What You Should Do if Stopped By a Police Officer

When you are stopped by a police officer, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn more about police and civilian interactions, including how you should conduct yourself and how long police can detain you without making an arrest.

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

The Facts About Police and Civilian Interactions

Cops are allowed to stop anyone for a certain period of time without arresting them, 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. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What You Can Expect During a Cop Encounter

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may ask for additional documents, including vehicle registration, drivers’ license, car insurance, and title.

Remain Polite and Cooperative the Entire Time

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Never Lie or Argue With a Police Officer

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indiana criminal defense lawyer for help.

How to Fight Your Criminal Charges in Indianapolis, Indiana

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indianapolis, Indiana. As an experienced and accomplished criminal defense attorney, he will build you an impactful and aggressive defense to beat or reduce your sentence. Trust our Indianapolis criminal defense 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.

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Can My Civil Case Lead to Criminal Charges?

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

Indiana Criminal Defense
Indiana Criminal Defense 317-636-7514

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. 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.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
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Important Bail Bond FAQS to Review Before Hiring a Lawyer

If you are ever faced with a legal situation that requires you to bail a loved one or yourself out of jail, it is important to have a basic understanding of what to expect. Bailing a friend or loved one out of jail can be frustrating and stressful if you are not prepared, and can even come with some stiff penalties if you fail to uphold your end of the bargain. So, if you have to bail a loved one out of jail, or surrender to an arrest warrant, it is helpful to first read through some common questions and answers about the bail bond industry. Then you can make a call to a criminal defense lawyer to set up a plan after you or your loved one is released.

Continue reading to review the most frequently asked questions about bail bonds.

Bail Bonds Lawyer Indianapolis Indiana
Bail Bonds Lawyer 317-636-7514 Indianapolis Indiana

How Much Does a Bail Bond Cost in Indiana?

This is one of the first questions a person asks when they need bail services. This fact is not surprising, considering it is a huge influence on whether or not bail is an option for someone. Currently in the state of Indiana, bail bond agencies are allowed to charge 10 to 15 percent of the total bond amount assigned by the court to the defendant. If a person were arrested on a minor drug possession charge, their bond could be set at around 5,000 dollars. This is just an example and not accurate. Bond amounts are calculated by examining a person’s criminal history, flight risk, and other variables. It is different for everyone.

Theoretically, if a person’s bond were five thousand dollars, a bail agent charging ten percent would require a fee of 500 dollars.  This ten or fifteen percent fee is non-refundable, but it allows a person to get out of jail before their scheduled court hearing without having to pay the entire $5,000 fine. If they fail to appear for court, they forfeit the rest of the bond amount and a warrant is issued for their arrest.  At that point, they are a repeat offender and may have trouble gaining bail for a second time. This leads into the next question.

Can a Bail Bond Company Refuse Service to Someone?

The answer to this dual question is yes, both ways.  Bail bond agents are a separate business, and can refuse their services to anyone, just as any other privately owned business can. The reason a bail bond company may refuse service to a person is mostly based on their likelihood to flee and not appear for their scheduled court hearings. On top of that, they take into consideration past criminal records and charges, just as the court does when they set a bond amount. If a person seems like a risky client, they will refuse service in order to protect themselves. 

Are Bail Bondsmen Bounty Hunters?

No, bail bond agents are not bounty hunters; especially the ones depicted on television. Bail bond agents are a legal service company that provides helpful assistance to people in need of bail. Bounty hunters are persons who work on their own volition to seek out fugitives and hand them over to the police. In some cases, a bail bondsman can hire a bounty hunter if one of their clients skips out on a court date. 

Do I Need a Lawyer to Obtain a Bail Bond?

A lawyer has the role of defending your criminal charges. Their job is to build an impactful defense on your behalf so you can avoid the maximum penalties for your suspected crimes. Although they can arrange bail for you, but they will not be your surety. What they can do in terms of bail is coordinate with your friends and family to arrange a bail bond agreement and act as your surety to get you out of jail. For this reason, you do not need a lawyer to post your bail, or even surrender to an arrest warrant. However, if you are turning yourself in for a warrant, it helps to have your lawyer on board, prior to doing so. They can help expedite the process, and even make the arrangements on your behalf.

Where to Get Trusted Legal Advice Regarding Your Recent Arrest and Criminal Charges in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis criminal defense attorney, David E. Lewis regarding your arrest and criminal charges. He will stop at nothing to protect your rights and preserve your freedoms after being charged with a crime in Central Indiana. 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.

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Will I Get Probation for a Misdemeanor Conviction?

Crimes are not all alike. Although morally wrong, crimes range in severity from minor infractions to major ones. This is why the law breaks down crimes into two categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the worse of the two, including major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses.

Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties. This is why it is vital to retain the service of an experienced criminal lawyer for the best chance at reducing or dismissing misdemeanor charges in the case that you are ever charged with a crime. Often times, and especially for first-time offenders, lawyers can get lesser felony crimes reduced to misdemeanors. One of the most common penalties for misdemeanor crimes is probation.

Continue reading to learn the basics surrounding misdemeanor crimes and probation, and who to turn to if facing such charges.

Misdemeanor Lawyer Indianapolis Indiana
Misdemeanor Lawyer 317-636-7514 Indianapolis Indiana

Misdemeanor Classes

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanor Penalties

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines, complete a certain amount of community service hours, serve probation, and possibly pay restitution. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense. Probation is generally between 3 months and one year for misdemeanants.

Misdemeanor Probation

Terms of probation can include, but is not limited to, regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time. It is critical to the sake of your freedom and your rights to obtain the services of a licensed criminal lawyer if ever charged with a crime of any level.

Where to Find a Skilled Defense Lawyer in Indianapolis, Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your misdemeanor crimes 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 Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

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The Importance of Witness Depositions in a Criminal Case

One of the most important strategies to be skilled at as a criminal defense attorney is attacking the prosecution’s case against their client. After all, the whole purpose of hiring a private defense lawyer is to avoid the maximum charges and penalties. One way a skilled criminal defense lawyer will do this is through witness depositions. As someone facing criminal charges, you might not think twice about the influence and effect of your case’s depositions. But the truth is, they are vital to the overall protection of your rights and preservation of your freedoms.

Continue reading to learn some facts about depositions, including why they are so important in a criminal case.

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Deposition Lawyer 317-636-7514 Indianapolis Indiana

Testimonial Evidence

There are two main types of evidence submitted in a criminal defense case, both of which are equally important: physical evidence or testimonial evidence. During the discovery process, the state submits all evidence they intend to use against the defendant. This evidence can be either physical, testimonial, or both. However, often times the state lacks sufficient physical evidence, and therefore, heavily relies on any eyewitness testimony they can get their hands on. For this reason, witness depositions are very critical to the defense’s case as well.

Witness Depositions

Depositions are witness statements given under oath; the same oath anyone would take at trial or before taking the stand in court. It is a legally-binding oath that can render legal consequences if broken. Anyone who lies under oath commits the crime of perjury, which can be charged as a felony offense. Most often, depositions take place in a conference room, rather than a courtroom. Parties present during a deposition include the defense lawyer, the eyewitness, the prosecutor, and a court reporter.

Criminal defense attorneys want to make sure that the witness is credible, and will do so by conducting a series of questions during the deposition. Not only does this give a criminal defense lawyer insight on how the eyewitness might behave on the stand, it also allows them to learn the subject matter of their testimony, which in turns gives them a head start on developing a defense to attack the credibility of the witness at trial.

Credibility in Court

When an eyewitness takes the stand, their statements are not the final word. Judges and juries must find that the witness is credible, and will do so by considering various factors, such as:

✏ Their behaviors while testifying.
✏ Their relationship with the involved parties.
✏ Their personal interests, biased opinions, or prejudices.
✏ Their ability and opportunity to witness the crime.
✏ Their overall knowledge, maturity, and life experience.

Are you preparing to be a witness at trial? Read our blog, “Proper Conduct for a Trial Witness” to learn what you need to know.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer 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 build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
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Can I Get Arrested For Not Paying My Taxes?

Tax Day is soon approaching, whether you are ready for it or not. Fortunately, with the recent government extensions granted to United States citizens, you will likely be well-prepared to pay your dues. But what happens to those who do not? After all, the old saying, “the only two things promised in life are death and taxes” is an adage for a reason. There are various consequences for failing to pay state and federal taxes, and similarly, consequences for lying on tax documents.

Continue reading to learn the laws surrounding tax crimes, including what to do if you have legal questions regarding your tax situation.

Indianapolis Fraud Lawyer 317-636-7514
Indianapolis Fraud Lawyer 317-636-7514

State and Federal Tax Fraud in Indiana

Intentionally not paying or under-paying your taxes, whether state, federal, or both, is a white collar crime in Indiana. Referred to as tax fraud or tax evasion, it is generally charged as a Class A Misdemeanor or Level 6 Felony.

Class A Misdemeanor – Up to 1 year in jail, with no advisory sentence. Fines up to $5,000, not including court or lawyer fees.

Level 6 Felony – Six Months to 2.5 years in jail, with an average of 1 year. Fines up to $10,000, not including court or lawyer fees.

Made Some Mistakes on Your Tax Documents?

Do not worry if you unknowingly made some errors on your tax documents. Tax mistakes are not considered tax fraud unless they are egregious or intentional.

Lying on Tax Forms

Often referred to as “cooking the books” in old gangster movies, lying on tax forms for the purpose of evading dues, defrauding the state, or receiving pecuniary benefits, is a very serious white collar tax fraud crime. It is charged as a Level 6 Felony, which is penalized by six months to 2.5 years in jail, with an advisory sentence of 1 year, and fines up to $10,000, not including court or lawyer fees.

Restitution or Jail?

In minor cases, or cases of first time offenders, courts might agree to do away with jail time if a defendant pays back the money they owe, plus any fees tacked on for late payment. Paying back taxes is referred to as restitution, and it is a common plea deal awarded in court. In order to be given the option of restitution over jail time, you must have a skilled criminal defense lawyer working your case. Otherwise, you are subjected to being sentenced to the maximum penalties for your crime.

Trust an Experienced Indiana Fraud Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana fraud charges, today. Whether charged with fraud or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

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Am I Eligible for a Hardship Drivers License in Indiana?

After having your driver’s license suspended, life changes quite a bit. You never truly realize how much of a privilege it is to be allowed to drive a car. For that reason, you are likely very motivated to earn your driving privileges back, or at least be approved for an alternative, probationary driver’s license, also known as a hardship license.

Continue below to learn more about Indiana hardship driver’s licenses, how to determine if you qualify, and where to get started if you do.

Indiana Driver's License Lawyer 317-636-7514
Indiana Driver’s License Lawyer 317-636-7514

Suspended Driver’s Licenses

The Indiana Bureau of Motor Vehicles (BMV) suspends licenses for several reasons. Most often, they suspend driver’s licenses for habitual traffic offenses or being cited for reckless driving, which includes driving on a suspended license, driving without insurance, and leaving the scene of an accident. However, the BMV will also suspend licenses for OWI convictions, drug convictions, not paying child support, failing to appear for court, failing to pay BMV fines, and much more. Generally, driver’s licenses are suspended up to one year, but can be suspended even longer under certain circumstances. For this reason, it is important to retain professional legal counsel to protect your rights and preserve your freedoms.

Indiana Hardship Licenses

For standard drivers, losing driving privileges can be incredibly inconvenient and dispiriting. For those who rely on a driver’s license to earn an income, it can pose a very traumatic ripple of effects in both personal and professional life. Regardless of why you rely on your driving privileges, it is in your best interest to get your license back as soon as possible. One such alternative offered in Indiana for those with a suspended driver’s license is known as a hardship license. A hardship license, also known as a probationary driver’s license, is a provisional license that allows you to drive under strict and specific terms and conditions. The primary benefit of a hardship license is that it gives you permission to drive to important places, such as school, work, or medical appointments. 

Qualifying for a Probationary License

Not all individuals qualify for a hardship license, as there are several prerequisites that one must meet to be considered eligible. But there is some good news; back in 2015, on January 1, Indiana’s hardship license law went into effect. Since then, many more individuals have become eligible for a hardship license. This means, if you did not qualify for one before, you might qualify now! See our blog, “Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License” to learn more. Then contact a skilled Indianapolis criminal defense lawyer for help determining your eligibility and submitting your petition!

Call David E. Lewis, Attorney at Law in Indianapolis

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
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FAQS Regarding Indiana Handgun Appeals

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Were you recently denied a permit to carry a concealed weapon in Indiana? If so, you probably have a lot of questions. Below you will find a list of the most frequently asked questions about Indiana handgun appeals and procedures.

Review each question for a better understanding of what to expect during your petition process. Talk to a trusted criminal defense attorney for help with your handgun permit appeal.

Do I Need a Lawyer to Appeal?

You are free to represent yourself when appealing a concealed carry permit denial. However, the law and legal process is often tricky. It takes acute knowledge and experience to know how to carefully navigate a handgun permit appeal. For this reason, it is best to hire a criminal defense lawyer for help filing your petition.

How Long Do I Have to Appeal My Permit Denial?

In Indiana, you have 60 days to file for an appeal if you are denied a concealed carry permit. Within this 60-day period, you must fill out and submit all the necessary documentation and paperwork, as well as, pay the fee required by the courts.

Can I Re-Apply If I Miss My 60-Day Window?

Yes, you can re-apply your appeal if you miss the initial 60-day time frame. Simply re-apply and pay the courts. If you previously paid a filing fee, the money will be refunded to you.

How Long Does the Process Take?

The amount of time it takes to complete the appeals process all depends on the complexity of the case. For easy appeals, an experienced criminal attorney can usually secure a permit within 60 to 90 days, sometimes sooner! However, for moderate to complex cases, it could takes several months and even up to a full year to complete.

What Do I Do if I Was Denied Because of a Mental Health Issue?

Unfortunately, these are often the most challenging cases to appeal. With all the recent cases of mass shooting, and the history of violent crime, law enforcement and governments are hesitant to grant carry permits to those officially diagnosed with a mental health disorder. Talk to a criminal attorney to discuss your options.

Are Federal and State Standards for Handgun Permits Different?

Yes; the standards for granting concealed carry handgun permits differ between state and federal levels. This means you might be approved for a state-level permit, but not approved for a federal level one.

Why Was I Denied a Permit After My Old One Expired?

A new software program is now used that retrospectively evaluates existing permit holders’ eligibility. Some permit holders are denied permit renewal or lifetime permits because of new evidence found on their permanent record.

Indianapolis 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 help appealing a concealed carry permit denial in Indiana. Based out of Indianapolis, his criminal defense law office is conveniently located and open Monday through Friday by appointment. We offer free initial consultations to discuss your criminal defense needs. Call 317-636-7514 to schedule your appointment with a licensed Indianapolis criminal defense lawyer you can trust.

Examples of Unlawful Search and Seizures

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their 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. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN 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.