Top Tips for Indiana Criminal Defendants

Posted on April 24, 2024 by admin

Navigating the legal landscape as a criminal defendant is a daunting challenge, one fraught with complexities, uncertainties, and high stakes. For residents of Indiana facing criminal charges, the path to justice is lined with crucial decisions that can profoundly impact their freedom and future. If you’re among the many Hoosiers grappling with the legal system, equipping yourself with knowledge and a strategic approach is paramount.

In this comprehensive guide, we will explore top-tier strategies tailored for Indiana criminal defendants. These are the pillars that fortify your legal defense and engender better odds in your interaction with the judiciary. From understanding your rights to selecting the right representation, we’ll dissect the actionable steps necessary to weather the legal storm.

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Know Your Rights as a Criminal Defendant

Understanding your rights is tantamount to self-advocacy in the criminal justice system. The state of Indiana ensures certain fundamental rights for individuals facing criminal charges, and being aware of these protections is critical to your defense.

Asserting and Protecting Your Rights

The right to remain silent, the right to an attorney, and the presumption of innocence are cornerstones. When confronted by law enforcement, calmly asserting your right to remain silent until counsel is present can prevent self-incrimination. Additionally, if your rights are violated during the arrest or investigation, legal recourse may be available.

Rights at Different Stages of the Legal Process

It’s also essential to recognize that these rights extend beyond the point of arrest. From arraignment to trial and appeal, you’re entitled to certain protections. Familiarize yourself with the process to recognize when these rights come into play, and act decisively to uphold them.

Hire the Right Attorney

Your choice of legal representation can be the linchpin in the outcome of your case. Selecting the right attorney is one of the most critical decisions you’ll make.

Criteria for Selection

Look for a criminal defense attorney with a proven track record in Indiana. Experience with cases similar to yours, a solid understanding of Indiana law, and a history of successful outcomes are key factors to consider. It’s also imperative that you feel comfortable with your attorney and confident in their abilities.

The Impact of Legal Representation on Case Outcomes

A skilled attorney can negotiate reduced charges, secure bail, and mount a formidable defense in court. They can also provide valuable counsel, ensuring that you make informed decisions throughout the legal process. Remember, your attorney is your advocate, and their experience can be a potent asset.

Understand the Legal Process

Familiarizing yourself with the legal process in Indiana arms you with realistic expectations and allows you to chart a course alongside your legal team.

Typical Criminal Case Process in Indiana

From the initial charge to sentencing, the process unfolds in a series of steps. Preliminary hearings, motions, trials, and appeals can follow distinct timelines and procedures. A comprehensive overview will clarify the scope of the process and the factors that may influence its progression.

Key Milestones and Expectations

Knowing what to expect can alleviate anxieties and focus your attention where it’s most needed. For instance, the role of grand juries in felony cases, the different types of hearings, and the nuances of trial procedures are vital components to have a grasp of as you move forward.

Prepare for Court

Preparation is the key to a robust defense. Working closely with your attorney, you should be thoroughly prepared for all court appearances and legal proceedings.

Steps for Effective Preparation

This includes reviewing the case in detail, understanding the evidence against you, and formulating a strategic defense. Practice answering questions that may be posed on the stand and anticipate the prosecution’s argument. Preparation also extends to arranging for witness testimony, if relevant, and ensuring they understand their role in the process.

Importance of Communication and Evidence Gathering

Effective communication between you and your attorney is essential. They’ll need to know all the details of your case to build a compelling defense. Gathering evidence, such as alibis or character references, in a timely manner can be pivotal and may involve collaborating with private investigators or other experts.

Personal Conduct Guidelines

Your conduct can influence the perception of the court and have ramifications for your case.

Conduct in and Out of the Courtroom

Follow decorum and respectful behavior during all court proceedings. Additionally, avoid any activities that could reflect poorly on you, as your behavior can be subject to scrutiny by the prosecution and judge. This includes abstaining from any actions that could lead to further legal trouble.

Maintain a Positive Image

A positive image can mitigate the impact of negative allegations and bolster the defense’s credibility. Engage only in activities that reinforce your standing and, if applicable, seek avenues to show contrition and rehabilitation where warranted.

Stay Informed and Engaged

Criminal cases often feature unexpected turns, and staying abreast of all developments is crucial for an effective defense.

Importance of Clarity and Proactivity

Seek to understand all the details of your case and be proactive in supporting your attorney’s efforts. This involves reviewing all case materials and legal documents, and actively participating in your own defense. Recognize that your actions can significantly influence the strategies and outcomes pursued by your defense team.

Proactive Defense and Support Structures

You can further your cause by establishing support structures, liaising with family and friends, and maintaining a network of advocates to help disseminate information and ensure your needs are met. Educate those in your support network on the nuances of your legal situation to garner informed and useful assistance.

Conclusion

In conclusion, for Indiana criminal defendants, the quest for justice is laden with challenges but also filled with opportunities to assert your rights. By adhering to these top tips, you’re fortifying your position and empowering yourself to contribute meaningfully to your defense. Remember, you are not alone in this fight, and the more engaged and informed you are, the brighter the beacon of hope shines.

Take these guidelines seriously, align your actions with the counsel of seasoned advice, and take the proactive steps that spell the difference between mere participation and decisive contribution to the pursuit of a favorable outcome. In the end, the narrative of your defense is one that is co-authored by your choices, your legal team, and the structures you put in place to support your strategy. Ensure it’s a story replete with resilience, agility, and the unerring pursuit of fairness.

Should you find yourself in need of further guidance or legal counsel, don’t hesitate to seek professional advice. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case!

Navigating the Discovery Phase in a Criminal Trial

Posted on April 5, 2024 by admin

The criminal justice system can be daunting for anyone facing charges, but understanding the process is key to mounting a strong defense. One of the most crucial stages in a criminal trial is the discovery phase. In this blog post, we’ll reveal what the discovery phase is, what it entails, and why it is vital for both the prosecution and the defense. Whether you’re involved in a criminal trial or just interested in the complexities of the legal system, this guide will provide a deep insight into a crucial aspect of the process.

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The Progression of the Discovery Phase in a Criminal Trial

The discovery phase is an essential part of the pre-trial process in which both the prosecution and defense disclose evidence that is relevant to the case. It’s a stage where the truth begins to come to light and where the foundation for the trial is often set.

Who’s Involved?

The key players in the discovery phase include the prosecutor, or Assistant District Attorney (ADA), and the defense attorney, often accompanied by the defendant. Together, they work through the discovery process in a way that complies with the legal statutes pertaining to such disclosure.

Why Does it Matter?

For the prosecution, the discovery process assists in building a solid case, ensuring that all necessary evidence is gathered, and the case can proceed to trial with as few surprises as possible. On the flip side, the defense depends on the discovery phase to understand the allegations against their client and to gather evidence and testimony that could exonerate them.

Types of Evidence Disclosed in Discovery

In a criminal trial, several types of evidence must be disclosed as part of the discovery process. These generally include:

Material Evidence – This includes any evidence that may be used at trial, such as physical objects or documents that are relevant to proving or disproving the offenses charged. This could range from DNA samples to security camera footage.

Witness Statements – Any witness who has provided a statement to law enforcement that may be used at trial must have their statements disclosed to the defendant. It is crucial for the defense to know the details of these statements to prepare proper cross-examination techniques.

Expert Witness Disclosures – Any experts who may be called to testify by the prosecution or defense need to be disclosed. This allows the opposition to fully assess the credibility and weight of opposing testimony.

Defendant’s Statements – The defendant’s own statements are often used in discovery and can be some of the most important evidence in a case. It’s crucial for the defense to fully understand the nature of any statements made by their client to law enforcement or others involved in the case.

The Importance of the Discovery Process

The discovery process serves several critical purposes in the criminal trial process:

Ensuring a Fair Trial

By disclosing all evidence and information that will be used at trial, the defendant is given the opportunity to properly defend themselves. This is a fundamental part of ensuring that justice is served and that the defendant’s constitutional rights are protected.

Opportunities for Case Evaluation and Negotiation

The discovery phase often provides a chance for both parties to evaluate the strength of the case. This can lead to negotiations for plea bargains or settlements, potentially circumventing the need for a trial.

Building a Solid Defense or Prosecution

For the defense, the discovery process is where a significant amount of work for the trial is done. It allows the defense team to gather evidence, secure witnesses, and create a compelling defense strategy. For the prosecution, it provides insight into what they are up against and can guide in securing the most important and admissible evidence for trial.

Navigating the Discovery Process

Understanding how to handle the discovery process can be daunting. This is where a knowledgeable criminal defense attorney is indispensable.

The Role of a Criminal Defense Attorney

A criminal attorney is not only experienced in navigating the complexities of discovery but also knows how to use it to their client’s advantage. They work diligently to gather the necessary evidence and understand the implications of the evidence disclosed by the prosecution.

Defendant Advice for Discovery

Defendants should always follow the advice of their attorney concerning the discovery process. It is important to be as forthcoming as possible with your legal counsel to ensure they have all the necessary information to mount an effective defense.

Key Takeaways

The discovery phase is the heart of any criminal trial. For the accused, it can mean the difference between freedom and a criminal conviction. By understanding this crucial phase, you can take an informed and active role in your defense or show support for those navigating the treacherous waters of the criminal justice process.

If you or someone you know is involved in a criminal trial, seeking legal advice should be a top priority. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. We will get the best possible outcome for your criminal case!

The Weight of Evidence: Understanding the Burden of Proof in Criminal Cases

Posted on April 3, 2024 by admin

Navigating the legal labyrinth of a criminal case can be among the most daunting experiences for defendants, their families, and anyone personally affected by the justice system. Understanding the burden of proof is not just a legal jargon; it’s a fundamental concept that shapes the narrative of a trial and the fate of those involved.

For many, the first real encounter with the daunting nature of a criminal charge is the realization that proving innocence is not the primary concern—rather, it is the state’s daunting task to prove guilt. This fundamental aspect of criminal law strikes at the very heart of due process and serves as a beacon of hope for those fighting to clear their name. Through this blog, we’ll examine the burden of proof, unraveling what it means for the accused, and revealing how it can shape the outcome of a criminal trial.

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Explaining Burden of Proof

The burden of proof is the legal obligation to provide evidence in support of a fact or issue. The burden in a criminal case—uniquely borne by the prosecution—is to demonstrate the defendant’s guilt. This obligation does not waver, and it must be fulfilled with convincing evidence before any conviction is lawful. For a case to hold water, the prosecution must prove beyond a reasonable doubt that the accused is guilty.

In doing so, the prosecution must establish several key elements of the alleged crime:

The criminal act (actus reus)
The mental state (mens rea) accompanying such act
Causation linking the act to the harm

Each of these elements must be proven to the high standard set by law, and anything less cannot result in a conviction.

Legal Principles and Standards

The standard of proof is the yardstick used to measure the strength of evidence required to meet the burden of proof. There are several degrees of this standard, with the most stringent being “beyond a reasonable doubt.” This level of certainty demands that there is no logical explanation other than the accused’s guilt.

Other standards, such as “clear and convincing evidence” and “preponderance of the evidence,” are used in civil cases but hold little weight in the realm of criminal law. When a person’s freedom is at stake, the high threshold of reasonable doubt prevails, serving as a formidable barricade to wrongful convictions.

The Role of the Prosecutor

Prosecutors are agents of the state tasked with enforcing the law. Their role in meeting the burden of proof is critical—they are the architects of the state’s case, piecing together evidence, and weaving a narrative that seeks to convince a jury of guilt. Decisions on charging and prosecuting are serious responsibilities, requiring consideration of public interest and the likelihood of securing a conviction.

A crucial aspect of the prosecutor’s role is discretion. They have the power to negotiate plea deals, decide which charges to pursue, and how the case is presented in court. The weight of this responsibility cannot be overstated, as a prosecutor’s actions can have a lifelong impact on the accused.

Challenges to the Burden of Proof

Defense attorneys are the stalwart guardians of the accused, often deploying various tactics to challenge the prosecution’s burden. They may question the integrity of evidence, challenge the credibility of witnesses, or seek to undermine the prosecution’s case through the presentation of a compelling defense.

Common defense strategies include alibis, affirmative defenses, and casting doubt on the prosecution’s case. Cross-examination is a potent tool, as it allows the defense to scrutinize the testimonies of the state’s witnesses, often revealing inconsistencies or bias.

Witness credibility is a linchpin in the burden of proof—the duality of human nature means that while witnesses can be both the prosecution’s greatest asset and the defense’s most formidable foe, they can also inject uncertainty into the narrative of the trial.

Understanding Your Rights

The burden of proof is more than a legal construct—it is a shield for the innocent and a principle that demands respect within the justice system. For the accused and their families, understanding this concept is vital. It’s vital to engage with a thoughtful, competent legal defense that can ensure every avenue is explored to support the case against unfounded allegations.

Seeking legal counsel early and being informed about your rights and the legal process is pivotal. With the right guidance, individuals can better understand the charges against them, the potential outcomes of their case, and what they can do to support their defense.

Engaging with the legal system is a monumental challenge, but it is not insurmountable. Knowledge and empowerment can, and often do, tip the scales in favor of justice.

Conclusion

In the fraught arena of criminal justice, the burden of proof remains a beacon of hope for the falsely accused and a linchpin for the legitimacy of any conviction. It is a standard that has stood the test of time, upholding the principles of due process and the presumption of innocence. Through understanding and appreciating this concept, defendants and their families can better equip themselves for the arduous road that is a criminal trial.

For those currently ensnared in the complexities of the justice system, whether in the dock or supporting a loved one, take solace in the knowledge not just of the burden of proof but in the resources available to challenge it. The weight of evidence is shared by all; it is a collective effort to ensure that justice remains blind, but the scales not unbalanced. Together, we can strive for a system that truly serves and protects all.

If you or your loved one has been charged with a crime or any other, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense attorney in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Innocent Until Proven Guilty: Strategies for a Strong Criminal Defense

Posted on March 19, 2024 by admin

In the labyrinth of the legal system, the principle of ‘innocent until proven guilty’ stands as a beacon of justice, guiding the path for those accused of a crime. However, navigating through this complex terrain requires more than just a mere understanding of one’s rights; it necessitates a robust strategy and a formidable defense.

This blog post aims to illuminate the path for individuals thrust into the daunting world of criminal litigation, offering insights into the effective tactics and defenses that can be employed. From understanding the intricacies of legal proceedings to leveraging the expertise of seasoned defense attorneys, we will explore how one can fortify their stance within the court of law, ensuring that the scales of justice tilt in their favor.

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Legal Proceedings Following Criminal Charges

Before diving into potential strategies, it is crucial to have a fundamental understanding of the workings of criminal trials. Criminal proceedings can vary depending on the jurisdiction and type of crime, but they typically follow a similar structure.

The first step in any case is the arrest, followed by an arraignment where formal charges are presented. This is then followed by the discovery phase, where both parties exchange evidence and information related to the case.

The next step is the pre-trial conference, which allows for negotiations and plea bargains between the prosecution and defense. If no agreement is reached, the case proceeds to trial, where a jury or judge will hear evidence and reach a verdict.

In criminal trials, the prosecution carries the burden of proof. This means that they must present enough evidence to convince a jury or judge beyond a reasonable doubt that the accused is guilty. The defense does not have to prove innocence; instead, their role is to cast doubt on the prosecution’s case and refute any evidence presented.

Building a Strong Defense

With an understanding of legal proceedings and the burden of proof, it is now time to explore some strategies for a strong criminal defense. These tactics are not foolproof and may vary depending on the specifics of each case, but they can serve as a starting point for individuals seeking guidance.

1) Utilize the Expertise of a Seasoned Defense Attorney

The first and most crucial step in building a strong defense is to enlist the services of a skilled and experienced criminal defense attorney. These professionals have an in-depth understanding of the law, as well as years of experience navigating through the intricacies of criminal trials. They can provide valuable insights into legal proceedings, offer strategic advice, and ultimately craft a strong defense tailored to the specific needs of each case.

2) Investigate the Facts and Evidence Thoroughly

One of the most critical aspects of a strong defense is thorough investigation. This involves gathering and analyzing all evidence related to the case, including police reports, witness statements, and physical evidence. A thorough investigation can reveal inconsistencies or errors in the prosecution’s case, providing opportunities for the defense to challenge their evidence.

3) Explore Possible Defenses

Depending on the specifics of each case, there may be various defenses that can be employed. For example, an alibi defense can be used if the accused was not present at the scene of the crime. The defense may also argue self-defense or claim a lack of intent to commit the alleged crime.

4) Challenge the Prosecution’s Evidence and Witnesses

As mentioned earlier, the prosecution carries the burden of proof and must present enough evidence to prove guilt beyond a reasonable doubt. The defense can challenge this evidence by questioning its validity or reliability. They can also cross-examine witnesses presented by the prosecution, attempting to discredit their testimony.

5) Present Mitigating Factors during Sentencing

If found guilty, the sentencing phase is an opportunity for the defense to present mitigating factors that may result in a reduced sentence. These factors can include things like a clean criminal record, cooperation with authorities, or expressions of remorse.

Conclusion

Navigating through the criminal justice system can be a daunting and overwhelming experience, but with the right strategies and defense tactics, individuals can increase their chances of a favorable outcome. Understanding the basics of legal proceedings, enlisting the help of a skilled defense attorney, and thoroughly investigating all evidence are just some of the ways to build a strong defense.

Remember, everyone is innocent until proven guilty, and with a robust defense strategy in place, justice can prevail. In the end, it is essential to remember that the principle of ‘innocent until proven guilty’ is not just a phrase but a fundamental aspect of our legal system that ensures justice for all.

If you or someone you know is facing criminal charges in Indiana, do not despair. Instead, contact Attorney David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. We will get the best possible outcome for your criminal case!

Criminal Defense and Criminal Charges: A Comprehensive Guide

Posted on February 5, 2024 by admin

Navigating the intricate maze of criminal law can feel overwhelming and fraught with uncertainty. Whether you’re directly impacted by criminal charges or simply seeking to understand the process, this comprehensive guide serves as a beacon of clarity.

From understanding the basic elements of criminal charges to the vital role of a criminal defense attorney, we’ll illuminate the path of the criminal justice system. Armed with knowledge, those charged with crimes, alongside their families and advocates, can embark on a more informed journey through legal proceedings, mindful of the importance of expert legal counsel.

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Understanding Criminal Charges

Before delving into the specifics of a criminal defense, it’s crucial to understand the bedrock of any criminal case—the criminal charges themselves. These charges can be broadly classified into misdemeanors, felonies, and infractions. Each varies in severity, potential punishment, and the associated social stigma.

Misdemeanors: Misdemeanors are generally considered less serious offenses compared to felonies. These charges often carry penalties such as fines and short-term jail sentences. Some common examples of misdemeanors include petty theft, disorderly conduct, and simple assault.

Felonies: Felonies are the most serious type of criminal charge and carry severe punishment, including imprisonment, probation, or hefty fines. Examples of felonies include murder, kidnapping, and robbery.

Infractions: Infractions are the least serious type of criminal charge and typically result in a fine rather than incarceration. These offenses often include minor traffic violations or other non-criminal offenses.

The Vital Role of a Criminal Defense Attorney

Legal representation can be the deciding factor in the trajectory of a criminal case. A knowledgeable criminal defense attorney navigates legal intricacies, upholds the defendant’s rights, and articulates a robust defense strategy. When it comes to defending their clients, defense lawyers utilize a wide range of criminal defense strategies that are specifically tailored to address the unique circumstances of each case.

These strategies include but are not limited to challenging evidence, invoking defenses such as alibi or consent, and skillfully negotiating plea bargains. By employing these tactics, defense lawyers aim to ensure that their clients receive the most effective and personalized legal representation to obtain the best possible outcome in court.

Navigating the Criminal Justice System

Entering the criminal justice system begins upon arrest, typically with an arrest warrant, and ushers in a series of stages reflective of the gravity of our judicial process. These stages generally include:

Arrest and Booking Process – After an arrest, booking processes officially record the incident and collect biometric information from the accused.

Pre-Trial Procedures – Pre-trial phases, crucial to setting the stage for prosecution and defense, involve arraignments, discovery, motions, and hearings.

Trial Proceedings – Trial proceedings may oscillate between juries or judges as fact-finders, with the prosecution bearing the burden of proving guilt beyond a reasonable doubt.

Sentencing and Appeals – Should a guilty verdict transpire, sentencing follows—with possible appeals offering a pathway for review of potential legal or procedural errors.

Support for Criminal Defendants

While facing charges, defendants can access a variety of resources:

Legal Aid – Organizations providing legal support to those unable to afford private attorneys.

Support Organizations – Groups that offer assistance ranging from emotional support to re-entry programs for convicts.

Churches – Religious organizations that may offer counseling or other forms of support.

Family and Friends – Networks providing emotional and financial assistance throughout the legal process.

Conclusion

Fortified with a deeper understanding of criminal charges and the criminal defense process, the importance of seeking professional legal counsel becomes unequivocally clear. Empowerment through knowledge can often be a defendant’s first line of defense.

Remember to harness every resource, from a qualified criminal defense attorney to support networks, ensuring every possible advantage in confronting criminal charges, navigating court hearings, and contending with the sentencing process. Your rights and your story matter—make sure they are heard within the halls of justice.

Don’t let a criminal charge or conviction define you; take action and fight for your future. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case or appeal your current verdict!

10 Common Criminal Defense Strategies

Posted on July 27, 2023 by admin

In the intricate world of legal defense, a criminal defense lawyer is the cornerstone of any fair trial. Their mastery of various defense strategies can mean the difference between freedom and incarceration for the accused.

In this post, we will delve into the realm of criminal defense, outlining ten common strategies that these skilled advocates employ. We’ll demystify the legal jargon, making it understandable for everyone, whether you’re a law student, someone interested in criminal law, or you simply want to understand the legal process better. Let’s dive in and explore these strategies that play an essential role in the pursuit of justice.

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Top 10 Criminal Defense Strategies to Win Your Case

Alibi

An alibi is a defense strategy based on the fact that the accused was somewhere else at the time of the alleged crime. This type of defense can be difficult to prove, as it usually requires witnesses or other forms of evidence to corroborate its claims. However, if proven successful, an alibi could result in a case being dismissed entirely.

Innocence

Innocence is the assertion that the defendant did not commit the crime and can be proven through eyewitness testimony, physical evidence, or other forms of reliable proof. This type of defense works best when there is a lack of evidence linking the accused to the crime. However, it may also prove difficult to prove in some cases, as the prosecution may have sufficient evidence to prove guilt.

Insanity

The insanity defense is based on the principle that the defendant did commit the crime but was unable to understand right from wrong due to mental illness at the time of the offense. It is important to note that this type of defense only works if there is sufficient evidence of the accused’s mental illness at the time of the crime.

Self-Defense

This defense strategy is used when a defendant believes that they were in imminent danger and had no other way to protect themselves from harm. In this type of situation, the defendant must prove that their actions were necessary for their own protection and that they acted in a reasonable manner given the circumstances.

Mistake of Fact

The mistake of fact defense claims that the defendant was mistaken in their belief that they were not committing a crime due to incorrect information or lack of understanding about certain aspects of the law. For example, if someone believes they are legally allowed to carry a firearm in a particular state when it is actually illegal, this could be used as a defense.

Duress

Duress is based on the fact that the defendant committed the crime because they were threatened with harm or death if they did not comply. In order for this defense to work, the prosecution must prove that there was an immediate threat of violence, and that the defendant had no other reasonable course of action.

Entrapment

Entrapment is a defense that claims the defendant was coerced by law enforcement into committing a crime that they would not have otherwise done. In order to prove this defense, the accused must show evidence that they were tricked or threatened into committing the act in question.

Necessity

The necessity defense argues that the defendant had to commit a crime in order to avoid an even greater harm. In this case, the defendant must prove that their actions were justified and necessary given the circumstances of the situation.

Renunciation

This defense is based on the fact that the defendant voluntarily chose not to go through with committing a crime. If evidence can be provided that the accused abandoned their plans or took steps to prevent the offense from being committed, then this defense could be successful.

Consent

The consent defense is used when a defendant argues that the alleged victim consented to an act they are accused of committing. This type of defense is typically used in cases involving assault or sexual misconduct and requires convincing evidence that the victim was aware of the potential risks involved.

From alibi to consent, these ten criminal defense strategies are essential tools for any lawyer defending their client in a court of law. It is important to remember that each case is unique and only after examining all the facts can a skilled criminal defense attorney determine which strategy would be most effective in a particular situation.

In Summary

Criminals accused of a crime have the right to be represented by an attorney who understands the ins and outs of criminal defense strategies. A qualified lawyer will assess the situation from all angles, taking into account any mitigating factors that may help their client’s case. As such, it is important for individuals charged with a crime to seek experienced legal counsel to ensure the best possible outcome.

When it comes to criminal defense, knowledge is power. Knowing your rights and understanding the intricacies of the law can help defendants build a strong case for their defense or plea bargain for lesser charges. Understanding these common strategies can also help you become a better informed citizen, deepening your appreciation for justice and due process.

Are you looking for qualified legal representation to fight your Indiana criminal charges? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

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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