avoid being arrested or cited for a traffic offense, follow these three important tips:

❶ Stick to Your Car’s Routine Maintenance Schedule

One of the most common reasons for being pulled over unexpectedly is for automotive defects like a dimmed taillight, broken turn signal, or some other type of illumination or equipment defect. In many cases, a minor traffic offense leads to additional officer suspicions, thus resulting in additional charges like DWI’s, drug possessions, suspended license, and more.

So, be sure to stay current on all scheduled car maintenance according to your car’s owners’ manual. This will prevent your vehicle from experiencing any sort of unanticipated equipment malfunctions or automotive defects that can lead police officers to pulling you over. For instance, if your head or taillights are not illuminated brightly enough, law enforcement will be inclined to pull you over insight you.

❷ Stay Compliant With All Local and State Regulations

It is also very common to be pulled over if your plates or driver’s license is expired, or if you have not renewed the license plate stickers. Furthermore, if the cop runs your plates and learns that your vehicle is not properly insured or registered, they will also pull you over. So, to avoid being pulled over for these minor infractions, it is wise to ensure that you are always in compliance with all local and state automotive regulations.

❸ Drive Mostly in the Daytime

If you restrict the majority of your driving during the daytime only, you can avoid being pulled over by police significantly. Not only can you see police officers better, but you can also see the roads better, which can reduce your chances of making any driving errors or traffic mistakes that bring attention to you.

Were you recently pulled over and arrested for a crime in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Our legal team specialize in DUI charges, drug possession crimes, drugged driving charges, and similar criminal traffic offenses. Consultations are free so act now and get started on your defense today!

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Top Indiana Criminal Law Facts Everyone Wants to Know

Posted on August 6, 2021 by admin

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

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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Common Types of Property Crimes and Penalties in Indiana

Posted on August 3, 2021 by admin

There are several different types of property crimes that one can commit here in Indiana. From vandalism to arson, and many in between, Indiana does not take such offenses lightly. If you or someone you love was recently arrested or indicted on property crime charges, it is vital to hire a criminal defense attorney as soon as possible to protect your rights and preserve your freedoms.

In the meantime, continue below to review some of the most common types of property crimes in Indiana and the penalties that generally follow if convicted.

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What is a Property Crime?

A property crime is any type of intentional or unintentional act of destruction or theft to a private or public premises. In Indiana, they are punishable on a wide scale depending on circumstances and details of the crime, from Class C Misdemeanors to Level 1 Felonies.

☛ See Sentencing Guidelines for Indiana

Here are the most common types of property crimes in Indiana:

Theft

Also called larceny, theft crimes are any acts of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property. Theft convictions range from Class A Misdemeanors to Level 5 Felonies depending on the value of stolen items and various other details.

Shoplifting

Shoplifting is a type of theft crime in which a person intentionally conceals merchandise from a retail store without any intention of paying for it. Putting a book in your inside jacket pocket or a necklace in your purse at a store so that you can walk out without paying for them are examples of shoplifting. Shoplifting sentences depend on the total value of the items, but they commonly range from low level infractions to Class A Misdemeanors. In more serious cases, shoplifting charges can be Felonies.

Burglary

Burglary is another subcategory of theft. Different from robbery, which involves the use of a weapon, burglary is the act of unlawfully and forcibly entering a house, building, or enclosed structure with the intent of stealing property or possessions. It can also be unlawfully entering a house or enclosed structure for the purpose of committing another type of illegal act. Like most theft crimes, the charges for burglary can range from low misdemeanors to high felonies depending on the circumstances of the crime.

Robbery

Robbery is the crime of burglary and theft all in one, but with the use of a deadly weapon, force, or threat of force. Commanding a cashier to hand over all of the money in the cash register while showing them a gun on your belt would be the crime of robbery. Robbery is a serious theft crime, so it comes with much higher charges and penalties, usually Felonies.

Arson

Arson is the crime of intentionally setting fire to or burning a house, building, structure, or area of property such as a forest or park. If someone commits the violent crime of arson, and as a result, someone suffered bodily injury, the level of punishment drastically increases, as do the subsequent penalties upon conviction. Minor cases of arson, usually with juveniles, result in Misdemeanors, while more serious crimes of arson are charged as felonies.

Vandalism

Vandalism is a very common crime that can be as minor as writing your name in marker on the bathroom stall to graffitiing an entire building façade with spray paint. Any act that degrades, devalues, destructs, defaces, damages, or destroys a property is considered a crime of vandalism. Like most property crimes, the level of punishment depends on the severity of the crime and total value of damage. Sentences range from low-level infractions to Level 5 felonies.

Are you facing criminal charges for one of these types of property crimes in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation for theft crimes in Indianapolis, IN today.

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FAQS About Being a Witness in a Criminal Case

Posted on July 28, 2021 by admin

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

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

Frequently Asked Questions About Trial Testimonies

What To Do After Receiving a Subpoena

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

How Can I Be a Good Trial Witness?

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

Can a Child Be a Witness in a Criminal Case?

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

Can I Get Immunity For Being a Witness?

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

Can I Be a Witness in My Own Criminal Case?

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

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

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