How to Prepare for Your Day in Criminal Court

Going to criminal court can be a nerve-wracking experience, and it’s important to go in prepared. Whether you are the defendant or a witness, understanding what to expect on your day in criminal court is vital for a successful outcome. Below are some tips that will help you prepare for the proceedings. With these steps taken care of beforehand, you’ll feel more confident walking into court and better positioned to protect your rights and interests throughout the process. Continue below to get started.

Call 317-636-7514 to a Criminal Case Attorney in Indianapolis Indiana
Call 317-636-7514 to a Criminal Case Attorney in Indianapolis Indiana

Preparation Tips for Defendants Who Wish to Represent Themselves in Court

Organize Your Paperwork

Before you appear in court, make sure you have all of the paperwork related to your case. This should include your criminal complaint or indictment, any subpoenas and orders issued by the court, and documents belonging to other parties involved in the case such as police reports and affidavits. Having everything organized will help you feel more prepared for what’s ahead.

Dress Appropriately

On your day in criminal court, dress as if attending a professional meeting or job interview. Avoid wearing anything too casual like t-shirts and jeans, revealing clothing, or loud colors and patterns that may be distracting during a trial. Remember that this is an important day for you so it’s best to look presentable at all times.

Know the Charges Against You

Knowing the details of your case is essential for defending yourself in court. Make sure to review the criminal complaint or indictment and familiarize yourself with the charges brought against you and what penalties may be imposed if found guilty.  This will also help to ensure that any plea bargain offered by prosecutors is fair and allows you to avoid harsher punishments down the line.

Be Aware of Any Potential Witnesses

In some cases, there may be a witness present in court who can testify on behalf of either party involved in the case. If this is the case, make sure to research their background beforehand so that you can prepare an appropriate legal argument based on their testimony if needed. It’s also important to research any potential witnesses listed in the criminal complaint or indictment as they could be essential to your defense.

Review Evidence That May Be Presented

A good way to prepare for a criminal court appearance is by reviewing the evidence that may be presented during the trial. This can include items such as photographs, audio recordings, or documents gathered by law enforcement officers. By familiarizing yourself with this material before it’s presented in court, you can better defend yourself if needed and ensure that all of your rights are being respected.

Research the Judge Who Will Preside Over Your Case

Knowing who will be presiding over your case is another important step when preparing for a day in criminal court. Researching their background, history on similar cases, and any potential biases they may have towards you (or your defense) can help you determine the best strategy to take during the proceedings.

Consider Hiring an Experienced Criminal Defense Attorney

The best way to ensure you avoid the maximum penalties for your charges is to NOT represent yourself, and instead, hire a criminal lawyer. An experienced criminal defense attorney can be extremely beneficial when it comes to preparing for and representing yourself in a criminal court trial. They will help ensure that all of your rights are being respected, guide you through the legal process, and provide advice on how to effectively defend yourself in court. Ultimately, a good lawyer is essential for achieving an outcome in your case.

Conclusion

By following these steps, you’ll be well-prepared for your day in criminal court and better positioned to protect your rights throughout the proceedings. With the right preparation, you can face the court with confidence.

Are you looking for a skilled and experienced defense attorney to represent your best interests in court? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!

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Facts About the Cost of Going to Jail

How much does it cost for a person to go to jail in Indiana? This is a question that doesn’t have a straightforward answer, as the cost of incarcerating someone can vary greatly depending on the county in which they are imprisoned. However, according to recent data from IN.gov, the average daily cost of jailing an inmate in Indiana is $52.61 per day. This means that the annual cost of imprisoning someone in Indiana averages out at around $19,202.65.

These costs are absorbed by taxpayers and come in the form of court fees, police salaries, housing costs, health care-related expenses, and other associated costs. The cost of incarcerating someone is significantly higher than the cost of providing early intervention services such as mental health treatment or drug abuse programs that could improve an individual’s chances for rehabilitation.

Continue reading to learn more.

To Speak With a Certified Indiana Criminal Defense Lawyer, Call 317-636-7514 Today!
To Speak With a Certified Indiana Criminal Defense Lawyer, Call 317-636-7514 Today!

How Much Does Jail Cost in Indiana?

The cost of jail in Indiana is an expensive burden to bear for those who are incarcerated. In addition, the costs associated with the incarceration process can be quite high, depending on the length of time spent behind bars, the types of services or programs needed while in custody and other factors.

In Indiana, one of the primary expenses associated with incarceration is the cost of housing an inmate. Jail space must be paid for in most cases and this cost can range from $20 to $100 per day, depending on the institution and its type. This means that a person serving a lengthy sentence could incur thousands of dollars in costs just to remain behind bars.

In addition, there are also additional costs associated with Indiana’s incarceration system. For example, inmates may be required to pay a fee for medical care, treatment and/or counseling while in jail. In some cases, an inmate’s family may also be charged fees related to visitations or other services they receive while in custody.

Finally, those who are convicted of a crime in Indiana must pay restitution to the victims involved in their cases. Restitution payments can range from hundreds to thousands of dollars and must be paid in full before an individual is released from custody.

Hire a Criminal Defense Lawyer to Reduce Incarceration Costs

The cost of incarceration in Indiana can be a significant financial burden for those who have been charged with or convicted of a crime. It is important for those who are facing incarceration to understand the potential costs associated with the process in order to ensure they are fully prepared to handle them. In addition, consulting a qualified criminal defense attorney can help individuals better understand their rights and legal options before going to trial.  With proper guidance and representation, individuals may be able to minimize the financial consequences of an incarceration sentence.

Are you facing criminal charges that will most likely post jail time in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who can get you the best possible outcome for your case. We can hold meetings over the phone or in person at our Indy-based office.

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Will I Be Eligible for a Diversion in Criminal Court?

After being charged with your first offense, the courts may decide that you are eligible for a diversion program. Diversion programs allow defendants to avoid a conviction and sentence by completing certain requirements, such as drug treatment or community service. These programs can be beneficial for first-time offenders or those with non-violent crimes. Speak to your attorney about whether you may be eligible for a diversion program in your case.

Continue below to learn more about diversion programs, including what it might mean for your future and your freedom if you are granted this legal option.

Criminal Lawyer  Indianapolis Indiana 317-636-7514
Criminal Lawyer Indianapolis Indiana 317-636-7514

What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

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Why Choose Our Criminal Defense Law Firm in Indianapolis

The Law Office of David E. Lewis is your top resource for superior criminal defense in Indianapolis, Indiana. When you are looking for a skilled and aggressive crime lawyer, Attorney David E. Lewis and his esteemed legal staff are the team to have in your corner. Our Indianapolis Indiana criminal defense law firm will build you a strong and impactful defense against your criminal charges, giving you the best possible outcome in court. Avoid harsh penalties and jail time by calling the Law Office of David E. Lewis today for your free consultation.

Continue below to learn why so many Hoosiers choose us to beat or significantly reduce their criminal charges throughout Central Indiana, plus how to get started on your defense as soon as today.

Indianapolis Criminal Law Firm 317-636-7514
Indianapolis Criminal Law Firm 317-636-7514

The Law Office of David E. Lewis

Indianapolis Criminal Defense That Works

Here at the Law Office of David E. Lewis, you can expect to be treated with the utmost care and respect. We see you as the person you are, not the person. The courts are accusing you of being. Regardless of your crime or criminal charges, we are here to obtain a better legal outcome for you. We will work around the clock to build you a strong and impactful defense to significantly reduce or even dismiss your criminal charges entirely. Trust us to work on your case as if it were our own matters at stake.

Criminal Matters are Complex

Our Indianapolis defense attorneys know that your criminal matters are confusing to you and that you may not know which steps to take after being arrested or indicted on criminal charges in Indiana. If under investigation or charged with a crime in Indiana, your future and freedom could be in jeopardy. Your next few moves could greatly influence and impact your case, so having an adept defense attorney on your side is a monumental advantage for yourself and your future.

Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

From start to finish, our criminal defense attorneys take your legal matters seriously. You can count on us to protect your rights and preserve your freedoms at all costs. We have full knowledge of criminal law on both state and federal levels, plus retain years of experience serving Hoosiers just like yourself. Our case results are prima facie evidence that our law firm is the right choice for your criminal charges in Indiana.

Are you ready to schedule your free, no risk consultation with seasoned attorney who actually cares about the quality of your life? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

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Will Any Criminal Record Get Approved for Expungement?

If you are interested in learning more about petitioning for criminal record expungement or record sealing, it is safe to say you are a very wise person. So many doors will open for you after you seal or expunge your publicly-accessible criminal background. Opportunities for jobs, housing, loans, schooling, professional licenses, government services, and even dating will be a more comfortable and rewarding experience. Just knowing that your criminal past is private and not accessible by the general public will have you feeling more confident in life, overall. But be warned, not all petitioners will qualify, and some criminal records are ineligible as well.

 Continue below to learn some criminal record expungement information for Indiana that will help you understand your eligibility for approval.

Criminal Expungement Lawyer Indianapolis Indiana 317-636-7514
Criminal Expungement Lawyer Indianapolis Indiana 317-636-7514

Eligibility Guidelines for Criminal Record Expungement

Right now, you probably have many questions about the petition and approval process. The expungement process varies among jurisdictions, as do the legal perquisites to qualify. Qualifications also vary depending on several factors, including how long it has been since the date of your conviction, the severity of the crime, the extent of your criminal history, your current status with the law, and more. It is best to start with the question of whether or not you qualify.

To learn if you qualify, you must seek counsel from an Indianapolis criminal defense lawyer who is well-versed in the criminal record expungement laws in your state of offense. They can help you determine your eligibility and assist you with the filing of your petition. Keep in mind, one small mistake can get your application for expungement denied. You need a lawyer to help you file the paperwork and meet the strict deadlines in time.

Not everyone qualifies to have their records expunged. Sometimes this is because it has simply not been enough time, or because their crimes are not eligible for expungement. Virtually all crimes are eligible for expungement, with a few obvious exceptions.

Criminal arrests, charges, and convictions that CANNOT be expunged or sealed include, but are not limited to:

❌ Murder
❌ Homicide
❌ Manslaughter
❌ Human Trafficking
❌ Sex Crimes
❌ Sexual Offenses
❌ Child Abuse
❌ Endangering of a Child
❌ Driving a Commercial Vehicle Under the Influence

Hire a Criminal Lawyer Who Specializes in Expungement Petitions

Since procedures and qualifications are so different and depend on various factors, the filing process to expunge criminal records can be confusing and complicated. For this reason, it is vital to hire a professional Indiana criminal defense lawyer who specializes in record sealing and expungement services. They have the skills and the knowledge to ensure your petition is filed correctly and on time.

Are you ready to seal or expunge arrest records and criminal charges from your past? Contact the Law Office of David E. Lewis at 317-636-7514 to learn your eligibility for Indiana criminal record expungement, restricted access, or appeal. Consultations are free and rates start as low as $850 for those who qualify. Put your past behind you for good with the help of our esteemed legal teams who specialize in Indiana’s Second Chance Law.

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What is the Punishment for Resisting Arrest in Indiana?

After the holiday season, there are many things we are trying to resist in the New Year, like confectioneries, milkshakes, and pizza pies. But when it comes to being arrested, resisting is not something that will help you reach your goals, no matter what they may be. If you are ever confronted by the police, whether in a routine traffic stop, street stop, or home visit, it is critical to your future and your freedoms to cooperate with the authorities to the fullest extent. Failing to cooperate with the instructions or requests of law enforcement can subject you to charges of resisting arrest. There are hefty penalties for such charges upon a guilty conviction, including fines and possible jail time.

Continue reading to learn what they are, plus what you need to do right away if you were just released on bond for a resisting arrest charge in Indiana.

Resisting Arrest Attorneys Indianapolis IN 317-636-7514
Resisting Arrest Attorneys Indianapolis IN 317-636-7514

What is Resisting an Arrest?

You are guilty of resisting an arrest by law enforcement officials when you knowingly or intentionally use force to resist an arrest or interfere with a police officer while they are legally performing their official duties. A person can be charged with resisting an arrest if they behave this way toward a person who is assisting a police officer too.

Other forms of resisting arrest include:

By force, resisting or interfering with official court services or authorized criminal processes. An example of this would be resisting a search warrant being executed by police or disrupting someone being served with legal documents.

Running away from law enforcement after a police officer identifies themselves and orders the person to stop for questioning. Cops can legally identify themselves to citizens audibly, visibly, or by turning on their emergency lights and sirens.

Resisting Arrest Laws in Indiana

The laws surrounding the act of resisting law enforcement is found in Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1. Upon a guilty verdict, defendants may face several types of court-ordered penalties, including fines, community service, classroom education, rehabilitation, probation, ankle monitoring, and jail time.

The crime of resisting arrest is charged differently depending on the details and circumstances of the incident. Charges range anywhere between a Class A Misdemeanor to a Level 2 Felony.

Class A Misdemeanor:
Fines up to $5,000
Jail up to 1 Year

Level 2 Felony:
Fines up to $10,000
Jail up to 30 Years (Advisory Sentence of 17.5 Years)

Related Crimes One Might Be Charged With:

▶ Disarming a Law Enforcement Officer
▶ Refusal to Aid an Officer
▶ Escaping Law Enforcement

Because legalese is very complicated to comprehend, it is important to consult with a licensed criminal defense lawyer in Indianapolis to ensure you are fully educated on whatever charges you are facing in Indiana currently.

Are you looking for qualified criminal defense that can reduce or dismiss your resisting arrest charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

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Tips for Being Deposed for a Criminal Case

A Notice of Deposition is simply a legal phrase that describes a formal meeting that involves a recorded interview under oath. If you received one, it means that you are being asked to provide answers under oath as a witness to a case. It is a formal, recorded, interview session that is used for two primary reasons: to learn what you know pertaining to the case in question, and as evidence for later use. Either parties in a lawsuit can have anyone provide a deposition 20 days after the lawsuit is filed. Even if you have nothing to do with the lawsuit or the parties involved, you can still be asked to come in for a deposition since the Indiana Rules of Trial Procedure allows authorities to do so.

Continue reading to learn some tips on how to prepare to give a deposition regarding a criminal case.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Deposition Tips

Depositions are not meant to be comfortable. In fact, you can expect to feel a bit of discomfort while being interviewed during a deposition session. However, if you follow these simple tips, it can relieve some of the pressure and anxiety you might feel prior to and during your interview.

Prepare Yourself – Meet with a seasoned criminal defense lawyer who can guide you through the process and provide you with the information you need to fully defend your deposition.

Be Honest – Always be 100% honest and tell the truth. Remember, you are under oath and can be penalized under law if caught telling a lie.

Remember the Transcript – While being deposed, keep in mind that every word is being transcribed. Avoid using slang words and short, inaudible responses such as “uh huh” and “yea.”

Only Answer the Given Question – When being asked a question, only answer that question. Do not volunteer additional information related to subjects in the question.

Do Not Guess or Speculate – In addition to telling the truth, be sure to only provide the information that you know when being asked a question. Never make guesses or speculations.

Do Not Offer Assistance – During the interview process, do not offer the examiner any sort of assistance in collecting additional evidence or information related to the questions being asked of you.

Don’t Tolerate Bullying – Do not tolerate being bullied or intimidated. Examiners do not have the right to use aggressive or inappropriate methods to get information from those being deposed.

Remain Calm – During a deposition, remain relaxed to show that you are in control of your emotions. Erratic behaviors and aggravation can cause examiners to doubt the veracity of your answers.

Questions About Your Indiana Criminal Case?

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

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Possible DUI Penalties for Commercial Drivers

Getting charged with a DUI is serious enough in Indiana. But for those who operate a commercial motor vehicle (CMV), especially those arrested on the clock, will likely face a much higher degree of penalties. If you have a CDL, and you were recently charged with drunk or drugged driving, it is important to prepare yourself for the possible consequences if ultimately convicted.

Continue reading to learn how commercial DUI’s are charged and penalized in Indiana, as well as, how to protect your rights, including your drivers’ license and employment status.

Commercial Driver DUI Lawyer 317-636-7514
Commercial Driver DUI Lawyer 317-636-7514

Commercial Motor Vehicle (CMV) DUI Penalties

A commercial drivers’ license (CDL) is a privileged license only imparted to those who have proven to have adequate knowledge and skill of driving commercial motor vehicles (CVM). If a commercial driver is charged with a DUI, there are additional consequences on top of the standard DUI penalties a person would normally face. Overall, commercial drivers stand to lose their CDL’s temporarily or permanently based on the number of “major” violations they are suspected of committing.

Most Serious CMV Violations:

⇒ Under the Influence of Alcohol or Controlled Substance
⇒ BAC of 0.04% or Higher
⇒ Refusing a Chemical Test
⇒ Using a CMV to Commit a Felony
⇒ Leaving the Scene of an Accident
⇒ Causing Death or Serious Bodily Injury
⇒ Operating a CMV on a Suspended or Revoked CDL from a Prior Offense
⇒ Using a CMV to Transport Controlled Substances (Lifetime CDL Suspension)

Commercial Motor Vehicle DUI Defense

Keep in mind, your Indianapolis criminal defense lawyer only has 10 days to spare your commercial drivers’ license after a drunk driving arrest. So it is vital that you act fast. As soon as you are released from custody, contact your DUI defense lawyer so they can get started on your defense immediately.

Aggressive Commercial Driver DUI Defense in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis commercial motor vehicle DUI 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 Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Can I Get Immunity For Being a Witness?

You’ve probably seen your favorite vigilante in your favorite movie get immunity for their crimes in trade for saving the city. Or perhaps a key protagonist that swaps valuable testimony for a pass on their particular offense. But do these things actually happen in real life, to real people? Continue reading to learn what immunity means for a witness also charged with a crime in a criminal case.

Indiana Immunity Attorney 317-636-7514
Indiana Immunity Attorney 317-636-7514

Prosecution Wants to Make a Case

There are times when a prosecutor will offer a suspected criminal immunity for their crimes if they help law enforcement build a case against another suspect, or group of suspects, by being a witness. Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect.

Factors That Influence Immunity

Not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

However, this does not mean that only high-profile cases are eligible for such criminal leniency. There is a chance that a lower-spectrum criminal cases might involve immunity. It depends on several factors, such as the current on-going criminal investigations in town, the level of danger the upper crime poses to the community, and more.

Limitations to Immunity

Immunity is a great opportunity for a minor criminal, as it allows avoiding jail, hefty fines, and a permanent record. However, there are limitations and rules that go along with this type of legal arrangement. After all, immunity is more of an inventive for prosecution, who uses it as a tool to get what they want.

Once a person is granted immunity, they must testify in court against the person they have information on. If the person refuses to testify after being given immunity, they will be held in contempt of court. See our blog, “Can I Go to Jail for Criminal Contempt?” to learn what you need to know about criminal contempt in Indiana.

Furthermore, being granted immunity does not mean that a person is entirely cleared. Prosecution could later indict an immunized witness, so long as prosecution and law enforcement can prove that the case is based exclusively on evidence separate from the witness’s immunized testimony.

In such cases, if an immunized witness wishes to claim immunity as a defense to being indicted, they have the burden of providing sufficient evidence that 1) prosecution awarded immunity, and 2) the testimony that earned them immunity is relevant to the charges they are being indicted on. After that, the burden of proof shits to the government.

Need Help With Immunity in Indiana?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. Whether you have already been granted immunity, or wish to make a deal with prosecution, he can help. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Peru City Police Department v. Martin

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

If you do not already have a licensed 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.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!