Critical Questions and Answers About Indiana Criminal Charges

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

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

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

FAQS About Indiana Criminal Courts

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

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

What is the Difference Between State Court and Federal Court?

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.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and District Court Systems?

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and hand down penalization orders. Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes. Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!