Tag Archives: Indiana criminal defense attorney

What is the Preemption Doctrine?

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If you are facing criminal charges for an act that is legal under one jurisdiction, but illegal under another, you may want to review the Constitution’s Preemption Doctrine. It can help you better understand your situation, and perhaps even develop a stronger defense to avoid the maximum penalties if ultimately convicted.

Continue reading to learn about the Preemption Doctrine, and how it may apply to your criminal case.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The Preemption Doctrine

The Preemption Doctrine stems from the United States Constitution. It is specifically derived from the Supremacy Clause, which states, “Constitution and the laws of the United States (…) shall be the supreme law of the land (…) anything in the constitutions or laws of any state to the contrary notwithstanding.”

So what does this mean in common language? It means that any federal law can override any conflicting state law. Basically, states cannot pass any laws that violate our rights outlined in the U.S. Constitution, otherwise, federal judiciaries can overturn the law for being unconstitutional. On the other hand, there are some exceptions.

You see, if any law provides citizens more rights or imposes more responsibility, such law will prevail. But if state and federal laws blatantly conflict with one another, we go back to the Supremacy Clause which states that federal law will always prevail. Here are some examples that will help you understand who it works:

If a certain law provides citizens more rights, that law will override the opposing jurisdiction. For instance, if state law allows same-sex marriage, but federal law does not, the state law will trump.

If a certain law imposes more responsibility onto citizens, that law will trump the opposing one. For instance, if the state law requires seat belts, but the federal law does not, the state law will prevail.

If state and federal law explicitly conflict, federal law will prevail. For instance, if state law allows cannabis use, but federal law does not, anyone caught in possession of cannabis will be arrested and charged.

Facing Criminal Charges Based on Conflicting State and Federal Laws?

David E. Lewis Criminal Defense Attorney

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

What you need is aggressive and skilled legal defense. Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis, 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Does it Matter Where I Hire My Criminal Defense Attorney?

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If you were just recently arrested on criminal charges, the very first place to start is to hire a licensed criminal defense lawyer right away. Without private criminal defense, you risk jeopardizing your rights, your freedom, and your future. One of the most common questions about hiring a criminal lawyer involves location. Defendants like you want to know whether or not they have to hire a defense attorney in the same county as their pending criminal case.

The truth is, the answer to this question is not so cut and dry.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Local Versus Non-Local Attorneys

The choice to hire locally or not is entirely up to you as the defendant. Your choice will be based on several factors, including your personal preference, circumstances of the case, appointed county prosecutors, opposing attorneys, judges, and much more.

For instance, if you are from a small town, you might want to hire locally because all the judges, attorneys, and prosecutors know each other well and have long-standing relationships, which could help your lawyer get you a better deal. Of course, this is not always the case in a small town. In an opposing example, if you are from a small town and facing serious criminal charges in a large city, you may choose to hire out of town in hopes of retaining a lawyer with better knowledge of big city politics.

What You Really Need to Know

The reality is that it does not matter where you hire your attorney. Hiring locally or out of town doesn’t make a difference for most criminal cases. It is the lawyer that makes the difference. However, the general rule of thumb is to hire an attorney in the city your charges are pending.

The most important part about hiring a criminal attorney is choosing one that is well-versed in the area of law you are dealing with, and one with extensive trial and litigation experience. They have the knowledge and resources it takes to build a strong and impactful defense against your criminal charges.

Call David E. Lewis, Attorney at Law

David E. Lewis Attorney at Law

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

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Inmate Evaluation and Prison Assignment in Indiana

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Until the recent changes to the Indiana Criminal Code, anyone serving more than one year would be assigned to a prison rather than a county facility. But now, inmates are serving lengthier sentences in county jails, keeping prisons reserved for those facing extended periods of incarceration. Indiana is home to roughly 20 facilities that are designated as prisons. They range in security levels, categorized as either a minimum, medium, or maximum security facility.

Indiana Prisons

Minimum security prisons are set up in dormitory-style housing and less restrictive in terms of inmate security and privileges. They often include work-release programs as well. In fact, the Indiana Department of Corrections (IDOC) has 14 work-release institutions available for inmate placement. Medium security facilities are more restrictive, and usually designed with both dormitory housing and cell block living quarters. Maximum security prisons use the highest security measures for inmates, and divided in cell block fashion. Indiana has 6 minimum security prisons, 9 medium security prisons, and 4 maximum security prisons.

Inmate Placement

As of last year, The Indiana Department of Corrections uses a new system for inmate placement. In order to assign inmates to prison facilities in Indiana, each inmate is evaluated and then classified based on several factors, including the safety of the public, staff, and the offenders themselves, as well as, any educational, medical, or personal needs of offenders.

After sentencing, inmates are transferred to an intake facility, such as the Reception Diagnostic Center (RDC) in Plainfield, Indiana. There, they are evaluated and categorized, and then transferred to an assigned prison according to the factors mentioned above. This system ensures inmates are placed in the proper prison facilities.

Criminal Defense in Indiana

If you are facing criminal charges in Indiana, you need to have an aggressive and experienced criminal lawyer in your corner. They are your greatest hope at avoiding the maximum penalties for your suspected crimes. Depending on the details of your case, you could possibly evade jail time altogether! But without strong criminal defense, your future and your freedom are solely in the hands of the prosecution.

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law

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

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.