Tag Archives: Indiana criminal defense lawyer

Can I Still Get Arrested Even if I Was Not the One Committing a Crime?

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In life, regardless of age, you must choose your peers wisely. That is because the short answer to the question, “Can I Still Get Arrested Even if I Was Not the One Committing a Crime?” is yes. It is true that your presence alone could be enough to get you arrested and charged with a crime, even if you are innocent. You see, there are such offenses that permit law enforcement to arrest anyone who is in a “place of common nuisance.” The criminal charge for being present in a place of common nuisance is aptly referred to as, “visiting a common nuisance.” Furthermore, there is even a crime referred to as, “maintaining a common nuisance.”

Continue reading to learn more about these offenses, what to look out for, and how to avoid the maximum penalties for such criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

A Place of Common Nuisance

A “place of common nuisance” is considered to be any private property in which illegal activity is actively taking place. A place of common nuisance can be any structure, including houses, vehicles, apartments, hotel rooms, boats, and any other privately-owned residence. The most common types of crimes that occur in a place of common nuisance are the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Place of Common Nuisance

Anyone person who knowingly attends a place of common nuisance is committing a crime, and if caught, can be charged with the offense of “visiting a common nuisance.” Individuals can be arrested and charged with this crime without actually taking part in any illegal activity. Here is an example:

A girl begins dating a new guy, and visits his apartment for the first time. He lives with two other male roommates. His roommates sell illegal drugs and partake in drug use at the apartment at all times. If she were to be visiting her boyfriend’s apartment while police show up, she too could be arrested just for being somewhere where illegal activity is taking place. This rings true even if she did not partake in any drug usage or trafficking.

Maintaining a Common Nuisance

If a person permits someone, or a group of people, to partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” Imagining the same scenario as before, the boyfriend can be charged with maintaining a common nuisance for allowing his roommates to sell and use illegal drugs in the home. Similarly, if the girl lets her new boyfriend use drugs in her apartment, she could be arrested and charged with maintaining a common nuisance. The same applies to parents who allow their children to drink underage or use drugs in their home.

Facing Criminal Charges in Indiana?

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 lawyer, 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.

The Difference Between Arrest Warrants and Bench Warrants

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When the state has valid evidence that a person has committed a crime, a warrant will be issued for their arrest. In other circumstances, a person may be issued a warrant for something other than their arrest, such as a bench warrant, which is still equally important and pressing.

Continue reading to learn the difference between arrest warrants and bench warrants, including what you need to do as a recipient of one.

Indianapolis Criminal Defense Law Firm 317-636-7514

Indiana Arrest Warrant Lawyer 317-636-7514


After a warrant is issues, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. In terms of arrest warrants, you need to turn yourself in to authorities at the local police station as soon as possible; otherwise, you are considered a fugitive of the law. Bench warrants do not require jail time, but they do require a certain level of action.

Arrest Warrants

A person with a warrant out for their arrest can expect to live with a great deal of paranoia. This is because they can be picked up by the police and arrested on the spot at any place. They can be arrested at work, at home, in the gym, and anywhere else they might be noticed or discovered. Having a warrant is a serious, but resolvable situation. A person needs to contact an Indiana criminal defense lawyer and turn themselves into law enforcement before they get in more legal trouble.

Bench Warrants

A bench warrant is another term used for arrest warrant. Specifically, a bench warrant is intended to flag someone for violation, and call them to the judge’s “bench” for sentencing. They are generally issued when a person fails a court ordered drug test, skips a probation meeting, misses a court date, fails to pay a speeding ticket, or commits other similar court violations and minor infractions. Same as any other warrant, it is advised to turn yourself in before your legal situation escalates into something bigger.

Do You Have Questions About Your Warrant?

Marijuana Criminal Defense Lawyer 317-636-7514

Marijuana Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your warrant with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

7 Probable Court Orders While on Probation

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After being convicted of a state criminal charge, a judge may sentence a defendant to probation in place of jail time. Being on probation is a much better outcome than jail, however, there are still strict terms and conditions that you must adhere to, otherwise, you face additional criminal charges, including incarceration. In addition to rules and restrictions, a judge can sentence you to other types of conditions, such as community service, victim impact panels, drug testing, and more.

Continue reading to learn the top 7 court orders you may face while on probation.

Probation Violation Lawyer 317-636-7514

Probation Violation Lawyer 317-636-7514

➀ House Arrest

If a person is a habitual offender, or has committed a more serious misdemeanor, a judge may sentence them to home detention, also known as house arrest. A person on house arrest is strictly prohibited to leave the confinements of their home for a specified period of time; if they do, they face additional criminal charges. While on home detention, a judge may also require them to wear a GPS electronic monitoring bracelet, which supervises and records their whereabouts.

➁ GPS Electronic Monitoring Bracelet

GPS electronic monitoring bracelets, also known as ankle monitors, are a more lenient form of home detention. They are electronic devices that are worn around the ankle until the defendant is released from probation. It ensures that a defendant remains within the boundaries allotted to them by the court, which is usually just work, school, rehab, and home.

➂ Drug Testing

A person on probation is likely to be drug tested at any given time. Most often, it is a standard part of the probation process. A judge may order them more frequently for those convicted of a drug or alcohol-related crime. It is mandatory by law to submit to random or routine drug screening, chemical testing, or urine analysis if ordered by a court.

➃ Community Service

A common penalty, especially for less serious misdemeanors, is community service. This is basically mandatory, court-ordered volunteer work. If you have ever seen a group of people collecting garbage on the highway, or working at a local salvation store, they are likely community service workers. Most often, a person can choose their own type of work, and then a supervisor is appointed to record and sign off on their hours.

➄ Ignition Interlock Device (IID)

A common term of probation used for habitual drunk driving offenders is an ignition interlock device (IID, which is installed in a person’s car to stop them from driving while drunk. They lock a car’s ignition, until the driver breathes into the device, like a breathalyzer, and shows a BAC lower than 0.04 percent. If the offender has a BAC higher than 0.04%, the engine will not start and the device record and send the reading to the proper authorities. It can be considered a violation of probation, which leads to more criminal charges.

➅ Victim Impact Panels

For intoxicated driving charges, a defendant may be ordered to attend victim impact panels, which are basically public programs in which survivors, or family, of those injured or killed in drunk driving accidents, speak about their struggles and losses in an attempt to educate people about the extreme consequences of driving under the influence of drugs or alcohol.

➆ Alcohol / Drug Education

Another common court order of probation are mandatory alcohol and drug education courses or rehabilitation. These are often reserved for addicts, and offenders who have been charged with a drug or alcohol-related crime. Participants are ordered to show up to all classes on time, complete all assignments on time, and pass the course to satisfy the court orders successfully.

Recently Arrested for a Misdemeanor in Indiana?

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

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 with a licensed Indiana criminal defense lawyer you can trust. 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. Call as soon as today!

Is a Park Ranger an Actual Police Officer?

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Last week, we covered information regarding common camping crimes. In the past, we have also discussed the difference between a security guard and a cop. But in this week’s blog, we will take a closer look at the duties and authorities of a park ranger. Understanding the authority of a park ranger is important if you plan on visiting any state or national parks this fall. Continue reading to get started, and then share these facts with friends and loved ones!

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Let’s get one fact straight:

PARK RANGERS ARE POLICE OFFICERS.

Park rangers can (and will) arrest a person who breaks the law, whether it’s a state law, federal law, or park rule. Misunderstanding the role of a park ranger has cost many people a night in jail. If you are a frequent camper, hiker, fisher, or park visitor, be sure to fully understand that park rangers are the boss. In fact, park rangers are not the only authorities you might come across. Individuals like park police, game wardens, and other park officials are also in charge of enforcing rules.

Park Security

Many parks will hire private security during the off seasons to monitor the land and thwart trespassers, vagrants, and vandals. They also hire extra security to assist law enforcement rangers during peak park seasons. It is important to understand the distinction between a security guard and a park ranger or officer to avoid getting into trouble. Although park security can detain you until local police arrive, they cannot actually arrest you. They are not licensed police officers, but they still have authority. See our blog, “Can a Security Guard Arrest Me?” for more information.

Beware of Contradicting Laws

Keep in mind that park laws can differ from state laws. For example, medical marijuana use may be legal under state law, but in a National park, federal law applies. So if you are caught smoking a joint in a National park, you will be arrested and charged, even if you are in a state that permits medical marijuana use and you have a valid medical license.

What Could Happen

Park rangers have a little more authority in terms of searching and investigating a camp site because a majority of their role involves administrative duties, like checking hunting permits and fishing licenses, collecting fees, enforcing rules (i.e. leash laws, littering, fire activity, etc.), and more. They have a few options when it comes to managing a suspected crime. They can either give out citations, which could involve paying a fine or attending a court date, or they can arrest a suspect.

In the case of an arrest, they can arrest a person themselves and transfer them to the park detainment center, or they can choose to hand the defendant off to the local authorities. If you are ever under the arrest of a park ranger, you retain the same rights you would if you were being arrested by a local law enforcement officer. This includes your right to remain silent. After you are released from detention, contact an Indiana criminal defense lawyer right away to secure your rights and protect your freedoms.

Arrested in a Park?

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

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

Call the Law Office of Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your Indianapolis criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.