The 3 Elements of a Valid Search Warrant

Posted on September 21, 2018 by admin

Your Fourth Amendment right permits you to a certain degree of privacy, and in most cases, law enforcement must obtain a warrant in order to legally perform a search and seizure event on your home, office, storage unit, car, or anywhere else you would have a reasonable expectation of privacy. So when being presented with a search warrant by law enforcement, you’ll first want to make sure it is a valid one.

There are three things to look for on a search warrant to have this assurance. Continue reading to learn what they are, as well as, what you should do if you are charged with a crime following a search and seizure.

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Search Warrant Process

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

❶ Magistrate Signature

Before a search warrant can go into effect, it must be approved and signed by an impartial magistrate of the law. A valid search warrant will have a magistrate’s signature on the document. If this is not present, it is not likely a valid search warrant.

❷ Description of Premises

A search warrant must also always state the where the search is to take place. If there is no description on a search warrant of an area law enforcement want to search, they cannot legally perform the search. A description does not have to be detailed though; it can be as simple as an address of a residence or building. However, if a cop has a search warrant for a storage unit, they cannot also search the person’s vehicle; they would need a separate warrant for that search.

❸ Description of Items to Be Seized

Not only must a search warrant contain a magistrate’s signature and a description of the premises to be searched, it must also specify which items are to be confiscated. There are some exceptions to this rule. For instance, law enforcement can confiscate certain contraband, such as illicit drugs, if they are in plain sight, even if they are not listed on the warrant.

What Happens if You Resist a Search

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

Indianapolis Criminal Defense Law Firm

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

4 Ways You Can Break the Law on Your Camping Trip

Posted on September 4, 2018 by admin

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

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

Indiana Criminal Defense 317-636-7514

➀ Hunting Protected Species

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

➁ Gun Control

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

➂ Vandalism

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

➃ Drug Use

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

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 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!

You Have Only 10 Days to Save Your Driving Privileges After a DUI Arrest

Posted on May 14, 2018 by admin

In Indiana, a criminal defense attorney has only 10 days to save your driving privileges. So if you are facing DUI charges from a recent arrest, you need to get in touch with a licensed crime lawyer ASAP! You may still have a chance at maintaining a reliable and consistent means of transportation.

Indianapolis Drunk Driving Attorney 317-636-7514

Were you recently arrested for a drink driving charge?

If you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana. It is important to contact Attorney David E. Lewis as soon as possible following an OWI charge to see if you have a chance at being granted specialized driving privileges.

Depending on several factors, a judge can choose to grant a wide spectrum of driving authorizations for an offender. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day. They may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

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

Attorney David E. Lewis Can Help You

Attorney David E. Lewis can be reached at his office during regular business hours, Monday through Friday. He offers a wide range of criminal defense, from DUIs and drug charges, to felonies, expungements, and more. You can count on his aggressive representation to preserve your rights and protect your freedoms.

Call TODAY!

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

If you do not already have a licensed Indianapolis criminal defense lawyer working on your DUI defense, 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.

Frequently Asked Questions About Going to Criminal Court

Posted on May 11, 2018 by admin

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own; and this only adds more anxiety and frustration. One of the topics that defendants have about their criminal case has to do with the court system. This is quite understandable since court policies and procedures differ greatly from city to city, and depend on the severity and type of crime.

To help put your mind at ease, talk to your trusted Indianapolis criminal defense lawyer for professional advice pertaining to your unique case. In the meantime, familiarize yourself with some common answers to some frequently asked questions about criminal court.

Criminal Defense Law Firm 317-636-7514

What are the Types of Criminal Courts in Indiana?

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe.

What is a Preliminary Hearing?

Essentially, preliminary hearings are the beginning of the indictment process for many criminal cases. Prosecution will build a case against a suspected defendant, and then bring it to a judge for approval to move forward with filing formal charges against the defendant.

Is a Failure to Appear a Crime?

Yes. If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

What Can I Expect From a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a first choice for someone facing serious criminal charges.

Can I Represent Myself in a Criminal Case?

Yes, but you should never do this. You do not have the adept knowledge of the law, nor the long-standing professional relationships with the local courts, prosecutors, and judges. Furthermore, a licensed criminal defense lawyer has the competence to build an impactful and aggressive defense on your behalf to protect you from being sentenced to the maximum penalties if convicted.

What Will Happen at My Trial?

What happens at your trial will depend on several factors, including the type of court your case is being adjudicated in, your criminal history, the severity of crime, and your representing attorney. Talk to your lawyer to get a better understanding of what to expect at your trial. It is likely that you will have more than one hearing or trial.

How to Get Started on Your Defense

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Attorney David E. Lewis Answers Your Questions About Criminal Defense!

Posted on May 1, 2018 by admin

You don’t have to face your criminal charges alone. David E. Lewis, Attorney at Law, is here to protect your rights and preserve your freedoms using every possible resource available. In fact, he is also here to answer all of your questions about criminal charges, criminal defense, court, and more!

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Continue below to review some of the common questions Attorney David E. Lewis receives from his clients about their criminal defense. If you do not see your particular question below, simply contact us directly for immediate assistance. All first-time clients are eligible for a free initial consultation to discuss the details surrounding their case, anytime.

Will I Go to Jail for My Charges?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Can My Charges Get Dropped?

It is vital to hire an experienced Indianapolis criminal defense lawyer directly after an arrest or investigation, BEFORE criminal charges can be filed, for any chance of them getting dropped. Once charges are filed, it is EXTREMELY rare for them to be dropped, but it is possible with the right defense.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose David E. Lewis, Attorney at Law to get you the fairest possible outcome for your case; not an attorney with a cheap retainer fee. After all, your future and freedom depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Do I Need a Criminal Defense Attorney?

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

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case. Call Attorney David E. Lewis at 317-636-7514 for
personalized legal representation you can trust.

The Difference Between Affirmative and Negating Defenses

Posted on March 27, 2018 by admin

There are various types of defenses in criminal law. However, all defenses can be categorized as either affirmative or negating. Continue reading to learn the difference between these two defenses, and who to trust for professional legal advice regarding your current criminal charges.

Criminal Defense Law Firm 317-636-7514

Affirmative Defenses

In the case that a defendant admits guilt to a particular crime, but also offers additional evidence and information in attempt to justify, excuse, or explain their actions, they are using what’s called an affirmative defense. If you have ever watched a crime television show, you may have seen examples of such defenses in a fictional courtroom.

Common affirmative defenses include self-defense, alibis, infancy (a child or youth), mental illness, intoxication, and insanity. Additional examples include being framed, error of fact, diminished capacity, duress, and similar types of circumstances or conducts. If an affirmative defense is successful, it usually means that the defendant’s liability for the crime is reduced or absolved.

Negating Defenses

In contrast to affirmative defenses, negating defenses are used to scrutinize or question an indispensable element of the criminal charge brought forth by the prosecution. This can be a useful strategy for defense since the prosecutor carries the burden of proving the defendant’s guilt beyond a reasonable doubt. Negating defenses help create doubt surrounding the evidence that the prosecution is using to convict the defendant.

However, in order for a negating defense to have a chance at being successful, sufficient evidence must be presented to support the element of the criminal charge in question. This must include physical evidence, such as video surveillance, voice recordings, eye witnesses, alibis, and other forms of tangible proof.

Talk to Your Lawyer

The permitted use of affirmative defenses vary from state to state. In most states, two types are generally accepted: excuses and justifications. In cases where a defendant denies guilt altogether, the alibi affirmative defense is common. Talk to your trusted Indianapolis criminal defense lawyer for help understanding the best strategy for defense to fight your criminal charges. They can build you a strong and impactful case to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense Law Firm

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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.

FAQS About The Indiana Criminal Justice Process

Posted on March 20, 2018 by admin

Below you will find some of the most frequently asked questions about the Indiana criminal justice process. Review the answers for help understanding the state and federal laws regarding adjudication and legal procedure. If you are facing criminal charges, it is important for you to know this information.

Talk to your trusted Indianapolis criminal defense lawyer about your particular questions and concerns about your upcoming trial or hearing. They can give you the legal, professional support you need to get through this tough period. In the meantime, start with these FAQ’s about the Indiana criminal justice process.

Criminal Defense Law Firm 317-636-7514

What is Involved in the Criminal Justice System Process?

There are numerous steps that take place when processing a criminal case. However, the basic steps go in this order: Investigation, arrest, prosecution, indictment, arraignment, pretrial detention, plea bargaining, trial, sentencing, appeals, and penalties.

What Steps are Part of a Criminal Court Case?

The process of criminal prosecution progresses in a sequence of stages. Most start with an arrest, and end with a defendant accepting a plea bargain. Other times, the process ends at during or after a trial. The basic steps, however, generally include arrest, bail, arraignment, preliminary hearing (or grand jury proceedings), pretrial motions, trial, sentencing, and appeal.

What Can I Expect at My Preliminary Court Hearing?

Preliminary hearings, also known as probable cause hearings, are the first fundamental hearing in the criminal justice process. At a preliminary hearing, a defendant can expect a very brief court appearance. It is basically a “trial before a trial” in that it is used to determine whether or not charges should be dismissed, or if there is enough evidence to make a defendant stand trial.

Do I Need a Lawyer For My Criminal Charges?

Regardless of how minor or major your criminal charges are, you do need a licensed attorney who can build an impactful defense. They are there to help you avoid the maximum penalties for your criminal charges. They are your only hope of protecting your rights and preserving your freedom. It is very reckless and irresponsible to represent yourself when facing criminal charges. Answering to unpaid parking tickets is not like facing shoplifting charges. You could go to jail if you do not interpret the law properly. A criminal defense lawyer can protect your from making such mistakes.

Indianapolis Criminal Defense You Can Count On!

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

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

Common Questions About Criminal Defense Attorneys

Posted on March 2, 2018 by admin

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

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

Criminal Defense Law Firm 317-636-7514

Do I Really Need a Criminal Defense Attorney?

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

All Criminal Defense Attorneys are the Same; Right?

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

How Much Does it Cost to Hire a Criminal Attorney?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

Who Can I Talk to About My Case?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

Call Criminal Defense Attorney, David E. Lewis

David E. Lewis Criminal Defense Attorney

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

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

Don’t Let a Criminal Charge Scare You Away From Fighting for Your Freedom

Posted on February 19, 2018 by admin

When facing a criminal charge, your life suddenly becomes up for debate. You just don’t know what the future holds until you receive that final verdict. For this reason, you need to ensure you have skilled and aggressive legal defense to protect your future and your freedom.

Criminal Defense Law Firm 317-636-7514

Defense Attorney, David E. Lewis, Will Fight Your Indiana Criminal Charge Using Every Resource in His Power! When it comes to representing clients, he is the skilled Indianapolis criminal defense lawyer who has what it takes to protect your rights and preserve your freedoms! You can avoid the maximum penalties for your charges with his aggressive legal representation!

What He Can Do For You

David E. Lewis, Attorney at Law, provides aggressive criminal defense for anyone charged with a crime in Indiana. His office is based out of Indianapolis, but his legal services are available for all cities and counties within the state. He is a licensed defense lawyer with more than 25 years of experience practicing criminal law, and has developed an extensive understanding of the how the justice system works in Indiana.

He is Always Present for His Clients

He has a passion to reunite his clients with their loved ones so they can get back to leading a happy and law-abiding life after a distressing criminal case. Call his office at 317-636-7514 if you have been charged with a crime in Indianapolis. Whether your case is small or highly complex, Attorney David E. Lewis treats all cases as if they are his own charges, and maintains an unbreakable respect for his clients.

How to Get Started

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

For a more in-depth look at the Law Office of David E. Lewis, call our Indianapolis criminal defense law firm at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Information You Need to Know About Prescription Drug Abuse in Indiana

Posted on January 16, 2018 by admin

Prescription Drug Criminal Defense 317-636-7514

If you or someone you love is suffering from prescription drug abuse, it is important to know that there are hundreds of resources available that will help you find a path to recovery. Below you will find a list of prescription drug abuse facts that are reported by the Office of the Indiana Attorney General. Not only can these realities can give you the knowledge and inspiration you need to get help for you or your one you love, they can protect you against health complications, death, and legal trouble.

Where to Find Help

There are many resources to choose from here in Indiana that can help addicts and drug users in need. Here are some to consider:

www.drugs.indiana.edu

www.recoveryindiana.org/selfhelp.php

www.addictionnomore.com/indiana

www.freerehabcenters.org/state/indiana

www.drugfreemc.org

The Truth About Prescription Drug Use:

💊 Every 25 minutes, a person’s life ends due to a prescription drug overdose.

💊 Prescription drug abuse is more prevalent than cocaine, heroin, hallucinogens, and inhalants, combined.

💊 In the United States, it is estimated that 1 in 20 people have used prescription drugs for non-medical and recreational purposes.

💊 In most cases, prescription drug overdoses are accidental. People fall asleep under the influence, only to never wake up. Overdoses are even more common among people who mix alcohol with prescription drugs.

💊 Anyone can become a prescription drug user, regardless of age, gender, race, religion, social class, geographic region, and profession. Teachers, students, parents, college athletes, doctors, and more are just as likely to abuse prescription drugs as a repeat offenders and criminals, homeless people, teenagers, elderly, and poverty-level individuals.

💊 People assume that prescription drugs are a problem. But the real problem is the misuse or abuse of prescription drugs. This is why prescription medication education is so important. It can teach patients how to safely take and discontinue prescription medicine.

💊 An effective way to prevent theft or tampering of prescription drugs is to lock them in a cabinet or safe. It is also important to discard prescription medications properly as to not endanger others.

💊 The most commonly abused prescription drugs are antidepressants, painkillers, and stimulants. Examples of such drugs include codeine, opiates, benzodiazepines, SSRI’s, phenethylamines, and more.

💊 Prescription drug abuse and misuse is an issue that affects more than just users. It affects our health and welfare, and implicates our society socially and economically.

💊 It is common for prescription drug use to lead to more serious habits like heroin and intravenous drug use. A large percentage of heroin users claim their drug addiction started with prescription pills.

💊 Many people have developed an addition after taking doctor-prescribes medication following an injury or medical issues. Often times, they become addicted to the pills without even knowing it.

💊 Unfortunately, some doctors will over-prescribe and/or neglect to pay attention to a patient’s medicinal usage, which can lead to patients abusing or misusing their medication, and subsequently, becoming an addict.

💊 If you are facing prescription drug charges, it is important to hire an experienced Indianapolis criminal defense lawyer to protect your rights, preserve your freedoms, and help you on a path towards drug-free living.

Call David E. Lewis, Attorney at Law

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

Call 317-636-7514 to schedule a free initial consultation with Attorney David E. Lewis, and discuss your case, as well as the best strategies for defense. We work around the clock to build a strong and impactful defense against your criminal allegations so that you can avoid the maximum penalties. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. Call today to get started.