How to Reduce Your Criminal Charges

Posted on June 11, 2021 by admin

After being arrested, the reality soon sets in. No one wants to face serious consequences or legal penalties that go along with being charged with the crime, let alone be convicted of one. Because once convicted, a person tends to face a whole other set of challenges in life, like applying for jobs, entering the dating world, applying for loans, sending in college application forms, signing a lease of the landlord, and much more. A criminal record can impact all of these areas of life and more. As a result, most criminal defendants immediately look for ways that they can reduce, or better yet dismiss, the criminal charges they are facing.

If you are currently facing criminal charges and seek to reduce or dismiss them, continue reading to learn tips on how to do so and where to get started on your defense.

Criminal Defense and Appeals Indianapolis IN 317-636-7514

Plea Bargains and Plea Deals

Plea bargains and plea deals are the same. No matter what you choose to call them, plea bargains are a legal agreement that can truly help the outcome of your criminal case. A plea bargain is your number one method of reducing your criminal charges. Typically offered by the prosecution, but sometimes also the judge or presiding magistrate, plea deals are generally a common element of every criminal case. Most criminal defendants are offered some sort of plea bargain to reduce their criminal charges or subsequent penalties.

Plea Bargain – A deal made between prosecution and criminal defendant for the purpose of abating maximum penalties and subsequent legal consequences for the criminal conviction they face. Basically, each side gives up something to receive something in return.

How a Plea Deal Can Help You

A plea deal can help you in many ways. Most often, a plea deal involves the prosecution agreeing to not bring your case to trial, and therefore, not subject you to the fullest conviction for your charges. Although you make a deal to plead guilty for the criminal charges, your charges are lowered and you are granted leniency when it comes to the scheduled legal penalties for such charges, such as jail time, license suspension, probation, house arrest, fines, and more.

Has it been more than 3 years since you were charged with a Class D felony in Indiana? A new law has passed that may allow you to reduce this charge to a Class A misdemeanor. Contact an Indiana criminal appeals lawyer to determine your eligibility.

Not All Cases Involve Plea Deals

Keep in mind that plea deals are not offered in every single criminal case, as they must be approved by the court. For this reason, it is vital that you hire a private Indianapolis Indiana criminal lawyer to build a strong and impactful defense against your charges. They can either dismiss your criminal charges altogether, or get you the best plea deal possible.

Avoid the maximum penalties for your criminal charges by hiring a seasoned criminal defense attorney in Indiana. Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation, today.

You Might Also Enjoy:

Information About State Felony Appeals and Criminal Defense
Is it Possible to Reduce My Criminal Charges?
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Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Should I Hire a Lawyer to Expunge My Criminal Records?

Posted on May 11, 2021 by admin

Because the criminal record expungement process is so complex and requires a concentrated approach, it is necessary to hire a criminal defense lawyer to navigate your petition if you want successful results. Continue below to learn some important facts about Indiana criminal record expungement and sealing that will help you better understand the importance of retaining professional legal assistance and teach you how to get started.

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Criminal Record Expungement Law

Indiana’s Second Chance law (IC §35-38-9) was enacted on July 11, 2013. It permits the permanent sealing of a criminal record from public access or view. Although the general public cannot access or view an expunged criminal record, some parties can, such as the government and law enforcement officials. Those who cannot include current employers, potential employers, landlords, banks, college admissions offices, credit card companies, dating partners, coworkers, family, friends, and similar types of private, non-governmental parties.

Expungement Process

There are various stages of the criminal record expungement process, all of which your skilled defense lawyer will navigate for you. But here is a basic breakdown:

☑ Gather all necessary documents and evidence needed for the petition.

☑ Complete the expungement petition and submit it by the required deadline.

☑ Continue to file all remaining documents and copies with the proper county clerks’ office.

☑ Satisfy all filing fees. You may choose to fill out and submit a fee waiver that would excuse you from paying any filing fees.

☑ Receive a case number and court date.

☑ Attend the hearing and complete the argument for expungement.

Criminal Record Expungement Costs

How much does it cost to expunge or seal criminal records in Indiana? Well, it all depends on the lawyer you choose, their personal fees, and the complexity of your case. Lawyer fees generally start at $1,000 or so, and then you might also have to pay filing fees and related costs. There is no fee to submit the actual expungement petition, however.

Why You Need a Lawyer to Help With Your Expungement Paperwork

The process that is required of the petitioner for record sealing or expunging is highly complicated, and revolves around a stringent schedule that’s difficult to follow. One little filing mistake or missed deadline, and a person loses their chance at sealing their public criminal history forever. For these reasons, it is imperative to retain the professional legal counsel of a licensed attorney that’s familiar with the Indiana expungement laws and provides services for filing and petitions.

Are you looking for a qualified criminal defense lawyer who can help you with your petition? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation and get your Indianapolis Indiana criminal record expungement appeal started.

You Should Also Read:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Who Can Access Expunged Criminal Records?

Read This if You Were Arrested But Not Convicted in Indiana

Posted on April 9, 2021 by admin

Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

You Might Also Like:

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Your Guide to Appealing an Indiana Criminal Conviction

Posted on March 1, 2021 by admin

Although you were handed a guilty conviction by judge or jury, you do not have to accept it just yet. The U.S. Constitution gives American citizens the right to appeal their criminal conviction by requesting a new trial. Continue reading to learn more about the process of criminal appeals, and who to trust for advice regarding your recent conviction. Most often, a defendant would use their current criminal defense attorney to represent their appeal. For your appeal, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Retaining appellate criminal defense is the first step to your appeals process. Continue below to learn more.

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Motion to Withdraw a Plea

It is important to understand that you cannot appeal your conviction if your plead guilty, or entered a plea of no contest (nolo contendere). If you plead one of the two, you must first enter a motion to withdraw your plea, which is an entirely separate process than appeals. Under these particular circumstances, some states permit defendants to a limited indirect appeal without filing for a motion to withdraw. This is known as filing a “writ of habeas corpus.”

Because the appeals process varies greatly from state to state, the option to go this route is dependent on various factors unique to a defendant’s case and criminal charges. It is best to consult with your trusted criminal defense attorney for professional recommendations distinctive to your case.

2 Step Appeals Process

An appeal is an official legal document that states the lower court’s ruling as incorrect. They must be filed within 30 days of your conviction, so it is important to act fast if you want to move forward with turning over your conviction. There are two primary steps to filing an appeal once you’ve retained professional legal representation. The first step is to file a notice of appeal and send it to the court that sentenced you. This is a one to two page formal document that notifies the court that you are challenging their ruling against you, and that you are taking your appeal to the next highest court for re-adjudication.

Once you have sent your notice to the court, the second step is to file your appeal with the appellate court, which is the next highest court that has jurisdiction over your case. Along with filing your appeal, you must also file an “appellate brief.” An appellate brief is a document that contains a legal discussion explaining why the lower court’s ruling was incorrect. Most often, filing an appeal is not free. Not only do you have to pay for legal representation, but you must also pay to obtain a transcript record of your first case, as well as, court fees, filing fees, and more.

To get started on your appeal, contact a trusted and licensed criminal defense lawyer in your city. They have the knowledge, resources, and skill to advise you on the best course of action for your conviction. Just be sure to act fast since appeals must be filed within 30 days.

Were you convicted of misdemeanor or felony crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to file an appeal or expunge your criminal record. We offer free initial consultations to discuss your charges and the best strategies for defense!

You Should Read:

Do I Withdraw My Plea or File an Appeal?
What You Need to Know About Indiana Expungement
Information About State Felony Appeals and Criminal Defense

Criminal Record Expungement FAQS for 2021

Posted on January 22, 2021 by admin

If you have a permanent record with arrests, criminal charges, or worse, actual convictions, you might just be in luck. Indiana has passed laws that allow those with past criminal records to either erase those records or seal them from the public access forever. But not just anyone qualifies. You must pass the state criteria to be eligible. Have questions? So do many others.

Continue reading to review the most frequently asked questions about Indiana criminal record expungement for 2021, and learn how to get started on your petition now.

Indianapolis Indiana Criminal Defense 317-636-7514

Expungement FAQS for 2021

What is Indiana Criminal Record Expungement?

No one wants to carry around the stigma of what it means to have a criminal record. In comes Indiana criminal record expungement, which is a court-ordered process that allows those who qualify to conceal or destroy their arrests, charges, and convictions. This process is also referred to as “setting aside a criminal conviction.”

What is the Indiana Second Chance Law?

In July of 2011, the Indiana General Assembly passed legislation that permits those who qualify to erase or seal certain parts of their criminal records. You can actually review the revised and condensed decree in Indiana Code 35-38-9, which went into effect July 1, 2013. Us Hoosiers know this legislation as Indiana’s Second Chance Law, as it provides a second chance at life, prosperity, and contentment.

What are the Benefits of Criminal Record Expungement?

With a clean criminal history, you are opening yourself up to a whole new world of opportunities, especially if you have a felony on your record. With sealed or erased arrests and convictions, you place yourself in a position to get a better career, apply for a professional license, get a school loan, a bank loan for a new house for your family, and even enter the dating world without public background checks holding you back! There are many reasons to expunge your criminal records! Even simple peace of mind is enough to persuade you.

Do I Qualify for Criminal Record Expungement?

To qualify for criminal record expungement or sealing, one must meet very specific requirements. The two most influential factors to determining eligibility include the type of conviction and the amount of time that has passed since the date of the conviction. Some convictions cannot be expunged nor sealed, such as murder and sex crimes. However, most arrests and charges that did not end up in conviction can be expunged or sealed.

How Much Does it Cost to Expunge Criminal Records in Indiana?

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation.

Who to Trust for Indiana Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Call Attorney David E. Lewis and Start the New Year With a Clean Criminal Record

Posted on January 4, 2021 by admin

See if you qualify for Indiana criminal record expungement in 2021 by calling the Law Office of David E. Lewis Today! Act fast, before this law is repealed and your chance at a better future is lost forever!

Don’t Let the Choices of Your Past Hold You Down in 2021. Take Back Control of Your Life With Indiana’s Second Chance Law.

How to Expunge Criminal Records in 2021

Better job opportunities, better education, better housing, and more are all cases in which a poor criminal history can affect your quality of life. But that does not have to be your life this year! You might finally qualify for criminal record expungement in Indiana! Attorney David E. Lewis is your solution to cleaning up an inaccurate or long-past criminal record that has been holding you back ever since your initial arrest in Indiana.

Attorney David E. Lewis Will Ensure Your Petition is Filed Correctly

Attorney David E. Lewis is an aggressive criminal defense lawyer that offers professional assistance and counseling for those who wish to petition for criminal record expungement and record sealing in Indiana. The petitioning process is tedious and complex, so mistakes are common and simple to make. But you can only apply once in your life and one little mistake will get your application denied. He is your best chance at filing correctly so that you are not denied based on a simple clerical error or missed deadline.

Don’t Qualify Yet? Well You Might Next Year in 2022 or the Year After!

In the case that you do not qualify for criminal record expungement this year, there is no need to worry! You may still qualify to have your criminal and arrest records sealed instead of expunged. Or, you may just have to wait another year or two. It all depends on several eligibility factors. If you are unclear of the difference, then you are the same as thousands of fellow Hoosiers! Simply talk to Attorney David E. Lewis about your options for cleaning up your criminal record, and get started on a path towards opportunity and happiness!

Common Criminal Record Expungement Qualification Factors Include:

► Type of Arrest, Charge, or Conviction
► Severity of Conviction
► Time Passed Since Date of Arrest
► Your Current or Pending Legal Matters
► The Accuracy of Your Petition
► And More

Schedule a Free Criminal Record Expungement Consultation TODAY

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Restrictions to the Indiana Criminal Record Expungement Process

Posted on July 10, 2020 by admin

After expunging your criminal records, you can legally deny any past arrests or charges to employers, landlords, and more. But there are certain limitations to criminal record expungement, and for those who wish to conceal their arrest records, it is in their best interest to learn these restrictions ahead of time.

Continue reading to learn the limitations that go hand-in-hand with expunging criminal records, and who to talk to for additional industry advice and professional counsel.

Indiana Criminal Record Expungement 317-636-7514 — Indiana Criminal Record Expungement Services 317-636-7514

A Once in a Lifetime Opportunity

When someone wants to explore their options for criminal record expungement, it is important to first and fully understand that a person can only apply and be granted expungement one time in their entire lives. This means you cannot apply to have additional criminal and arrest records expunged after already having your records concealed in the past.

If you decide to pursue criminal record concealment, be sure that all your paperwork, filing, deadlines, and additional requirements are accurate and in-line. Failing to file even one document, or filing it incorrectly, can instantly eliminate your chances of expunging your criminal history, forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

Criminal History Priors

Once a person has expunged or concealed their criminal history and arrest records, they can legally state they have never been arrested or charged with a crime to landlords, employers, and more. But if this same person is arrested after their records were concealed from the public, for a petty misdemeanor crime, the prosecutor can still pull up their concealed criminal history and see that they have had priors. This bumps their misdemeanor up to a felony, even though the person’s priors were expunged. Although records can be concealed, law enforcement and government officials will forever have access to a person’s “real” criminal records, and it can be used against them in future arrests.

Serious Vocational Roles

Again, even though a person has had their records concealed from the general public, there are certain entities that can access their true records. With this said, there are also certain vocations that a person might not be eligible for if they have a criminal history because these types of employers can also access their true records. Jobs like government positions, schoolteachers, juvenile services, daycare aides, corrections officer, security guards, court administrative jobs, as well as, professionally-licensed jobs like in the medical or legal field.

Where to Get Help With Criminal Record Expungement in Indianapolis, Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for help with criminal appeals and expungement in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation, today.

How Do Proffer Agreements Work in Federal Criminal Law?

Posted on May 13, 2020 by admin

When a defendant is facing criminal charges on a federal level, they may benefit from a legal contract known as a proffer agreement. Continue reading to learn what a proffer agreement is, how it works, and when you might need one as a defendant in a federal court.

Proffer Agreement Basics

Law enforcement agents are required to interview, or interrogate, defendants in a federal case for the purpose of getting them to admit guilt and divulge all the information they related to the crime. Often times, defendants use this opportunity to get a reduced sentence for themselves. They assist the law enforcement agency and the U.S. prosecuting attorney in convicting other defendants in the criminal case or community by providing substantial and incriminating evidence in the form of information, video, documents, records, emails, testimony, and more.

However, this arrangement tends to cause anxiety for both the defendant and their legal team because they fear this information can be later used against them at trial to worsen their conviction and subsequent sentence. This is where proffer agreements come into play. A proffer agreement is a written, limited-immunity indenture between a defendant and a prosecutor that decrees any statements made by the defendant to law enforcement agents may not be used by the prosecutor to their detriment later on, so long as their statements match what they tell the jury at trial.

Reducing Your Criminal Sentence With a Proffer Agreement

Your eligibility for entering a proffer agreement with the United States prosecuting attorney depends on various factors. For instance, defendants charged with violent crimes are not qualified for limited-immunity arrangements. Furthermore, if your criminal case starts and stops at you, law enforcement and prosecution would have no need for further evidence or information that would incriminate others in your case.

Your best source for learning more about reducing your criminal sentence is a local and trusted criminal defense lawyer. They have the knowledge and resources to discuss your charges in a language you can understand, and build a defense that will help you avoid the maximum penalties for your criminal charges.

Who to Trust for Skilled Federal Criminal Defense in Indiana?

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a felony crime in Indianapolis or within the Central Indiana counties. Our law firm offers aggressive and experienced federal criminal defense for anyone facing felonies in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

What You Need to Know About Indiana Expungement

Posted on March 2, 2020 by admin

If you have a criminal record, whether as a minor or adult, this blog is for you. A new law in Indiana allows those who qualify to have certain criminal and arrest records concealed from public access. This could be a better job, income, and overall quality of life for thousands of past offenders. To get started, continue below to learn what you need to know about criminal record expungement in Indiana, and how to find out if you qualify.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Indiana’s Second Chance Law

Also known as Indiana’s Second Chance law, criminal record expungement is a new opportunity that deserves immediate attention from anyone with an arrest, charge, or conviction on their personal record. Those who are approved for expungement will no longer be subjected to the consequences and setbacks of having a criminal record. Employers, whether current or potential, cannot view expunged records, nor can school administration offices, banks, landlords, and the general public. Everything from dating and applying for jobs, to renting a home, earning a degree, and much more, is easier after expungement.

However, not every will qualify. Furthermore, there is another version of expungement known as record sealing, which is less restrictive than expungement.

Difference Between Sealing and Expungement

When criminal records are expunged, they are erased permanently from one’s personal record. In comparison, when records are sealed, they are not erased, but rather hidden. Only law enforcement, governmental agencies, and in some case, childcare organizations, can view sealed criminal records. As for the general public, including employers and landlords, they cannot view sealed records. The requirements for qualifying for record sealing are less strict than the requirements for expungement.

How to Qualify

Convictions that Do Not Qualify:

Murder

Sex Crimes

Feticide

Manslaughter

Reckless Homicide

Human Trafficking

Assisting /Causing Suicide

Transfer of Contaminated Bodily Fluids

Registered Sex Offender Status

Inappropriate Communication with a Minor

How to Petition for Expungement

You must hire a criminal defense lawyer who specializes in the new Indiana expungement laws if you want a good chance at being approved by the state. The process and requirements involved in petitioning for expungement are very complex and confusing to anyone who does not have a law degree. Furthermore, one can only petition for expungement one time, and never again after. This poses high risk since a petition will be rejected for something as little as a misspelled word or missed deadline. An Indiana criminal expungement lawyer will be able to ensure your petition is managed accurately.

Who to Trust for Indiana Criminal Record Expungement Help

Choose Attorney David E. Lewis for Aggressive Criminal Defense

Posted on June 26, 2019 by admin

The Law Office of David E. Lewis has the aggressive and professional Indianapolis criminal defense lawyers you need to avoid being sentenced to the maximum penalties for your criminal charges. Continue reading to learn why we are a leading criminal defense law firm in Indiana, and what we will do to ensure your rights are protected and your freedoms are preserved. We may even be able to help clean up your arrest record.

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, as well as, throughout the entire state of Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law, and will work around the clock to ensure you are not subjected to the maximum penalties for your Indiana criminal charges.

Criminal Cases We Represent

Here at the Law Office of David E. Lewis, our seasoned Indianapolis criminal defense lawyers aggressively represent most state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

Indiana Criminal Record Expungement

Want to clean up your criminal record? With our help, you might be able to as early as this year! You see, criminal record expungement is now legal in our state, but only under very explicit conditions. And applicants are only allotted one single opportunity to file for expungement in their lifetime. YOU CANNOT PETITION TWICE.

To make matters more challenging, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Learn About Your Criminal Defense Needs

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation to determine the best strategies for defense pertaining to your individual charges and criminal history. When you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can also submit an email directly from our website.

You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern. Most importantly, our office is a 100% judgement-free zone, and you will feel warmth and welcome as if you were family every time you walk through our doors.