Tag Archives: Indiana Criminal Defense

4 Ways You Can Break the Law on Your Camping Trip

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The end of summer is approaching, making it prime-time for camping trips. Just be sure to avoid any behaviors that are illegal under state and federal law while enjoying the wilderness with your friends and family. Remember: just because you are alone in nature does not mean you are absolved of your duty to adhere to the law!

Continue reading to learn the top 4 most common crimes people commit while camping to better protect yourself from making similar errors in judgement.

Indiana Criminal Defense 317-636-7514

Indiana Criminal Defense 317-636-7514

➀ Hunting Protected Species

Hunting and trapping your meal is a common camping trip activity. Just be sure you are not hunting or trapping any species that is listed as endangered or protected by the state or federal government. Check with your local Department of Natural Resources to review a list of protected species to avoid this mistake. If you are caught hunting, killing, trapping, or transporting an animal on the protected list, you can face criminal charges, heavy fines, and jail time.

➁ Gun Control

Although federal law permits people to carry loaded firearms while visiting national parks and wildlife refuges, you are still obligated to obey all local and state gun control laws. Some jurisdictions are more strict than others, so be sure to check with the county clerks’ office to review the gun laws in the area you’ll be camping.

➂ Vandalism

Vandalism comes in many forms. Even if you consider it art, the state might not. A common crime that is committed by campers is types of graffiti, tampering, or painting of park or state property. In fact, defacing or damaging national park property is a federal crime, meaning you can face felony charges if caught. So needless to say, do not be tempted to write your initials with a sharpie on a rock wall, carve your name into a tree, “tag” a stop sign, or anything else considered vandal acts.

➃ Drug Use

Just because you are in nature, far from society, it does not mean you are exempt to possession and usage laws regarding illegal drugs and substances. If you are caught smoking marijuana, or using other illegal drugs, you will be criminally charged and face a long list of legal consequences. You may think you are all alone out there on the camp grounds, but park rangers and police are close by, protecting the lands.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges 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!

Can Parents Be Held Liable for their Kids’ Crimes?

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Many parents view their own kid’s bad behavior as a way of them letting off steam, or even the result of them being thrown into socially and emotionally-charged environments or situations (i.e. school, divorce, death in the family, relocating, health conditions, etc.). But sometimes, a child’s actions cross the line from “typical” to criminal. So what happens when a child goes too far and knowingly commits a crime? Are the parents ultimately responsible for the damages caused by their child’s actions? Could the crimes of their children been prevented with timely parental intervention or supervision? Continue reading to learn the answers to these questions and more.

Up to 18 Years of Age

For children up to 18 years of age, parents can absolutely be held liable for any negligent, intentional, or criminal acts carried out by them. This is colloquially referred to as “parental liability” and falls into two categories: Civil parental responsibility and criminal parental responsibility. For the sake of this blog, we will take a closer look at criminal parental responsibility.

Civil liability would encompass property damages, personal injuries, slander, and other types of civil wrongdoings. It is possible for a person to commit a civil wrong-doing and a crime in one isolated act, such as putting lit fireworks in a mailbox. Not only is the mailbox destroyed and compensation can be recover for that loss, but blowing up a mailbox is also vandalism, which is illegal.

Criminal Parental Responsibility

Criminal parental liability holds parents criminally responsible for any crimes committed by their underage children, including allowing them access to a firearm and internet crimes. The laws surrounding criminal parental liability laws varies from state to state so it is important to discuss your city’s regulations on child/parent liability with a criminal attorney. Parents can be charged and sentenced, as well as, forced to pay restitution for property damages and compensation for injuries.

Indiana Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime, including minors. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.

Are Synthetic Drugs Illegal?

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Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

Indianapolis Criminal Defense

Indianapolis Criminal Defense 317-636-7514

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.

What Happens to Foreign Nationals that Commit Crimes in the United States?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The United States Immigration and Customs Enforcement Office, or ICE, enforce various federal laws concerning border control, immigration, trade, and customs for the United States of America, in order to uphold homeland security and public safety. They do everything in their power to prevent threats and acts of terrorism, human trafficking, illegal trading, illegal importing and exporting, transnational crimes, and much more, all while focusing on smart immigration enforcement. ICE is an integral part of our country’s national security, and as U.S. citizens, we should be very grateful for their efforts. Continue reading to learn more about immigration court, and how non-citizens are informed of an indictment in the United States.

Illegal Immigrant Crimes

If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.

This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.

When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.

Indiana Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. He is a seasoned criminal defense lawyer that will fight to protect your rights and preserve your freedoms after being charged with a crime in Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.