Tag Archives: Indianapolis criminal defense tips

Critical Questions and Answers About Indiana Criminal Charges

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Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

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

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

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.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

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.

Do I Need a Criminal Defense Attorney?

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.

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 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!

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.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

Can I Still Get Arrested Even if I Was Not the One Committing a Crime?

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In life, regardless of age, you must choose your peers wisely. That is because the short answer to the question, “Can I Still Get Arrested Even if I Was Not the One Committing a Crime?” is yes. It is true that your presence alone could be enough to get you arrested and charged with a crime, even if you are innocent. You see, there are such offenses that permit law enforcement to arrest anyone who is in a “place of common nuisance.” The criminal charge for being present in a place of common nuisance is aptly referred to as, “visiting a common nuisance.” Furthermore, there is even a crime referred to as, “maintaining a common nuisance.”

Continue reading to learn more about these offenses, what to look out for, and how to avoid the maximum penalties for such criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

A Place of Common Nuisance

A “place of common nuisance” is considered to be any private property in which illegal activity is actively taking place. A place of common nuisance can be any structure, including houses, vehicles, apartments, hotel rooms, boats, and any other privately-owned residence. The most common types of crimes that occur in a place of common nuisance are the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Place of Common Nuisance

Anyone person who knowingly attends a place of common nuisance is committing a crime, and if caught, can be charged with the offense of “visiting a common nuisance.” Individuals can be arrested and charged with this crime without actually taking part in any illegal activity. Here is an example:

A girl begins dating a new guy, and visits his apartment for the first time. He lives with two other male roommates. His roommates sell illegal drugs and partake in drug use at the apartment at all times. If she were to be visiting her boyfriend’s apartment while police show up, she too could be arrested just for being somewhere where illegal activity is taking place. This rings true even if she did not partake in any drug usage or trafficking.

Maintaining a Common Nuisance

If a person permits someone, or a group of people, to partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” Imagining the same scenario as before, the boyfriend can be charged with maintaining a common nuisance for allowing his roommates to sell and use illegal drugs in the home. Similarly, if the girl lets her new boyfriend use drugs in her apartment, she could be arrested and charged with maintaining a common nuisance. The same applies to parents who allow their children to drink underage or use drugs in their home.

Facing Criminal Charges in Indiana?

David E. Lewis Attorney at Law

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

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

What You Need to Know About Pre-File Investigations

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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.

Criminal Defense Law Firm 317-636-7514

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

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.

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

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

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


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

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.