Can I Request a New Public Defender?

Posted on November 6, 2017 by admin

Criminal Defense Law Firm 317-636-7514

Facing criminal charges is scary, so it is understandable that you would want somebody working hard to protect your rights and your freedoms. When it comes to public defense, you may not be able to get the one-on-one, full-time attention you would normally get from a private criminal defense lawyer, but at least you are getting some sort of legal representation. Sometimes, using a public defender is not always a bad idea. For smaller cases that are considered petty or minor offenses, public defense may be all you need to avoid the maximum penalties for your criminal charges.

Regardless of the severity of criminal charges against you, if you were appointed a public defender that you are not comfortable with, you may have the option to request a new one. Continue reading to learn the general grounds for changing public defenders before your trial.

Swapping Public Defenders

If your public defender is difficult to work with, and you believe their professional behavior will have a negative effect on the outcome of your case, you are likely wishing you could have a new one. Unfortunately, swapping public defenders is not something that is regularly granted by the courts. A defendant must have sufficient cause and evidence to be appointed a new counselor. Here are some examples of what might be considered sufficient grounds to request a new public defender:

Your public defender is…

☛ frequently late or missing appointments;
☛ failing to meet deadlines for documents and paperwork;
☛ failing to inform you of your case status or court dates;
☛ trying to force you to enter a plea you do not want;
☛ ignoring or not using important case evidence;

How to Do it

If you insist on moving forward with changing your public defender, you need to start by taking detailed notes in a journal of your experiences with the attorney, and try to gather evidence, including things like pictures, mail, documents, and screen shots of texted conversations to prove their inadequacies.

Next, you need to contact the public defenders’ office and get the information you need from the office representative. You will have some paperwork to file to make a formal request. In some states, defendants are required to write the judge a letter requesting a new public defender and why. The public defenders’ office will let you know what you need to do in your state.

If you drop your public defender without asking a judge to appoint you a new one, you may not be able to get another one at all. In this case, you would have to represent yourself and risking being sentenced to the maximum penalties for your charges, or you could hire a private Indianapolis criminal defense attorney, instead.

Indianapolis Criminal Defense

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Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense.

Understanding the Purpose of Arraignments in the Criminal Law Process

Posted on November 1, 2017 by admin

There are several stages to the criminal law process, including investigations, warrants, arrests, indictments, bail hearings, criminal discoveries, preliminary hearings, sentencings, appeals, and more. But when it comes to criminal court, the first step following an arrest is an arraignment. Although the nature and procedures for arraignments vary among jurisdictions and type of crime, they all serve the same agenda. Continue reading to learn more about arraignments and what to expect at yours or your loved one’s upcoming hearing.

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Arraignments

An arraignment is a fairly quick court hearing that is scheduled directly after a person’s arrest. When a person is arrested or a minor or non-violent crime, their bond amount is generally set at the time of arrest by the on-duty magistrate. This gives defendants the opportunity to post bond, get out of jail, and go on with their lives until they are notified by mail of their upcoming court hearing. This hearing is called an arraignment. For those arrested on more serious charges, and/or have several priors, they can be denied bail and must wait in jail until their scheduled bail hearing. Once their bail is decided on, the court hearings can begin, starting with the arraignment.

Their Purpose

Arraignments are fairly quick hearings that are generally over before a cup of coffee can go cold; however, they are one of the most crucial steps of the criminal law process for a defendant. Many things can take place at an arraignment, but the primary purpose is to notify the defendant of their rights in the criminal justice system, as well as the criminal charges against them, including the maximum penalties handed down upon a guilty verdict.

If a person has not been released from custody before their arraignment, it is common for their bail to be set at the same time since bail hearings are usually held around the same time as arraignments anyway. During an arraignment, it is also common for defendants to be given the opportunity to request public counsel; and if they qualify, the judge will approve it at the arraignment. Some jurisdictions will even request a defendant to enter an unofficial plea, even though it can be changed later on in the process.

Following an Arraignment

Once the arraignment takes place, the defendant receives a document as confirmation of initial hearing. This document proves that the defendant was read their rights and informed of their charges. From there, the rest of the criminal law process can take place. If a bail hearing has not already taken place, this could be the next step after arraignment. If bail has already been set, the next step is the criminal discovery process if it is permitted in their state. Otherwise, a preliminary hearing following by additional hearings, and then a sentencing trial is what generally comes next for a defendant.

Indianapolis Criminal Defense

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

Talk to an Indianapolis criminal defense lawyer for qualified and proficient answers to your criminal law questions. If you are facing criminal charges in Indiana, you need an experienced and aggressive counselor in your corner fighting for your rights. David E. Lewis, Attorney at Law, is the criminal defense lawyer who will work around the clock to ensure your freedoms are preserved. Call 317-636-7514 to schedule a free initial consultation to discuss your case, today.

What is a No-Contest Plea?

Posted on October 18, 2017 by admin

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When it comes to criminal cases, most of them end with a defendant accepting a plea bargain. This means instead of going to trial, a defendant pleads “guilty” to their criminal charges in exchange for an “incentive” from prosecution. Typically, this incentive involves recommending the judge to impose a lighter conviction or sentence, or even both. If a defendant denies a plea bargain and chooses to go to trial, they risk losing and being sentenced to the maximum punishment for their charges. The reason why many defendants accept guilt and choose a plea bargain is to avoid this risk altogether.

But not all cases end in plea bargains. There is something in the criminal justice world called a “nolo contendere” plea, which is a Latin phrase meaning, “I do not wish to contend.” This plea is more known as a “no contest” plea, and generally appeals to those who wish to avoid admission of fault in a civil or criminal case. And sometimes, prosecutors and judges are willing to accept this type of plea in particular circumstances.

Nolo Contendere

A “no contest” plea is essentially the same as a guilty plea since it comes with the same consequences. The only real difference is that the defendant is not admitting fault, but still accepting the conviction and subsequent penalties. The only benefit from a nolo contendere plea in a criminal case is personal integrity and satisfaction, and nothing else. However, in a civil case, no-contest pleas are beneficial for those who insist they are innocent of all allegations even though they cannot beat the evidence against them. Here is an example:

Tim and Richard are patrons at the local baseball game. They get into a physical altercation that ends with Richard striking Tim in the face, giving Tim a broken nose. The police are called to the scene and later on, Richard is prosecuted by the state for criminal assault. Separately, Tim hires a personal injury lawyer to file a third party civil suit against Richard to recover compensation for his losses and damages as a result of the broken nose. Since Richard is facing both criminal and civil cases, his lawyer would insist on allowing a no-contest plea for the criminal charge, so that Richard could evade liability in the civil lawsuit.

Defendants are not given the choice or right to enter a no-contest plea. It is up to the discretion of the judge to permit this type of non-admittance. And it is not a common allowance in criminal court. The laws surrounding nolo contendere pleas vary from state to state. If you have questions regarding plea deals in criminal cases, talk to your Indianapolis criminal defense attorney for details pertaining to your specific jurisdiction.

Call David E. Lewis, Attorney at Law, at 317-636-7514 for criminal defense in Indiana you can trust. Free initial consultations are waiting for you!

How Much Will it Cost to Hire a Defense Attorney?

Posted on September 18, 2017 by admin

If you are facing criminal charges, it is in your best interest to get in touch with a criminal defense lawyer as soon as possible. Not only will this better protect your rights and preserve your freedoms, it is the best strategy to avoid the maximum penalties for your offense. Many people are turned off, or stressed out, by the idea of having to hire a private lawyer because of budgeting reasons.

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The U.S. constitution may give you the right to public counsel, but this is not a great idea for anyone facing moderate to serious charges. Private Counsel is the best way to go if you want a better outcome and future for yourself. Don’t let money hold you back from moving forward with a happy and healthy, stress-free life. You simply cannot put a price on security and contentment. Continue reading to learn how lawyer costs are arranged, and what to expect to pay for your defense.

Variables That Influence Lawyer Costs

There are several factors that influence the amount of money it will cost to retain criminal defense. These factors are further varied depending on the state you live in and the local jurisdiction. Here are the primary factors, but not all, that impact the final cost of legal representation:

✦ Client’s Income – Your personal income determines whether or not you are eligible for public, court-ordered legal representation. However, sometimes your income can also influence how much a private criminal defense lawyer chooses to charge you for their service. You never know unless you ask.

✦ Investigatory Process – Depending on the severity of the crime and the seriousness of the case, your criminal defense lawyer may need to implement a certain level of investigation, including hiring experts, psychologists, doctors, researchers, chemical testing, travel expenses, and more. These costs will be added to a final bill.

✦ Lawyer Fees – A criminal defense attorney’s private rates are a key part of the total cost of legal representation. These fees will vary from law firm to law firm, as well as, lawyer to lawyer. They will also vary depending on several other factors, such as the skills and experience of the attorney, the severity of the crime, the complexity of the case, whether the case goes to trial or not, and more. Very few criminal defense lawyers charge a flat-rate fee for their services, unless it is a quick, open and close case, such as a traffic ticket.

Average Costs

Most criminal defense lawyers charge hourly, meaning every hour they spend on your case is billed to you. With all of the above-mentioned factors, you can expect your total cost of legal representation to range between $1000 and $4000, give or take. For more serious, lengthy cases, it can exceed $20,000 or more. Your criminal lawyer will be happy to discuss the expected total costs of their services upfront. Use an initial consultation to learn this information and prepare yourself for criminal defense.

An Indianapolis Criminal Defense Attorney You Can Trust

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.

Who is Considered a Juvenile?

Posted on August 14, 2017 by admin

Under Indiana law, a juvenile is a person who is between 10 and 17 years old. Once a person turns 18, they are considered adults in the eyes of the law. Continue reading to learn more.

Juvenile Criminal Lawyer 317-636-7514

The definition of a juvenile is not universal. The specifics regarding the start and end of the juvenile age spectrum vary from state to state, and even under federal law. In terms of committing crimes, juveniles are tried differently depending on a number of factors, including the severity of the crime and age of the juvenile. In most cases, juveniles who commit crimes are tried in the juvenile court system. However, if a juvenile is close to their 18th birthday, and their crime was egregious or severe, they can be tried in the adult criminal court system.

Juvenile Court

The juvenile court system has a separate set of rules and procedures. One of the most apparent differences between juvenile and adult criminal court is the level of rights given to defendants. Juveniles are entitled to less rights than defendants in adult criminal court since they are usually still under their guardians custody. For instance, many states do not allow trial by jury for juvenile offenders; however, all states give juveniles the right to an attorney and the right to an appeal.

Minor Versus Juvenile

Many people are confused by the term minor. A minor is both the same and different from a juvenile. A minor is any person that is prohibited to perform a certain activity, such as driving a car, voting, and drinking alcohol. If a person is under the age of 21, they are considered a minor when it comes to alcohol consumption. If a person is under the age of 18, they are considered a minor when it comes to voting. In contrast, juveniles are specifically persons between a certain ages.

Children Under 10 Years Old

If a child under the age of 10 years old commits a crime, they are not tried in the juvenile court system. Instead, they are entered into a state-run or government-administrated social services program. Here, they are evaluated and rehabilitated by professionals in the social service and child care industries. It is important to talk to an experienced Indianapolis criminal defense attorney if your juvenile or child has been charged with a crime. They have the knowledge and resources to defend your child’s case and avoid the maximum penalties for their charges.

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child is facing criminal charges in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations, so be sure to schedule yours today.

Can Backyard Barbecuing Be Illegal?

Posted on July 10, 2017 by admin

Before you get set to grill out this summer, be sure your barbecue practices adhere to the law.

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You wouldn’t think that an innocent backyard barbecue could possible break the law, but it can. Looking back to an online video that went viral two summers ago, after several neighborhood complaints, a Florida resident was confronted by a county environmental inspector who insisted that they contain their barbecue smoke and odor to their own property. Although the man was never cited, but he could have been if he had chosen to not comply. So what’s the problem? Continue reading to learn how a backyard barbecue can turn illegal, and how to grill out with your legal rights.

Air Pollution and Fire Safety Ordinances

The two most common reasons why barbecue practices can be illegal are air pollution and fire safety ordinances and regulations. Certain grilling practices may breach the local ordinances surrounding these two issues, in which case, a person could be cited and fined. These rules and regulations vary among jurisdictions, so it is important to learn what you can do to stay within the boundaries of the law.

What To Do:

Check Your City Code – Cities have certain fire safety codes that all citizens must adhere to or they can be subjected to legal penalties. These codes vary, but there are common ones that remain the same in most cities. For example, a common city ordinance mandates that all grills remain at least 10 feet away from anything combustible, including walls. Another prohibits the use of charcoal and wood-fired grills on balconies and fire escapes. Also, local city air pollution codes can affect a person’s ability to grill out.

Check Your HOA – For those who live in residential communities with a Homeowners’ Association (HOA), you will need to check their rules and regulations about grilling out, too. This includes condos, gated communities, and suburban neighborhoods. For instance, these places generally have wooden decks, and grilling on a wood deck is a fire hazard. This affects the community’s ability to be insured, so many prohibit the practice altogether.

Check Your Lease’s Fine Print – If you rent, or live in an apartment, you may need to refer to your lease to check on your grilling rights. In the lease, there may be certain restrictions laid out for tenants and their guests. For instance, most apartment complexes prohibit propane grilling since most city gas codes state that you can’t store standard propane cylinders on a balcony, roof deck, backyard, or in a communal courtyard. In other cases, apartment complexes allow natural gas grills so long as they are designed for residential use and the gas lines are installed by a certified plumber.

Consequences

The most common consequences are citations and fines. These can range from a few hundred dollars to several thousand, depending on the violation. Talk to a licensed Indianapolis criminal defense attorney about your city citation or legal matters, and learn how you can reduce or dismiss the charges or penalties against you.

Aggressive Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.

FAQs About Juvenile Criminal Law

Posted on June 21, 2017 by admin

Juvenile Criminal Lawyer 317-636-7514

When children are in trouble with the law, they are sent through the juvenile court system. During this time, parents are reeling with questions and concerns regarding their minor’s future and freedom. If your teenager is currently facing criminal charges, you are likely to be full of questions too. Continue reading to learn the answers to the most frequently asked questions about juvenile law and the juvenile court system.

Frequently Asked Questions

What is Juvenile Court?

Because juvenile crimes are handled differently than adult crimes, they require a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes.

Who are Juveniles?

Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Do Juveniles Have a Right to a Trial Jury?

In adult criminal court, the United States Constitution gives you the right to a trial jury. However, in juvenile court, this right is not usually granted. Some states do allow it, including Kansas and New Hampshire.

Do Juveniles Get an Attorney?

If we lived prior to 1964, a juvenile could not have an attorney represent their case in court. However, in the 21st century, juveniles are given the right to an attorney, and even given to opportunity to free counsel from a public defender.

Can Adults Be Charged for a Crime They Committed as a Minor?

This is not very common, but it can happen. It usually happens for very serious offenses, such as rape, armed robbery, and other violent crimes. It depends on the age of the offender when the crime was committed, the type of crime committed, the current age of the offender, and more.

How Long Can Juveniles Be Sentenced to Detention?

Just like adult criminal court, the length of time a juvenile will spend in detention depends on the severity of the crime and their criminal priors. There is no limit or typical sentence, but for major crimes, sometimes juveniles are transferred to an adult penitentiary once they reach 18 years old.

Indianapolis Criminal Defense for Minors

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can I Use the Indiana Supreme Court Law Library to Research My Criminal Case?

Posted on June 14, 2017 by admin

The Indiana Supreme Court Law Library had its start after the year of 1867 when Indiana legislature passed an Act that gave the Supreme Court ownership and access to law books, which originated in the state library.

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Their Mission

The mission of the Indiana Supreme Court Law Library is to provide a means of research for law officials, magistrates, judges, and staff and agencies of the Supreme Court and Court of Appeals. It is also the primary law library in Indiana for various state agencies, as well as, all members of the private bar (lawyers), the Governor’s Office, the state legislature, and the general public.

What They Offer

The Indiana Supreme Court Law Library retains a full inventory of over 70,000 volumes of legal materials, law books, periodicals, case histories, court records, and more. It is also a storehouse for any publications produced under grants from the State Justice Institute. http://www.sji.gov/ It is even a selective storehouse for certain United States Government publications. The contents of the Indiana Supreme Court Law Library is accessible to all magistrates throughout the state.

Contact Information

State House, Room 316
200 W. Washington Street
Indianapolis, IN 46204

PHONE: 317-232-2557
FAX: 317-233-8693

Mon- Fri 8:30am to 4:30pm

Get Help With Your Criminal Case

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

If you are looking for resources to better educate yourself on the criminal charges you are facing, the Supreme Court Law Library is a fantastic place to start. It is in your best interest to speak with a licensed and experienced Indianapolis criminal defense attorney to better understand the language and legal jargon you will come across during your studies. They can clearly define the charges and circumstances you are facing, as well as, build a custom, impactful defense to protect you against the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations, so be sure to schedule yours today.

The Penalties for Getting Caught With Marijuana in Indiana

Posted on March 1, 2017 by admin

Indianapolis Drug Crime Lawyer 317-636-7514

Although there has been a rising trend of legalizing certain forms of marijuana possession, use, and cultivation throughout the country, Indiana is not a state that has joined in with the rest. Marijuana laws are still in full-effect, which means the possession, use, and cultivation of marijuana is still very-much illegal in all senses. If you are caught breaking any drug possession laws for marijuana, you are bound to face penalties. Continue reading to learn what you can expect if you are facing marijuana possession charges in Indiana.

Indiana Marijuana Laws

Under Indiana criminal law, marijuana also includes hash and hash oil. The legal ramifications you face depend on the amount of marijuana you are caught with, and your intended use. Penalties are harsher for those who intend to sell or distribute marijuana, rather than those who only intend to use it for personal use. Then there are several enhancements that can increase the penalties you face for possession of marijuana. Common enhancements factored into drug possession penalties include priors, manufacturing, within 500 feet of school grounds or school bus, in the presence of children, dealing to minors, and more. If any of these factors are true of your crime, penalties will likely be more severe.

Under 30 Grams of Marijuana =

‣ Class A Misdemeanor
‣ Up to 1 Year in Jail
‣ Up to $5,000 in Fines

Over 30 Grams of Marijuana =

‣ Level 6 Felony
‣ Up to 3 Years in Prison
‣ Up to $10,000 in Fines

Enhancements and Conditional Discharges

Indianapolis Drug Crime Lawyer 317-636-7514

If certain enhancements apply, including intent to sell and distribute, charges can be increased to Level 5 felonies, which are punishable by up to 8 years in prison and $10,000 in fines. If a person is caught for the first time with marijuana, they may be eligible for “conditional discharge”, which is basically a “free pass” on a marijuana charge. Upon conditional discharge, an offender is usually ordered to perform other forms of penalties, including supervised probation, random drug screening, community service, and fines.

Marijuana charges are not simple. They vary from case to case, and can be quite complex. For this reason, it is vital to hire an experienced Indianapolis criminal defense lawyer if you are facing marijuana charges in Indiana. They have the knowledge and resources necessary to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing drug charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our criminal defense law firm offers free initial consultations to discuss the best strategies for defense. Call 317-636-7514 to schedule yours, today.

What To Do After Receiving a Subpoena

Posted on February 1, 2017 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

A subpoena is a court-issued legal document that is typically received via postal mail. There are two types of subpoenas, both of which requires a recipient to provide evidence or information in court. The first type of subpoena requires a recipient to provide an oral testimony in court. The second requires a recipient to provide records and information to the court, such as documents, video recordings, audio recordings, and other forms of evidence.

Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.

Were You Subpoenaed?

Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.

For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.

If you were subpoenaed, here’s what to do:

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The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.

If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.

If you need to deliver a subpoena…

Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn more about subpoenas in Indianapolis, Indiana. If you are involved in a criminal matter that requires your testimony, speaking with a seasoned Indianapolis criminal defense attorney can clear up any confusion or anxiety you have about the case and the information you retain. Protect your rights when involved in a subpoena request. Call 317-636-7514 to get started today.