Are Federal Courts Different From State Courts?

Posted on March 29, 2022 by admin

Here in the United States of America, we have two separate types of court systems: state and federal. These two court systems are different in many ways; ways that might be important for you to know if you are currently facing misdemeanor or felony charges. Continue reading to learn how Federal court differs from state court, plus what you need to do if you are preparing to go to trial for your Indiana criminal charges.

Federal Crime Lawyers Indianapolis Indiana 317-636-7514

Federal Court Versus State Court

Federal court and state court are established quite differently. State and local court systems are established by the state. This may include cities, townships, counties, and municipalities. Federal courts were, and continue to be, established under the United States Constitution. They deal with laws that are passed by Congress and debates related to the Constitution.

Court Jurisdiction

State and federal court do not hear the same types of cases; more specifically, they are limited to which kinds of cases they are authorized to adjudicate. State courts are authorized to hear virtually all cases, except those that pertain to crimes against the United States and cases that involve certain Federal laws, such as felony offenses, Bankruptcy, immigration, copyrighting, and maritime law. These kinds of cases are heard in Federal court. Common cases heard by state and local courts include misdemeanor crimes, traffic violations, civil disputes, and similar lower-level legal matters.

Although state and Federal courts hear different types of cases, there are some cases in which both are authorized to hear. In such cases, the party has the discretion of choosing which court they wish to pursue their legal matters in.

Facing Criminal Charges?

If you are facing misdemeanor criminal charges, you are going to be tried in a local court under state law. Examples of common misdemeanor offenses adjudicated in the local court system include traffic violations, drug possession, public intoxication, drunk driving, and shoplifting. If you are facing felony charges, you will likely be tried in Federal court under Federal law. Examples of federal-level offenses include white collar crimes, trafficking, sex crimes, violent crimes, kidnapping, homicide, and terrorism.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

How are Federal Laws Different From State Laws?

Posted on December 23, 2020 by admin

If you were recently arrested in Indiana, you could be facing either misdemeanor or felony charges. At a basic level, misdemeanors are charges brought against you at a state level, while felonies are charges brought against you on a federal level. How are these two levels of laws different from one another? Continue reading to learn more about federal and state law, and what you should do if you are facing charges in Indiana right now.

FEDERAL CRIMES

VS.

STATE CRIMES

Federal Laws Versus State Laws

⚖ Federal Crimes

Felonies are federal crimes that are illegal under federal law. Crimes committed on federal property are also made illegal under federal law. There are several types of federal-level offenses. Some of the most common examples of felony crimes here in Indiana include white collar crimes like tax fraud, bank fraud, embezzlement, and counterfeiting, as well as other types of serious crimes like grand theft auto, sexual assault, kidnapping, armed robbery, firearm crimes, civil rights offenses, and of course, murder.

LEVELS OF FELONIES IN INDIANA:

Murder – Most Serious
Level 1 Felony
Level 2 Felony
Level 3 Felony
Level 4 Felony
Level 5 Felony
Level 6 Felony – Least Serious

⚖ Misdemeanor Crimes

Misdemeanors and infractions are state crimes that are illegal under state law. Like federal offenses, there are many types of misdemeanor and low-level crimes that are illegal under state and local laws. Both residents and visitors of the state are vulnerable to prosecution, including businesses and franchised businesses. The most prevalent misdemeanor crimes committed in Indiana include DUI’s, drugged driving, assault and battery, theft, drug crimes, burglary, disorderly conduct, probation violation, public intoxication, disturbing the peace, and traffic infractions.

Misdemeanor crimes are categorized into three “Classes” based on the seriousness of the crime: Class A, Class B, and Class C. They are punishable by up to 1 year in an Indiana Department of Corrections facility, fines up to $5,000 (not including court costs and probation fees), and several other penalties which include: suspended drivers’ license, probation, routine urine screening, community service, alcohol/drug education, victim impact panels, high risk auto insurance, and more.

Aggressive Criminal Defense for Felony and Misdemeanor Arrests 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 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 build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free 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!

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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