Tag Archives: Indianapolis Criminal Defense Attorney

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!

A Comparison of Circuit and District Court Systems

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The American judicial system is made up of several different court systems, all of which are further divided into state or federal courts. Two of the most common courts within the federal court system are circuit courts and district courts. With so many courts in existence, it can be quite confusing for the average person unfamiliar with state and federal law.

If you are facing criminal charges, it is wise to understand the difference between the two. Continue reading to do just that.

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

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 penalization. District courts cover ninety four different geographic regions within the United States, including linked territories like Guam, the Virgin Island, Puerto Rico, the District of Columbia and the Northern Mariana Islands.

Although reserved for federal cases, there are some states, such as Florida and Texas, which refer to their stat-level court systems as “district” courts. In a district court, a single judge resides over a case. Federal cases are first sent through the district court system, and then work their way up the judicial system depending on the outcome in district court. After a case is ruled on, the verdict can be appealed in appellate court, otherwise known as the circuit court system.

Circuit Court Systems

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. Rather than handing down sentences and penalties, they oversee appeals on federal cases.

Circuit courts exclusively cover thirteen administrative regions within the United States. In a circuit court, a panel of judges (usually 3) reside over a case, and then rotate through each of the 13 regions in the “circuit”, hence the name. Since only about 1% of cases are accepted and seen by the Supreme Court, circuit courts basically set legal precedent.

Questions About Your Felony Charges?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your felony 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 a Child Be a Witness in a Criminal Case?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children.

But when you imagine a person testifying in court as a witness, it is not common to envision a child on the stand. However, it is a situation that does happen every now and then, but only under specific circumstances.

Continue reading to learn some basics about children witnesses.

Competent Witnesses

So what constitutes a competent child witness? A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies. These qualities can be found in very young children, as well as pubescent and young adults. A judge ultimately determines a child’s competency to testify in trial. It is common in these cases for judges to order a psychological evaluation to assess the child’s credibility.

General Rules and Exceptions

Witnesses are generally excluded from the majority of a court hearing. Usually, they must wait outside the courtroom until they are asked to take the stand. This avoids witnesses from changing their testimony after hearing other witnesses talk about the case. However, this rule may not be enforced in the case of a child taking the stand to testify. Often times, judges will permit a parent, guardian, or therapist to chaperone the child through the duration of the hearing.

Another exception that is often made for child witnesses is the right to give their testimony via a closed-circuit television or monitor. Many states have laws that protect child witnesses, especially those who are victims of abuse or assault. Rather than testifying in the same room as an abuser or offender, a child is allowed to provide their testimony from a safe location. Videotaped depositions are also used.

Talk to a Trusted Attorney

It is important to discuss your legal questions with your trusted Indianapolis criminal defense attorney for the best guidance and support. If you do not already have a licensed criminal defense lawyer working on your case, you need one right away.

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

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. We offer free initial consultations, so there is no out-of-pocket obligations to you.

The 8 Phases of a Criminal Case

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In a criminal case, there is standard series of developments you can expect to take place. The first phase always starts with an arrest of some sort, whether as a result of a warrant or an actual physical apprehension. Continue reading to learn the rest of the 8 general steps of a criminal case.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

❶ Arrest

As mentioned, interest can take place in many forms. Most often, a defendant is arrested in person by a law enforcement officer; either because they were suspected of committing the crime at the time, or they were stopped for a routine offense and later found to have a warrant out for their arrest. Other times, a defendant is notified of a warrant and must surrender to authorities by being placed under arrest at the jail, and then continuing with the rest of the criminal justice process.

❷ Bail

After defendant is arrested, a presiding judge will decide whether or not they can be granted bail privileges. Most often, a defendant is provided the opportunity to post bail unless they are a repeat offender, or have a history of failing to appear for court hearings. Bail is set using the state’s bail schedule, which categorizes bail amounts in accordance with the severity of crime. There are several options a person can choose to obtain a release from jail through bail. They can pay the entire bail premium amount in cash (or collateral of some sort), and receive the money back when they complete all mandated court orders; or, they can hire a local bail bond agency and pay a nonrefundable fee that is only a mere percentage of their total bail premium. A defendant can also be released on their own recognizance, often referred to as being “OR’d” from jail. Under this circumstance, a defendant does not need to pay bail, but is still required to appear for all of their court hearings.

❸ Arraignment

A defendant’s first court appearance is called an arraignment. During an arraignment, a judge will read a defendant’s criminal charges, and then gives the defendant an opportunity to plead “guilty” or “not guilty” to those criminal charges. Sometimes, bail is also discussed. Also during an arraignment, future court hearings will be scheduled and arranged.

❹ Preliminary Hearing

Most often, the government brings criminal charges against a defendant in one of two ways. For minor to moderate charges, a bill of information is secured during a defendant’s preliminary hearing (also known as preliminary examination). For more serious charges, especially federal offenses, the government may use a grand jury indictment to bring criminal charges against the defendant. This is common with more serious offenses, such as white-collar crimes and murder. In fact, all federal offenses must be brought by a grand jury indictment. Both such hearings take place for the purpose of establishing the existence of probable cause. The prosecuting and defense attorneys will question witnesses and makes arguments at this time, but if probable cause is not found, the case will be dismissed entirely.

❺ Pre-Trial Motions

If probable cause is found, a defendant will be forced to stand trial. This starts at the pretrial motion, which is brought forth by both parties. During a pretrial motion, any issues remaining from the preliminary hearing or indictment will be resolved and finalized, and all evidence and testimony that will be admissible at trial is verified.

❻ Trial

Trial is one of the most important court hearings because it is the hearing in which the defendant learns if they are found guilty or not guilty for the criminal charges brought against them by the prosecution. At this particular hearing, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges “beyond a reasonable doubt.” Once all arguments and witness testimonies are complete, the jury must come to a unanimous verdict that decides whether or not the defendant is guilty or innocent. If the jury cannot come to unanimous verdict, the presiding judge will declare the trial a mistrial. In this case, the trial is either dismissed or a new jury is chosen. If the defendant is found guilty, the court will then sentence them.

❼ Sentencing

The sentencing segment of a criminal case can take place separately from the trial, or at the same time as the trial. During sentencing, the judge will hand down the penalties for the criminal charges committed by the defendant. In order to determine the proper penalty for defendant, courts will consider various factors, including criminal history, mental health, personal circumstances, and even a defendant’s degree of remorse.

❽ Appeal

After a trial takes place, a defendant has the option of appealing their conviction. This takes place in appellate court, and usually a certified appellate attorney is hired for the job. However, defendants may also use their existing criminal defense attorney to file their appeal with a higher court.

Keep in mind that these basic stages can vary from case to case depending on a wide range of influential factors, including whether or not a defendant chooses to enter into a plea bargain. It is best to discuss your criminal defense with a licensed and trusted Indianapolis criminal defense attorney in your area in order to avoid the maximum penalties for your criminal charges.

How to Get Started on Your Defense

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. Call as soon as today!

Indiana Filing Fees and Costs for Criminal Cases

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If you are facing criminal charges, it is time to start educating yourself on all the legal processes and requirements surrounding your case. You can expect two of those requirements to be court costs and filing fees. The Indiana Supreme Court, Division of State Court Administration, has a set system for filing fees and court costs for criminal cases. Continue below to review each one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Criminal Costs Fee = $120.00 (IC-33-37-4-1)

Law Enforcement Continuing Education Fee = $4.00 (IC 33-37-5-8(c))

Jury Fee = $2.00 (IC-33-37-5-19)

Document Storage Fee = $2.00 (IC-33-37-5-20)

Automated Record Keeping Fee = $7.00 (IC-33-37-5-21)

Public Defense Administration Fee = $5.00 (IC-33-37-5-21.2)

Judicial Insurance Adjustment Fee = $1.00 (IC-33-37-5-25)

Judicial Salaries Fee = $20.00 (IC-33-37-5-26)

DNA Sample Processing Fee = $2.00 (IC-33-37-5-26.2)

Court Administration Fee = $5.00 (IC-33-37-5-27)

Total Criminal Fees = $168.00

The total cost of criminal fees can be $181.00 if the office requires the sheriff’s service of process fee of $13.00.

Costs and Fees That May or May Not Apply:

Alcohol and Drug Services Program Fee – This fee only applies if the particular county in which the offense took place has a drug and alcohol program. The fee varies, but cannot exceed $400.

Drug Abuse, Prosecution, Interdiction, and Correction Fee – This fee is only added if a conviction falls under I.C. 35-48-4. The fee ranges between $200 and $1,000.

Countermeasures Fee – This fee is only added if a conviction falls under I.C. 9-30-5 and results in a driver’s license suspension. The general fee is $200.

Child Abuse Prevention Fee – This fee is only added for specified offenses and convictions that involves a victim under 18 years of age. The general fee is $100.

Domestic Violence Prevention and Treatment Fee – This fee is only added for specified offenses and convictions that involved relationship parties. The general fee is $50.

Highway Work Zone Fee – This is a 50 cent fee for traffic offenses. The fee can increase to $25.50 if the offense involved speeding in a worksite or failure to merge.

Safe School Fee – This fee is only added for convictions that involve the use or possession of a firearm. The fee ranges between $200 and $1,000.

Sexual Assault Victims Assistance Fee – This fee is only added for specified offenses and convictions. Generally, the fee ranges between $250 and $1,000.

Late Payment Fee – This fee is only added if all conditions of the statute are met. The general late payment fee is $25.

** Find more information about each fee, here.

Contact Information for the Indiana Supreme Court:

Division of State Court Administration
30 South Meridian Street, Suite 500
Indianapolis, IN 46204

Phone Number: (317) 232-2542
Fax Number: (317) 233-6586

Where to Start

If want a chance at avoiding jail time or having your charges dropped or reduced, you need a skilled Indianapolis criminal defense attorney working your case. 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.

Retain Aggressive 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 white collar 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.

Proper Conduct for a Trial Witness

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Whether a defendant or not, if you must testify as a witness in court over a criminal matter, it is important to conduct yourself responsibly. There are several things you should and should not do as a trial witness, especially since you can be held legally accountable for your actions, or lack thereof.

Continue reading to learn what you need to know about being a good witness, including who you should trust for legal guidance and support.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Be a Good Trial Witness

A witness in court could be an actual defendant, a field professional, or some other person somehow associated with the case. Regardless if you are facing the court as a defendant or individual witness, it is important to do your duty, respectfully and responsibly; the court and trial judge will expect this from you. If you fail to conduct yourself accordingly, you could face certain penalties, most of which are within the discretion of the judge themselves.

Here is what you SHOULD do…

Always take a subpoena seriously. Be sure to respond according to instructions, and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge will be provoked, and potentially take a personal interest in you, if you ignore one.

Always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, you must always be honest with your criminal defense lawyer. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Always take your lawyers advice. When it comes to discovery and preparation for depositions and trial, it is important to listen to the advice of your criminal defense lawyer. They will tell you how to conduct yourself during depositions and in the courtroom. Make time for your lawyer, and be available to answer their questions and discuss the case.

Here is what you SHOULD NOT do…

Do not make an attempt at humor or charm at any time. Also, do not explain yourself too much. Simply answer the question; do not try to make the interviewer understand your answer by explaining yourself. You also want to avoid distractions so that you can pay close attention to the trial proceedings. If you are asked a question that you do not have the answer to, never take a guess. In fact, you have the right to ask for any question to be restated or rephrased so that you better understand its basis.

An Indianapolis Criminal Defense Attorney You Can Trust

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! Call 317-636-7514 to get started, today.

The Basics of Criminal Discovery

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When a person is accused of a crime, they have several rights according to our country’s Constitution. Of these rights, a common criminal process called discovery is not necessarily one of them. However, it is a process that can be highly pertinent to a criminal case.

Continue reading to learn more about the criminal discovery process and who to trust for professional legal advice regarding your criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514


The United States Constitution gives all criminal defendants the right to face their accuser in trial, but it does not provide them the right to know details of all the evidence the prosecution has against them. Although the U.S. Constitution does not decree this as a citizen right, there is a process known as criminal discovery that allows a defendant to have knowledge of the evidence that will be presented in trial in support of the prosecuting attorney’s case.

Most states do not give criminal defendants the automatic right to discovery, but many will still allow it depending on a range of factors. Each state has their own unique set of procedures for criminal discovery, all of which are contingent on timing, method, time frame, and more. Regardless of state legislation, all defendants have a particular constitutional right to exculpatory evidence, also known as “Brady Evidence” (Brady v. Maryland case). If a state fails to comply with this right, it is known as a “Brady violation.”

Civil vs. Criminal Discovery

The discovery process is a likely opportunity for both parties in civil cases, such as tort claims and divorces. That is because most states have rules that give all civil parties the automatic right to request any type of information or evidence. In criminal cases, however, the process is much different. In contrast to civil cases, the prosecution does not have to obtain evidence the defense would like to have; instead, they must disclose the evidence they already have against the defendant.

Similarly, state agencies have rules that govern how a defendant can get information about the evidence against them, including when they can obtain it and to what extent. Because a defendant must make a written motion to formally request criminal discovery, as well as, appear at a hearing to acquire a ruling approving discovery, it is strongly recommended to hire a licensed Indianapolis criminal defense attorney who can implement all the legal paperwork and defend your rights.

Criminal Defense That Doesn’t Stop Fighting For You

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

Common Questions About Criminal Defense Attorneys

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When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies among people and counties. But in all criminal cases, the most important step you can take as an offender facing jail time is to hire the right criminal defense lawyer. This is a critical to protecting your rights, preserving your freedoms, and securing a happy future.

Continue reading to learn some important answers to common questions about criminal defense attorneys, so that you can make the best decision for your legal defense and pending criminal case.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Do I Really Need a Criminal Defense Attorney?

If you want to avoid jail or have your charges dropped or reduced, you need to hire a criminal lawyer. You can opt for a public defender, but you have a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements by using private defense.

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.

All Criminal Defense Attorneys are the Same; Right?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under.

How Much Does it Cost to Hire a Criminal Attorney?

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!

Who Can I Talk to About My Case?

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.

Call Criminal Defense Attorney, David E. Lewis

David E. Lewis Criminal Defense Attorney

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

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Who Creates the Law?

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When it comes to law creation, it all starts with the United States Congress. They create and pass “bills”, which the President of the Unites States must sign to make it into law. However, not all bills signed into law are created equal. The federal court system can challenge these bills, and even have laws overturned, if they deem them unconstitutional. This has happened several times in our country’s history, most recently, in California regarding same-sex marriages.

Federal Crime Defense 317-636-7514

Federal Crime Defense 317-636-7514

State Law

As for state law, a similar process ensues, but it ensues on a state level, versus a federal one. Rather than congress, it is the state legislatures that create and pass on bills, which may or may not turn into state law. And rather than the U.S. President signing off on them, it is the state Governor instead. Similarly, however, state courts have the jurisdiction to review such bills and laws, and even have them overturned if they challenge or contradict the U.S. Constitution.

Judicial Hierarchy

When it comes to pecking order, judicial hierarchy starts with the federal court system, which includes district courts, circuit courts, and the Supreme Court. There are 94 district courts within the federal court system. These are trial courts that handle both civil and criminal cases. The federal court system also includes 12 court of appeals, also known as circuit and appellate courts. Appellate courts are in place to review the rulings of trial courts, which means they actually have more judicial influence than district courts.

The Supreme Court is the federal court that has ultimate power over all rulings within the United States judicial system. As the only court that was established by the Constitution, it has the power to judge whether federal, state, and local governments are acting within law, and can even decide if the President’s actions are constitutional or not. Mostly, the Supreme Court generally handles cases of National importance.

When They Conflict

There are several examples in which state and federal law conflict with one another, like in the case of medicinal and recreational marijuana usage, same-sex marriage, and even seat belt laws. Here are some possible scenarios:

❖ If state law provides a defendant with more privileges than federal law, state law will legally presume in that state. For example, if a person lives in a state in which medical marijuana is legal on a state level, but illegal on a federal level, the state law will prevail because it gives citizens more civil rights.

❖ In contrast, if state law allows for something that the federal law explicitly prohibits, such as possession of marijuana, the federal law will prevail in court cases.

❖ Also, if a state enforces more accountability on its residents than the federal law does, the state law will presume. This is common in regards to state and federal seat belt laws.

An Indianapolis Criminal Defense Attorney You Can Trust

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! Call 317-636-7514 to get started, today.

What to Expect From the Indiana Criminal Bail Bond Process

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When you need to bail a person out of jail, there are several different processes and procedures that must take place, and these steps will vary depending on the type of criminal charges and more. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Post Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them.

It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birth dates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract.

They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

An Indianapolis Criminal Defense Attorney You Can Trust

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! Call 317-636-7514 to get started, today.