What is a Notice to Appear?

Posted on January 8, 2018 by admin

It is normal to feel frightened and confused after being delivered an NTA document by mail. You may not understand the criminal charges you face, or even recall being involved in any activity that could have rendered you a possible suspect or witness to a crime. This can cause you to experience heighten emotions, leaving you fearful for your future and your freedom. Fortunately, the right knowledge and a seasoned criminal defense attorney are all your need to protect yourself from undue process. Continue reading to learn more about Notice to Appear documents, requirements, procedures, and more. This will help you get on the right track toward putting your legal troubles behind you.

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What is a Notice to Appear?

A “Notice to Appear” is an official government document. They are primarily used by state-level court systems to lessen the need for arrests, and stream line the attendance process for individuals suspected of committing lesser crimes. Not everyone qualifies for NTA status, and instead, will be issued an actual arrest warrant. Those who receive NTA’s are people who have been identified as low-risk and likely to appear. For example, the basic conditions for NTA eligibility include:

☛ No Risk in Summoning Defendant to Appear
☛ Defendant is Considered Likely to Appear
☛ Defendant Has Not Failed to Respond to Previous Court Notice
☛ Defendant is Facing Misdemeanor Charges or Infractions

\Normally 1 to 3 pages in length, these official papers formally request a individual’s attendance in court for a suspected crime. They are generally reserved for misdemeanor crimes, such as traffic offenses, shoplifting, and possession of drug paraphernalia. Essentially, they demand that a person appear in front of a judge within 10 days of their notice to answer to the criminal charges against them. If a person fails to appear, they will face additional legal penalties, and quite possible, criminal charges.

NTA Information

NTA documents will generally contain vital information pertinent to an individual’s case, including the allegations against them, as well as, the time, date, and location of their scheduled court appearance. Missed court dates, or FTA’s (failure to appears), are serious violations as well, and will be penalized as separate offenses; so it is critical to understand all the information in a Notice to Appear document, and properly prepare yourself for the appearance. Anyone who is issued a Notice to Appear must immediately retain legal counsel since they will soon be in court facing criminal charges.

Your Next Steps After Receiving an NTA

If you have received a Notice to Appear in Indiana, you could be facing a long list of penalties, including jail time, suspended driver’s license, hefty fines, loss of employment, sex offender registry, and much more. So now is the perfect time to call a licensed Indianapolis criminal defense attorney who will protect your rights and preserve your freedoms. It is important to prepare your defense as soon as possible since prosecution has already starting building their case against you.

Indianapolis Criminal Defense

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.

What is the Penalty for Having a Marijuana Joint?

Posted on January 4, 2018 by admin

If you think a little marijuana joint won’t land you in big trouble, think again. Indiana has strict penalties for drug possession crimes, whether you are caught with a small or large amount.

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Although several other states have begun to change their recreational and medicinal usage laws, marijuana possession is still a crime in Indiana. In fact, it is still a Schedule I drug, the most severe of all drug classifications. Marijuana convictions can leave a permanent mark on a person’s life, affecting job opportunities, living arrangements, college admissions, custody agreements, and more.

In Indiana, getting caught with a joint of marijuana that weighs 5 grams or less will result in a Misdemeanor conviction, which comes with various types of legal and financial penalties depending on a defendant’s circumstances. For those without a prior drug conviction, a judge is likely to convict a first-time defendant with a Class B Misdemeanor. This is punishable by 0 to 6 Months in an Indiana County Jail Facility, as well as, fines adding up to $1,000, not including court costs, probation fees, and lost wages.

Caught With Priors

A person who is caught with a marijuana joint that weighs 5 grams or less and who has prior drug convictions will face harsher penalties in Indiana. A judge would be likely to convict them of a Class A Misdemeanor, which is punishable by up to 1 year in jail, $5000 in fines that do not include lawyer expenses, court costs, probation costs, and filing fees, as well as, one year of supervised probation that includes several court-ordered sentences like community service, random drug screening, victim impact panels, drug rehabilitation, and more.

Higher Amounts of Possession

Getting caught with one little joint of marijuana will land you in big trouble with the law; so it is no surprise that getting arrested with higher amounts of marijuana will get you in even more serious trouble. For possession over 30 grams, defendants can be charged and convicted of a felony, which stays on your permanent record forever, and will certainly affect employment opportunities. The common penalties for felony marijuana drug possession include 6 Months to 2 ½ Years in an Indiana Department of Corrections Prison Facility, up to $10,000 (not including lawyer expenses, court costs, probation costs, filing fees, probation fees, and lost wages), and several court-ordered sentences like the ones mentioned before (community service, routine drug testing, educational courses, rehab, etc.).

What is a Misdemeanor Crime?

Misdemeanor crimes are lesser offenses compared to felonies, but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious. For example, a “first offense drug possession under 5 grams” is charged as a Class B misdemeanor, while a second or third drug possession is penalized as a Class A misdemeanor, which is more serious and comes with harsher punishments.

Indianapolis Criminal Defense Lawyer

Marijuana Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.

Do I Withdraw My Plea or File an Appeal?

Posted on November 21, 2017 by admin

After receiving a guilty conviction, the process of protesting it varies depending on various factors. For instance, if you do not go to trial, but plead guilty or no contest, you cannot appeal your guilty conviction. Instead, you would have to motion for a plea withdraw. In contrast, if you do go to trial and a jury finds you guilty, you can appeal the conviction. Continue reading to learn more about withdrawing a plea and filing an appeal, and the differences between them both.

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Filing an Appeal

To file an appeal, you must have been found guilty by a judge or jury at trial. Filing an appeal is basically asking for a new trial. Defendants would need to hire a specialized criminal defense attorney known as an appellate lawyer. An appellate law firm practice focuses primarily on appealing convictions.

Withdrawing a Plea

To protest and turn over a guilty conviction that resulted out of a plea agreement, you would not file an appeal. Instead, you would have your criminal defense lawyer file a motion to withdraw your plea. This is an entirely separate process than the appellate court system.

Writ of Habeas Corpus

A writ of habeas corpus is a limited indirect appeal that allows you to protest your conviction without technically withdrawing your plea. Filing a writ of habeas corpus is only permitted in some states, and can only be pursed under very specific circumstances. Usually, this results when important information is withheld that, had you known at the time, would have influenced your original plea. This process is actually very similar to the appeals process.

Keep in mind that filing any appeal or motion does not guarantee that your conviction will be overturned, or that you will be cleared or acquitted of your charges. It is important to have a skilled and experienced Indianapolis criminal defense lawyer on your side, working your case and fighting for your rights.

Indianapolis Criminal Defense Lawyer

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

Were You Accused of a Crime You Didn’t Commit?

Posted on October 24, 2017 by admin

If you were falsely accused of a crime, the first step to defending yourself is learning your rights.

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As a victim of a false criminal accusation, you are likely feeling a full fleet of emotions. Take comfort in knowing that your feelings of anger, frustration, confusion, and hopelessness are all normal reactions. After all, this is probably one of the most stressful situations you’ll face in your life. You can also take comfort in knowing that our legal system has a strict procedure in place to ensure defendants are not falsely accused of a crime; however, it cannot guarantee that it won’t happen. Unfortunately, being found guilty of a crime you are innocent of is a possibility, especially without aggressive criminal defense. There are people sitting in jail right now because they were falsely accused of a crime they did not commit.

Your Right to Counsel

As a defendant, you have the right to counsel, whether that be a court-ordered public defender, or a private criminal defense lawyer. In a case such as this, it is wise to hire privately to ensure you receive full-time, aggressive, and personalized criminal defense. Public lawyers have extreme workloads, and can only dedicate a certain amount of time for each case. A private lawyer, on the other hand, will have their full attention and focus on building you a strong and impactful defense. They are your best hope for getting your charges dismissed.

How to Prepare for Trial

While awaiting trial for a crime you did not commit, there are many things you can do to protect yourself and your case. To start, be sure you fully understand the seriousness of your situation. Do not make the mistake of being too confident. This is easy to do since you are in fact innocent, but there is a chance you could be convicted if you are not careful with your defense. You must take the legal process very seriously when accused of a crime you did not commit.

Next, be sure to budget for all the legal fees, attorney fees, and court costs you will be obligated to pay. The more serious the charge, the more time and money it will take to defend. This is especially true for false accusations of sexual or violent crimes, such as rape, child molestation, and domestic violence. Start budgeting costs now so that you are in better control later. Additional fees may include witness testimonies, expert testimonies, psychological testing, filing fees, and more.

Also, be sure you are documenting everything about your case. Write down everything you remember of the event in question. If you were not present, write down all the details of your whereabouts at the time the crime was committed. As the case progresses, continue to keep track of all events and new findings by writing them down in detail. This documentation can help your case down the line.

You need to also begin gathering all the evidence you have to prove your innocence, including a list of witnesses to testify on your behalf. On your list, record their name, and contact information, including their address, email, phone number, and work number. Be sure to also include a description of how they relate to the case and what information they offer as a witness.

Last, it is important to educate yourself as much as possible on everything pertaining to the case, including the laws surrounding your charges. Research persistently, because the more knowledge you have, the stronger your defense will be. Part of educating yourself also includes learning your rights. Talk to your Indianapolis criminal defense lawyer to be clear on what they are. For instance, if you are questioned by police, you have the right to remain silent. And if you are not being arrest (which you have the right to ask), you are free to leave at your own will.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 if you have been falsely accused of a crime. Our legal teams use an aggressive and concentrated approach to defend your rights and protect your reputation. We will stop at nothing to ensure your case is dismissed and your name is cleared. Call 317-636-7514 to schedule a free initial consultation to discuss your criminal charges, today.

The Top Three Rules for Testifying in Court

Posted on September 25, 2017 by admin

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If you must testify in court, it is in your best interest to learn exactly what you are to expect and how to conduct yourself. You can do this by discussing testimony tips with your trusted criminal defense lawyer. They have all the information you need to feel comfortable. In terms of rules and conduct, there are several to know. However, it is good to start with the 3 primary rules that will help protect yourself on the stand.

Continue reading to learn what these are rules are and how to prepare for your testimony.

➊ Understand the Question Asked

You cannot just listen to the questions asked by the attorneys. You must really pay attention so that you can fully understand what they are asking you. There is nothing wrong taking your time to think about it, or asking the attorney to repeat or reword the question. Furthermore, it is perfectly acceptable to simply say, “I do not know.” Never guess an answer. Sometimes, attorneys can use intimidation strategies that can cause stress and confusion. They may even attempt to embarrass you by having the courtroom recorder read back their last question. Just remember, this is a textbook tactic, so do not let it affect you. For this reason, it is important that you not respond to the manner in which the questions are asked. Instead, just focus on the actual questions and do not show emotions of frustration, anxiety, or anger. Your job is to simply understand the question and answer it the best you can.

➋ Only Answer the Question Asked

You do not want to divulge too much information. When asked a question by an attorney, only answer the question itself. Do not volunteer additional information. Not only does this protect you from incriminating yourself or the parties in question, it can mix you up in a web of confusing debates. For instance, if you are asked a “yes” or “no” question, only answer with one word and nothing else. Also, never answer a question with a question. This appear evasive, combative, and suspicious. Be professional, speak in your normal tone of voice, and act natural. Do not argue or present a challenge. This will only make things harder for you.

➌ Be Honest

Your job is to answer the questions, clearly, simply, and honestly. Always tell the truth because you are under oath. If somehow you are caught being misleading or dishonest, you could face criminal charges or be held in contempt of court. If a question is about you and your conduct in the past, do not try to downplay the incident or evade responsibility. Own up to it, be remorseful, and remain honest. This will make it harder for the attorney to come after you and make their point. The discomfort this may cause you is much easier than what could happen if you are caught lying.

Additional Tips That Are Vital to Your Testimony:

☛ Be on time;
☛ Dress professionally and conservatively;
☛ Be completely sober;
☛ Avoid words like “always” and “never” because it can box you in;
☛ Talk to your criminal defense attorney for the best testimony and courtroom advice;

Indianapolis Criminal Defense Lawyer

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

Social Media Tips to Avoid Incriminating Yourself

Posted on August 29, 2017 by admin

Your social media accounts are more than just a portal to connect to the rest of the world, they are admissible evidence in a court of law. Protect yourself with these tips.

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The word, “social” in “social media” is too often overlooked. Users forget just how “social” their accounts can be. Just like your criminal history, your social media accounts are permanent play-by-play records of your life. Whatever you post to a social media platform is public to the entire internet world forever, even if you delete something after it’s been posted. Organizations like law enforcement can access these records anytime, including Twitter, Facebook, Snap Chat, Instagram, and more.

For this reason, it is important to instill safe and appropriate social media use onto our youths, and to teach them how to protect themselves from abusers, predators, hackers, and even from themselves. You see, many people unintentionally incriminate themselves by using their social media accounts irresponsibly. Whether facing a minor traffic penalty, or 10 years in prison for drug trafficking, a court can and will use social media accounts to prove their case against you.

Helpful Tips to Protect Yourself

It is important to understand that whatever you post is permanent, and that your page settings have no influence over the capacity for law enforcement and the government to access them at any given time. You must also understand that these groups and organizations retain innovative technologies that allow them to identify IP addresses, dates, times, locations, coordinates, and more, making it easy to prove their cases in court. Your internet use is never private to the government, no matter what your privacy settings say or do. Accepting these truths is the first tip.

It is also important to know that courts can use the data they collect from your social media accounts as evidence to build a case against you. For instance, if you are a suspect in a petty theft operation, and you tell police that you were at home with your family at the time the crime occurred as your alibi, but later, police find a Facebook post that was posted around the time you claimed to be at home. So then they use their technology to identify the coordinates of where the post was made, and they discover that the post was made from the parking lot of the store that was shoplifted from. This post puts you at the scene of the crime, therefore contradicting and nullifying your alibi. They can use this as evidence against you in a court of law.

If you are facing criminal charges, and you fear that your social media account may influence the court’s decision over your case, it is important to tell your criminal defense lawyer at your first meeting. They need all the information they can get to build a strong and impactful defense on your behalf. It is also imperative that you stop using all social media accounts during your legal process. In conclusion, you must understand that nothing you post is private. All of your internet use can be traced by high-security technology used by government organizations and law enforcement, including your location and more. And it can all be used as evidence to convict you of a crime.

Get Aggressive Criminal Defense

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. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can I Represent Myself in a Criminal Case?

Posted on July 25, 2017 by admin

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When you are facing criminal charges, you have the vital responsibility to do what you need to do in order to avoid the maximum penalties for your offenses. Not only is it important for you to cooperate with the legal system, appear for all your court hearings on time, pay all fees by their deadlines, and file the necessary paperwork as requested, you also have the responsibility of learning about the charges you face and the seriousness of the associated consequences.

For this reason, it is vital to your future and your freedom to hire an experienced criminal defense attorney to defend you in court. It is never recommended to represent yourself under any circumstances, unless you are appealing a minor traffic infraction. Continue reading to learn some information about representing yourself in your criminal case, and why an attorney is the best method for avoiding the maximum penalties for your criminal charges.

First Offense?

Many people wrongly assume that first time offenders are always let off easy, so they can simply represent themselves in court and save a few hundred dollars. But this is a risky gamble to take, especially since it is not true. First time offenders are not always let off the hook that easy. There are infinite factors that play a role in the type of penalties a person is sentenced to in court; it all depends on the offense, the county, the personal discretion of the presiding judge, and much more. Anyone can be penalized to the fullest extent, and under any circumstances, unless they have aggressive and experienced criminal defense.

The Complexities of Law

To represent yourself in court, you would need a full understanding of the law. There is just too much to know and too much to learn for someone with no experience in the field. The law is very complex and convoluted. It takes an experienced attorney to protect a defendant in court because they have years of experience and knowledge of the law. Aside from understanding the law, you would also need to be an expert in legal defense and know which strategies to use, how to use them, and when to use them. It is an art form and talent that takes years of commitment on a learning curve. An experienced criminal lawyer retains all of these skills and more.

The Less Obvious Penalties

Aside from the standard penalties you face under law for your criminal charges, there are also subsequent consequences that many offenders do not prepare themselves for. For instance, some offenses can result in losing professional licenses, driving privileges, fines, restitution, and more. A qualified criminal defense attorney can help their clients navigate these residual obstacles after being charged with a crime.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

What To Expect While On Probation

Posted on April 25, 2017 by admin

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Several offenders are put on probation each year, usually as an alternative to jail time. If you are one of these individuals, you should be relieved. Probation is a more lenient consequence to criminal charges compared to doing time in jail. After all, no one in their right mind wants to spend time behind bars, so it comes as no surprise that most offenders accept and appreciate probation in lieu of incarceration.

Although probation can be easy with cooperation, it can still be a scary time for anyone, especially first-time offenders. For this reason, it is helpful, and often comforting, to know what probation will mean for you. Continue reading to learn what you can expect while on probation in Indiana.

Terms of Probation

The first element you should know about probation is the importance of obeying all the rules. There is a long list of rules and restrictions while on probation, all of which must be adhered to 100% or severe legal and financial consequences will follow. Depending on the county of your conviction and probation, the rules will vary. However, all jurisdictions enforce the general requirements of probation.

General Conditions of Probation Include:

☛ Offenders must obey all laws and refrain from all further criminal activity.

☛ Offenders must satisfy all court-ordered penalties, such as community service, fines, fees, alcohol and drug education courses, counseling, substance abuse rehabilitation, and more.

☛ Offenders must be present and on-time for all probation meetings with their assigned probation officer.

☛ Offenders must refrain from all alcohol and drug use.

☛ Offenders must refrain from being in the company of other convicted felons and criminals.

☛ Offenders must take and pass all drug screenings on the date they are scheduled.

☛ Offenders must remain in the state.

☛ Offenders must maintain full-time employment.

☛ Offenders must immediately inform probation officer of address and job changes.

Probation Violations

If you break any of the rules of your probationary terms, your probation officer will find you to be in violation of your probation. Whether you are 5 minutes late for a probation meeting, or caught in a routine traffic stop with a convicted felon in your company, you will face penalties for the violation regardless of how minor the infraction. It is important to have an experienced Indianapolis criminal defense lawyer on your side to help you navigate all your probation violation legal problems. They are your best chance at avoiding the maximum penalties for probation violations, such as hefty fines, extended probation, and even jail time.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against probation violations in Indianapolis, Indiana. Our law firm has the experience, resources, and determination to build you an impactful defense to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense.

Cocaine Charges and Criminal Defense in Indiana

Posted on April 10, 2017 by admin

Indianapolis Cocaine Lawyer 317-636-7514

If you were recently caught with cocaine, you are facing serious drug charges. That is because cocaine is a Schedule II controlled substance in Indiana. The consequences of cocaine possession and trafficking are harsh, and can render life-long ramifications without proper criminal defense. If you are facing cocaine charges in Indiana, it is vital to your future and your freedom to retain the services of an experienced Indianapolis criminal defense lawyer. In the meantime, continue reading to learn more about Indiana cocaine charges, penalties, and criminal defense.

Indiana Cocaine Charges

Whether powder form or crystal form (crack cocaine), cocaine charges come with the same standard penalties in Indiana. A cocaine conviction can come with jail time, probation, community service, mandatory rehabilitation, large fines, a permanent criminal record, and much more. It can also cause people to lose professional licenses, jobs, child custody, and firearm rights.

Common cocaine offenses include possession, dealing, trafficking, and manufacturing. The penalties for each crime depends on the amount of cocaine and the intent of its possession. Below is a list of Indiana’s standard punishments for cocaine charges. These penalties can be increased if certain enhancements are present. Common enhancements include:

➤ Drug Manufacturing
➤ Priors for Dealing
➤ Possession of Firearm
➤ In Drug-Free Zones
➤ Presence of Children
➤ On School Grounds or Within 500 Feet
➤ Dealing to a Minor
➤ Dealing to Someone 3 Years One’s Junior
➤ On or Within 500 Feet of a Park or School Bus

Cocaine Penalties in Indiana:

Cocaine Possession Under 1 Gram – Class A Misdemeanor
0 Months to 1 Year in an Indiana County Jail Facility.
Probation up to 1 Year.
Fine up to $5,000 (Not including court costs and probation fees.)

Cocaine Possession Under 5 Grams – Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Cocaine Possession 5 to 10 Grams – Level 5 Felony
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison.
Probation up to 8 Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Cocaine Possession 10 to 18 Grams – Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.
Fine up to $10,000 (Not including court costs and probation fees.)

Dealing Cocaine Under 1 Gram – Level 5 Felony
Minimum of 1 Year – Average 3 Years – Max 10 Years in Prison.
Probation up to 8 Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Dealing Cocaine 1 to 5 Grams – Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

Dealing Cocaine 5 to 10 Grams – Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

Dealing Cocaine Over 10 Grams – Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

Indianapolis Drug Defense Lawyer

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense for cocaine charges in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. With our help, you can avoid the maximum penalties for your Indiana cocaine charges. Call 317-636-7514 to schedule a free initial consultation with an experienced Indianapolis criminal defense lawyer you can trust.

Options for Police When Children Commit Crimes

Posted on March 21, 2017 by admin

Juvenile Criminal Lawyer 317-636-7514

When a person who is 18 years of age or older is caught committing a crime, police will arrest them, detain them, and then take them into custody. Adult offenders are generally brought to a county jail, booked, and then given an opportunity to post bail once it is set by a judge. As for children who commit crimes, they are not always arrested, but if they are, they do not have the right to bail as adults do. Instead, a separate set of guidelines are in order for juvenile crimes and arrests.

Continue reading to learn which options police officers have when they are confronted with children who disobey the law and how they choose which one to use.

Detention and Penalties for Children

When a child is caught disobeying the law, a police officer has a few choices. His decision will depend on several factors, including the child’s age, the severity of the crime, the family’s ability to take over, and more. Here are 3 options a police officer has when faced with juvenile crimes:

❶ On-Site Counseling and Release

A police officer may decide that a child simply deserves a stern lecture and kind counseling as a penalty for their crime. For children who are young or have committed a minor infraction, such as j-walking or trespassing, a cop can decide to counsel a child at the scene, give them a lecture about making good choices and the consequences of poor choices, and then release them back into the streets. They choose this route with children who seem capable of reasoning and agreeable to discussion, and who is not a danger to themselves or others.

❷ A Ride Home in a Squad Car

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An officer may decide to give the child a ride home in the back seat of their squad car as a penalty. They will choose this avenue for a few reasons. For instance, they may choose this option if they believe releasing the child is necessary, but releasing them back into the streets would not be safe or in the child’s best interest. Not only does this option provide safety, it also teaches children a lesson. A ride in a cop car is serious, but showing up at home with a police officer is even more distressing. The officer will up the penalty by discussing the circumstances with the parents, who can then decide on
a proper remedy for their child.

❸ A Trip to the Police Station

If a minor’s crime is more severe, and does not fit the terms for a “catch and release” form of punishment, like the two mentioned above, a police officer will transport the minor to the police station. There, the juvenile will be detained in an office-like setting, but sometimes police may place them in a cell by themselves if a minor is being uncooperative. What happens next primarily depends on the circumstances and guardianship of the child. Usually, the child is detained at the station until the parents come to pick them up. For children who do not have available or adequate family members, they are placed into the custody of child protective services. But for more serious crimes, minors are placed in lock-up and charged accordingly.

Indianapolis Criminal Defense for Minors

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

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