FAQS About Workplace Discrimination

Posted on May 29, 2019 by admin

Discrimination is against the law, therefore, it is a crime. When it comes to your job, the law protects you against such injustice, as your workplace should be a safe place, both physically and mentally. If you suspect that you are experiencing any form of discrimination or harassment amid your coworkers or superiors, it is important to educate yourself on your legal rights of action.

Continue reading to review some of the most frequently asked questions about workplace discrimination, including what you should do if you are charged with this crime.

Indianapolis Criminal Defense 317-636-7514

What is Workplace Harassment and Discrimination?

Any person who is refused employment, paid less, given separate rules and conditions, demoted, bullied, or fired due to the following is considered a victim of workplace discrimination and/or harassment:

✔ Age
✔ Race, Color, Ethnicity, and National Origin
✔ Religion
✔ Gender and Gender Identity
✔ Genetic Information
✔ Sexual Orientation
✔ Familial and Marital Status
✔ Pregnancy
✔ Disability and Handicaps
✔ Recipient of Public or Governmental Assistance
✔ Membership of Local Human Rights Commission

What are Examples of Workplace Harassment and Discrimination?

Now with a basic understanding of what workplace discrimination and harassment is, you can imagine what it might look like in a real setting. The possible circumstances of discrimination and harassment in the workplace are vast, and can come in many forms. Victims can range from men and women, to mangers and superiors themselves. Here are some detailed examples of what discrimination and harassment look like at work:

⇉ You are called racial slurs and derogatory names by your fellow employees regarding your ethnic background or appearance.

⇉ You are refused a promotion due to being pregnant.

⇉ Your superior makes sexual comments or asks you on a date, and threaten to demote or fire you if you do not comply.

⇉ Your manager scolds you and insults you regularly for not being able to speak fluent English.

⇉ You are demoted or fired for being too old, even though you have worked for the company for several years and still qualified for the position.

⇉ You ask your superior to use an empty office during your breaks for prayer time, but they refuse, even though they allow all the other employees to use it for their breaks.

Will I Be Fired or Reprimanded for Filing a Complaint at Work?

The solid answer to this question is, “NO.” You cannot get in any type of trouble for filing a harassment or discrimination complaint at work. It is against the law for employers to reprimand or mistreat any employee who does so. In fact, if you are penalized or fired for filing such a complaint, you may have legal grounds to sue.

What Can I Do if I am Being Discriminated or Harassed at Work?

If you suspect that you are a victim of workplace discrimination or harassment, start by keeping a journal. Write down the dates, times, comments, and detailed descriptions of every situation that does not feel appropriate to you. From there, you should make a report within your company regarding the discrimination or harassment.

What if My Company Does Not Help or Reprimands Me?

If you receive no help from your company, or worse, get reprimanded or further discriminated against as a result of filing a complaint, it is important to discuss your case with a seasoned Indianapolis criminal defense lawyer who can help you understand the terms surrounding your case. They have the knowledge and resources to carefully evaluate the unique circumstances of your case and recommend viable options for litigation.

What if I am Charged With Workplace Discrimination?

If you are charged with the crime of workplace discrimination, whether as an employee or employer, it is vital that you seek legal guidance as soon as possible. Talk to an Indianapolis criminal defense attorney who can help you build a strong and impactful defense to protect you against the maximum penalties for your criminal charges. In most cases, such crimes are entered into civil court, rather than criminal court, which means you will likely face a load of fines and ordered to pay recompense to the victims.

Get Started With a Free Consultation

Contact 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 a skilled Indianapolis criminal defense lawyer and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

What You Need to Know About Aggravating Factors in a Criminal Case

Posted on April 23, 2019 by admin

As a person facing criminal charges, it is in your best interest to learn as much as you can about what to expect from the criminal justice process. This is especially important for those facing criminal charges that involve aggravating factors. Continue reading to learn more about aggravating factors, including what you need to do to protect your rights and preserve your freedoms after being charged with a crime in Indiana.

Aggravating Factors

U.S Legal.com defines aggravating factors as, “(…) relevant facts and circumstances that increase the severity or culpability of a criminal act.” In plainest terms, aggravating factors are any facts, conditions, or evidence that increase the severity of penalties or liability for a crime. Aggravating factors will render the harshest penalties for a crime, so long as they can be adequately supported by evidence in court.

A prime example of a crime that involves aggravating factors is a case of battery. For instance, if Bill touches another person in a rude, insolent, or angry manner, he commits the crime of battery and can be charged with a Class B Misdemeanor. However, if Bill commits this same crime, and the victim suffers bodily injury, his crime can be elevated to a Class A Misdemeanor, which comes with harsher penalties, including more jail time. If Bill were to continue to make the circumstances of the crime worse, the same exponential penalty schedule applies.

Hire a Defense Lawyer Immediately

If your criminal charges include aggravating factors, then the law may deem your crime more severe. You will need a hard-hitting Indiana criminal defense attorney who can build you a strong and impactful defense to spare you from the maximum penalties for your charges. Without a skilled and seasoned criminal defense lawyer on your side, you will put yourself at risk of long-term jail time, hefty fines, hours of community service, drug or alcohol classes, and much more.

Indiana Criminal Defense That Doesn’t Back Down

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Can I Go to Jail for Keying a Car?

Posted on April 5, 2019 by admin

Property vandalism is a crime, and cars are property. What does this mean for someone who got revenge by taking a key to their ex-friend’s ride? It means legal consequences, and even possible jail time. Continue reading to learn how both state and federal law governs and penalizes car vandalism, as well as, what you need to do if you are suspected of a similar crime in Indianapolis.

Indianapolis Vandalism Lawyer 317-636-7514

Keying a Car

Whether your boyfriend was caught having dinner with another woman, or you had a revenge plan against a pal who betrayed you, keying their car is not the right way to get back at them for their moral crimes. Why? Well, you could face some pretty strict consequences if you are caught and prosecuted.

To make matters more risky, even if your friend does not wish to press charges against you, the state still might. Vandalism comes in many forms, but regardless, all forms are illegal, and categorized under “Criminal Mischief” under Indiana Code. The offense is also referred to as “criminal damage”, “malicious trespass”, or “malicious mischief.”

Below, you will find the standard levels of offenses and their subsequent penalties for vandalism in Indiana.

⚖ Criminal Mischief (Vandalism)

Indiana Code § 35-43-1-2: “A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Less Than $750 in Total Damages = Class B Misdemeanor – Up to 180 days in jail – Up to a $1,000 fine;

$750 – $50,000 = Class A Misdemeanor – Up to 1 year in jail – Up to a $5,000 fine;

More Than $50,000 = Level 6 Felony – Between 6 months and 2.5 years in jail – Up to a $10,000 fine;

Also a Level 6 Felony if damage causes substantial impairment of service to the public, done to a public record, or to a law enforcement animal (35-46-3-4.5)

Facing Vandalism Charges in Indianapolis?

If you vandalized property, whether a car or something else, the state has two years to file charges against you. Furthermore, you can also face a civil lawsuit brought on by the victim of the vandalism in order for them to recover additional compensation for their property damages. If you were caught, or have been suspected of, vandalism within the past two years, it would be wise to hire a seasoned criminal defense attorney as soon as possible to avoid the maximum penalties for your vandalism charges in Indianapolis, Indiana.

Criminal Defense Lawyer Indianapolis IN — Criminal Defense Lawyer 317-636-7514

Can You Go to Jail for Not Paying Your Debts?

Posted on March 15, 2019 by admin

If you are fearful of going to jail because you have not been able to pay off your cable bill or keep up with your car payments, you will be relieved to learn that the United States outlawed debtors’ prisons back in the early 19^th century. However, there are still instances in which an Indiana resident might face jail time or other penalties as a result of owing a debt.

Continue reading to learn more about owing a debt in Indiana, including who to trust for accurate legal advice.

The penalties for owing an outstanding debt vary from state to state. When it comes to being locked up for your debt, it can happen, but only under particular circumstances. If you have questions about facing criminal charges for owing money to a company, creditor, or collection agency, contact a licensed criminal defense attorney for accurate answers and legal guidance.

Common Cases of Debtors’ Arrests

✧ Arrest Warrants:

The umbrella factor for being arrested as a result of an outstanding debt are arrest warrants. If a warrant is issued for your arrest, you will have to surrender to the jail and post your bond to get out.

✧ Violation of Court Orders:

Most often, debtors are arrested and taken to jail as a result of neglecting to make court-order payments. If a court orders you to do something, and you fail to do it, you can be held in contempt of court.

✧ Small Claims Court Hearings:

Another circumstance that can land a debtor in jail is missing a court date. If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.

Statute of Limitations for Collecting Debt

Unfortunately, many debtors are never notified that they are expected in court, and thus, don’t even know they were sued. This is how arrest warrants can come about. As for law in Indiana, if a creditor successfully sues a person, they have 10 years to collect that judgment under its statute of limitations for court judgments.

Where to Get Accurate Legal Advice

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

Call Attorney David E. Lewis at 317-636-7514 if you were issued an arrest warrant for a debt owed in Indiana. You can schedule a free initial consultation to discuss the best course of action for your case 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!

What You Need to Know About Resisting Arrest

Posted on February 26, 2019 by admin

The United States of America is one of the greatest countries on Earth because of the civil liberties and rights bestowed upon us as citizens. These protections are what separates our nation from so many others. A current hot topic regarding such protections involves discussions on police misconduct and false arrests. As citizens, we are protected against injustices like these, but that does not mean they never occur. On the other hand, even if police may be wrong in an arrest, a person should never, under any circumstances, resist.

Continue reading to learn the importance of complying with law enforcement no matter what, and who to call if you have been charged with resisting arrest in Indiana.

The Risk You Take On

If you counterattack arrest by law enforcement, not only will you face the original charges they are arresting you for, you will also be charged with a second crime of resisting arrest. This reason alone is enough to warn you about the risk of resisting an arrest by a police officer. If you are ever in a situation where a policeman wants to arrest you, you must let it happen and comply peacefully; otherwise, it will come back to hurt you and your case in the end, which can lead to higher fines, longer jail time, and harsher penalties.

Indiana Laws for Resisting Arrest

Indiana Code 35-44.1-3-1 defines “resisting arrest” as, “(…) when a person knowingly and intentionally: Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties; Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.” The state allows police officers to identify themselves either visibly or audibly, which also includes their police lights and sirens.

Possible Penalties

If charged with resisting arrest, convictions can range from Class A misdemeanors to a Level 2 felonies, depending on enhancements, priors, and other factors of the specific details of the crime. Furthermore, those charged face fines up to $5,000 and up to 30 years in prison; a Class A Misdemeanor is up to 1 year in jail, while a Level 2 Felony is 10 to 30 years.

Facing Charges for Resisting Arrest?

When it comes to addressing police misconduct, abuse, or false arrests, it is best done after the arrest and release from jail have taken place. Your first step to refuting or fighting a false arrest is to hire a seasoned Indiana criminal defense lawyer who can aggressively investigate your case and build a strong defense against your charges.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

FAQS About Indiana Criminal Courts

Posted on February 18, 2019 by admin

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

What is the Difference Between State Court and Federal Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and 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 hand down penalization orders. 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.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in 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. 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.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

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, whether on a state or federal level. Get started as soon as today!

How to Hire a Criminal Defense Attorney

Posted on January 30, 2019 by admin

Hiring a lawyer for your criminal case is not something you necessarily want to do, but it is something you need to do, and as soon as possible. A private criminal defense lawyer is your best chance at avoiding the maximum penalties for your criminal charges. If you are new to the legal process, and have never hired an attorney before, continue reading to a comprehensive guide on how to get started.

Step ❶: Look for Referrals

The first step in hiring a criminal defense lawyer is finding a reputable law firm to work with. This can be done by utilizing an online business search portal, such as Yelp or Angie’s List. Another great way to find a law firm in your area is to ask around. Seek referrals from people you know who have also needed a criminal defense lawyer. Ask them about their experience and whether or not they recommend the firm.

Step ❷: Filter Your Results

Once you have collected a list of law firms in your area, it is time to filter out the ones that are not well-suited for your particular case, and decide which ones are good candidates. Do this by looking at each law firm’s set of credentials, client testimonials, successful case results, and overall experience. You want to take it a step further and determine which law firm retains a lawyer on staff who has specific experience in your type of criminal charges.

Step ❸: Schedule an Initial Consultation

Most lawyers, regardless of field, offer free initial consultations to meet and discuss the best strategies for a case. Once you have found and filtered out various law firms, begin contacting the ones you are considering and ask about initial appointments. If they offer free initial appointments, move forward with scheduling one for yourself to get an up-close feel for the lawyer and law firm. Feel free to make initial appointments with other criminal defense lawyers, and then choose who you would like to represent your case.

Skip the Hassle and Call Attorney David E. Lewis

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

If you do not already have a licensed Indiana 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. Get started protecting your future, today.

Can I Refuse a Dog Sniff Search of My Vehicle?

Posted on January 25, 2019 by admin

The legalities of open-air canine dog sniff searches have always been a hot topic in the criminal law field. The reality is that K-9 dog sniff searches are a common law enforcement practice, and take place frequently. So the legitimacies surrounding these stops and searches continue to be complex and quite ambiguous. Continue below to learn what you really need to know about canine searches.

The specifics of every individual traffic stop and dog sniff case are factually different, making it necessary to consult an experienced criminal defense attorney for a better understanding of canine dog sniff laws in your state, and how they might affect your case. Do this BEFORE you are faced with the question, “May I let the dogs sniff search your vehicle?” Because saying “no” to police can result in an instant arrest, suspended license, or worse, depending on what the laws are in your state.

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop.

However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law:

❶ There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop;

❷ Once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search;

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further.

But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrantless k-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Contact a Criminal Defense Lawyer

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

Talk to a licensed and experienced Indianapolis criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. Trust Attorney David E. Lewis for professional and accurate legal advice you can trust. Call at 317-636-7514 to schedule a free initial consultation to discuss your case and the best possibly strategies for defense.

What are the Indiana Laws for Guns?

Posted on December 26, 2018 by admin

If you are interested in purchasing a firearm, it is strongly encouraged to educate yourself on the Indiana gun control laws first. Gun control laws are in place to regulate the purchase and use of firearms. And although pretty standard across the board, they do differ from state to state; so whatever laws you are familiar with in another jurisdiction may not be the same as your current place of residence.

Furthermore, there are states that have gun laws that overlap or contradict federal law, making the differentiation quite complex in some cases. So always be sure to review Indiana gun control laws before acquiring or carrying a firearm.

Continue reading to learn the basics surrounding Indiana gun control laws.

Who Can and Cannot Have a Gun

Across the board, regardless of state, both minors and convicted felons are prohibited to own or carry a firearm. However, other states add onto this “who can and who can’t” list. For instance, some states do not permit minors and felons, as well as, those with mental disabilities and illegal aliens, to own or carry a firearm.

In addition to authorized individuals, states also regulate which types of firearms are legal and which are not. For instance, most states ban sawed-off shotguns, machine guns, silencer guns, armor-piercing bullets, and automatic weapons. To learn more details about gun licensing regulations in Indiana, visit the in.gov firearm licensing webpage.

Indiana Laws

§ 35-47-2-21

In Indiana, those who cannot own or carry a firearm include minors, convicted felons, drug and alcohol abusers, the mentally incompetent, and anyone convicted of a crime involving the misuse of a gun.

There is no imposed waiting period for prospective gun buyers, but certain criteria must be met in order to be approved for ownership.

Firearms that are banned include sawed-off shotguns, machine guns, silencer guns, armor-piercing ammunition, and automatic weapons.

Firearms are not allowed on or near school grounds.

In terms of gun control laws, any case where a state law overlaps with a federal law, federal law prevails.

Learn More About Your Right to Bear Arms

Talk to an experienced Indiana criminal defense lawyer for help understanding your rights to purchase and carry a firearm. Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your legal concerns 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.

What You Need to Know About Pre-File Investigations

Posted on October 9, 2018 by admin

Not all crimes are witnessed by police, but that does not mean that a suspect gets away with it. When law enforcement does not personally witness a crime being committed, but suspects a specific person of committing the said crime, they can be granted permission to pursue a legal process known as a “pre-file investigation.”

Continue reading to learn more about pre-file investigations and how they might affect your criminal case.

Indianapolis Pre-File Investigation Lawyer 317-636-7514

What is a Pre-File Investigation?

Pre-file investigations take place before an arrest is actually made. Furthermore, they can take anywhere from a few days to a few years to complete. Pre-file investigations are meant to give law enforcement an adequate opportunity to locate and gather enough evidence against a suspect so that they may be indicted on criminal charges.

For instance, if an employee is suspected of stealing from the corporate account, law enforcement may need time to gather documents, records, witness statements, social media timelines, and more, all to prove that the employee has committed a crime and should be charged.

You Need Aggressive Criminal Defense

Pre-file investigations are a very early stage in the criminal process, which is also a time that is critical for anyone under investigation. When a pre-file investigation is being held against a suspect, they need to have a criminal attorney on their side who can build an effective and strong defense BEFORE the investigation can be completed and prosecution can make their move. Without a strong defense, not only are suspects at a much higher risk of being convicted, they are also at a higher risk of being sentenced to the maximum penalties for their alleged crimes.

If you are under investigation for a crime in Indiana…

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

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive Indianapolis criminal defense you can trust. He has successfully represented numerous clients facing complex criminal charges in Indiana, and knows exactly how to navigate pre-file investigations in his client’s favor. He has a comprehensive understanding of Indiana’s criminal and prosecution process, and can use this behind-the-scenes knowledge to obtain a better-quality outcome to your case. Schedule a free initial consultation, today.