Information About State Felony Appeals and Criminal Defense

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. They have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

David E. Lewis Attorney at Law

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 how to get started on your defense.

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

If you were recently arrested on felony or misdemeanor charges, it would be wise to review some of the possible penalties you will face in court if found guilty. The most common court-ordered penalties include probation, ignition interlock devices, electric monitoring, home detention, community service, legal fines, and more. Violating any court-ordered terms and conditions can result in a separate set of criminal charges, including actual jail time. Continue reading to learn about some common court-ordered penalties, and which steps to take next if you are facing criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Probation

For anyone facing a misdemeanor charge, it is common to be sentenced to probation in lieu of serving jail time. Probation is a “probationary period” in which defendants must comply with all laws and court-ordered rules, while also completing all court-ordered tasks before their probation period is up. This period can last anywhere from 6 months to 2 years, depending on the type of convictions. It can also involve routine visitation to a probation headquarters to meet with a court-assigned probation officer. A probation officer’s job is to supervise an individual’s behavior, activity, and progress. Violation of any probationary terms, such as skipping a scheduled probation meeting or coming up positive on a drug test, can put a person back in front of another judge for additional sentencing.

Ignition Interlock Device (IID)

A common outcome for a convicted individual is an ignition interlock device (IID), which is much like a built-in breathalyzer inside a car. This device is generally reserved for habitual offenders, and installed in a person’s primary vehicle for the purpose of preventing them from driving drunk. An ignition interlock device is near the size of a mobile phone and usually installed in a car’s engine. It locks the ignition and prevents the vehicle from starting up until the driver breathes into the device, and renders a BAC level that is lower than 0.04 percent. If the offender has a BAC higher than that, the car engine will not start up. If the device reads a test that is over 0.04%, it records it and prints it out to local authorities. It is often treated as a violation, which can result in more penalties.

House Arrest

In place of jail time or imprisonment, a judge may order an offender to home detention, also known as house arrest. Those sentenced to home detention are not permitted to leave their premises under any circumstances, other than for work, rehabilitation treatment, drug/alcohol classes, court-ordered services, doctor visits, and other pre-approved activities. In fact, they are usually mandated to wear an electronic monitoring bracelet, also called an ankle monitor, which uses GPS to monitor where an individual is located. Overall, the main purpose of house arrest is to prevent a convicted individual who is under state supervision from committing more crimes or being involved in more illegal activity.

Additional Possibilities May Include:

☑ Random Drug Testing
☑ Victim Impact Panels
☑ Alcohol / Drug Education
☑ Substance Abuse Rehabilitation
☑ And More

Indianapolis Criminal Defense That Fights For You

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

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 how to get started on your defense.

How Does the U.S. Constitution Protect Our Basic Rights in the Criminal Justice Process?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Every citizen of the United States enters the criminal justice system following an arrest. What is the criminal justice process exactly? It is all the procedures and obligations that take place from the time a person is suspected of committing a crime, through the time of their prosecution, and all the way to the completion of their case. Generally, it involves arrests, indictments, and a series of hearings, including preliminary hearings, arraignments, trials, and appeals. It can also extend past sentencing and appeals in the form of probation, jail time, and parole.

The U.S. Constitution and Due Process

The U.S. Constitution provides certain protections that cannot be broken, regardless if under persecution of law. The first 10 amendments in the U.S. Constitution are called the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity.

Fourteenth Amendment (1868)
“(…) nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Additional Amendments to Be Grateful For

The 4th Amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as, decrees the limitations and requirements for search warrants.

Fourth Amendment (1791)
“(…) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause (…)”

The 5th Amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as, prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves. It protects much more too.

Fifth Amendment (1791)
“(…) nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

Sixth Amendment (1791)
“(…) the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime.

Eighth Amendment (1791)
“(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

If You Are Facing Criminal Charges…

It is only natural that you are concerned about your rights, your freedom, and your future. You may be asking yourself what to expect, but rest assure that you will have the protection of your U.S. Constitutional rights during the entirety of the criminal justice process. But you can’t just rely on your Constitutional rights to protect your from being sentenced to the maximum penalties for your criminal charges. This is why it is vital to retain a trusted and experienced Indianapolis criminal defense lawyer to protect your rights and your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 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.

Can I Go to Jail for Criminal Contempt?

Criminal contempt is a real offense that is punishable under law. If you are found in contempt of a public authority, such as a court or legislative party, you will need a lawyer to help you avoid the maximum penalties.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Criminal contempt is the act of intentionally disobeying or disregarding the rules, laws, and decorum of a public authority, namely courts and legislative parties. Such an offense differs from standard criminal infractions because it violates the misconduct of a court or legislative body’s regulations, rather than a penal or state law. However, the penalties can be quite similar. Furthermore, what constitutes criminal contempt varies from state to state.

Criminal Contempt Citations

There are numerous actions and non-actions that can lead to a citation of contempt. For instance, if a court has a “no food” rule, and someone continues to eat in the courtroom, a judge can find them in contempt of court if they do not comply upon an initial warning. Other common acts of contempt include violating a court order or bond condition, disrespecting the authority of court or court officials, and similar behaviors.

Common Penalties

As mentioned, what constitutes criminal contempt is not the same across the board, nor are the penalties. The possible penalties for a contempt citation depends on the local jurisdiction and the discretion of the presiding judge. In most cases, punishments generally include one or a combination of the following;

Jail Time – Offenders face possible jail time in a local county detention center, not a state or federal prison. The length of jail time can range anywhere from one day to 6 months, and in some cases, longer.

Fines – Fines vary depending on the type of offense and the local jurisdiction. Offenders have faced fines ranging from $50 to several thousand dollars.

Permanent Record – Offenders are at risk of having their contempt of court charges on their permanent record. This means it will show up on public background checks, allowing potential employers, landlords, banks, professional licensing associations, and the rest of the general public, access to the information.

Possible Defenses for Contempt of Court

Most states do not allow appeals for contempt of court charges since they are slighter offenses that are temporarily enforced and have lesser jail times. If a person is found in contempt of court, they have two options for obtaining relief from a judge’s order. They can either file a motion to reconsider or a Writ of Habeas Corpus. The latter is an allegation that the court ruling or judge’s order was excessive punishment or without good cause, and therefore, unlawful. In most cases, a defendant is responsible for obtaining private legal representation for criminal defense; however, some states will appoint a public counselor if the defendant is facing jail time.

An Indianapolis Criminal Defense Attorney You Can Trust

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 contempt of court charge 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. Call David E. Lewis, Attorney at Law at 317-636-7514 to schedule a consultation, today.

Learn What Makes a Crime Violent or Non-Violent

There are two main categories a crime can fall into: Violent or Non-Violent. Learn the difference between the two in order to better understand your criminal charges.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Crimes can be either violent or non-violent in the eyes of the law. Defendants, however, can commit one crime and be guilty of both. For instance, a person can trespass onto private property, which is a non-violent crime, and then proceed to assault someone, which is a violent crime. Continue reading to learn more about the difference between the two categories of crimes.

Non-Violent Crimes

A non-violent crime is a crime that does not involve any sort of physical violence. In detail, it is loosely defined as any crime that does not involve force or harm to another person. The extent of non-violent crimes are determined by the severity of loss incurred to the victim, as well as, economic damages, such as damaged property. Two of the most common non-violent crimes committed involve fraud, theft, or larceny. Here are some more examples of the most common types of non-violent crimes:

▣ Forgery
▣ Bribery
▣ Fraud
▣ Theft/Burglary
▣ Larceny
▣ Prostitution
▣ Embezzlement
▣ Arson of Personal Property
▣ Drug Possession
▣ Intoxication
▣ Illegal Gambling/Racketeering

Violent Crimes

Violent crimes are really not too difficult to point out. They are crimes that involve using force to cause physical harm to another person. Violent crimes are more serious, so naturally, they come with more severe penalties, including longer jail time, probation, fines, court-ordered penalties, and much more. The most common types of violent crimes include:

▣ Robbery
▣ Assault
▣ Battery
▣ Domestic Violence
▣ Homicide
▣ Sexual Abuse
▣ Rape
▣ Intimidation with a Deadly Weapon
▣ False Imprisonment

**Sometimes crimes such as harassment and stalking can be considered violent in a court of law if the result of the crime caused serious injury, whether physical or mental, to the victim.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Regardless of which type of crime you have been charged with, there are possible defenses for both. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to learn the best strategies for Indianapolis criminal defense. Our law firm will work around the clock to ensure your rights are protected and your freedoms are preserved. Take your best opportunity at avoiding the maximum penalties for your criminal charges, and call today. We offer free initial consultations.

Where Can I Get a Copy of My Criminal Record?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

There are a few different reasons why a person may need a physical copy of their personal criminal record. Many volunteer agencies require volunteers to procure and present their criminal history, while parents wishing to adopt a child may also be required to submit their criminal records in paper form. Other times, people simply want their criminal records for the purpose of remembering dates, or preparing answers about their criminal history for an upcoming job interview.

Regardless of why you might need or want a copy of your criminal record, obtaining one is not as clear-cut as you might assume. There is no collective, national database that stores your complete criminal history. So if you want a full report, you will need to know where to look. Continue reading to learn how to obtain a copy of your criminal record.

Local, State, and Federal Records

As mentioned, there is no cumulative database for your criminal records. Depending on the counties and states you have offenses in, you may need to look in multiple places to get a full copy of your criminal records. If you have only one infraction on your record, obtaining a full report is simple so long as you know which level of government your record falls under. Local records, state records, and federal records are all different.

Federal Offenses

Felonies are generally reported to the Federal Bureau of Investigation (FBI). If your conviction was a federal offense, you will need to visit the official FBI website and request a criminal history summary by filling out an application information form. This service is not free, and may cost up to $18 or more depending on current rates. You will need to send in a money order or certified check through the mail, or pay via electronic payment.

State and Local Offenses

For all other criminal offenses, you will need to contact the state or local authorities where your crime took place. The avenue in which to do this varies from place to place, so start by calling the Department of Justice or state law enforcement department. From there, they can get you in touch with the proper resources for obtaining a copy of your criminal records. The process of obtaining your state and local criminal records vary as well. However, you can expect to be asked to present payment, identification, documentation, and more. It generally takes between 2 and 4 weeks to get results in the mail.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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 prey to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Call 317-636-7514 today.

Which U.S. Amendments Protect Criminals’ Rights?

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights’ of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. Whether a person is being tried at a federal or state level, the courts will be asked if prosecuting the defendant violates any of these constitutional laws. Continue reading to learn which 5 amendments in the United States Constitution have to do with criminal matters, and how they continue to protect criminals’ rights.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

⚖ The 4th Amendment

The 4th Amendment prevents the government and law enforcement from implementing unlawful searches and seizures. It mandates that these parties properly request and receive a warrant in order to legally search a suspected criminal’s premises and property, as well as, to seize any personal properties that may serve as evidence. It also states that warrants can only be issued upon probable cause. The only exception to the 4th Amendment rules is under exigent circumstances, which means emergency action must be taken. This applies to kidnapping situations, terrorist threats, and similar emergency circumstances in which law enforcement cannot afford to wait for paperwork to process because lives are in danger. Also, if a person gives law enforcement consent to a search or seizure, a warrant is not needed for them to do so legally.

⚖ The 5th Amendment

This amendment involves double jeopardy, self-incrimination, and more. Under the 5th Amendment, a person cannot be tried twice for the same crime, nor can they be forced to testify against themselves. Lastly, it protects defendants against be deprived of life, liberty, or property prior to due process of the law.

⚖ The 6th Amendment

The 6th Amendment provides important rights for criminals. These are familiar to many people since the Miranda Rights are a well-known part of arrests. They include the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney.

⚖ The 8th Amendment

The 8th Amendment covers justice following an arrest. It protects criminals from excessive bail amounts, excessive fines, and cruel and disproportionate punishments.

⚖ The 14th Amendment

The 14th Amendment is special because it prevents states from enacting or enforcing laws that violate the freedoms, liberties, and protections of all U.S. citizens. And just like the 5th Amendment, it protects citizens from dispossession of life, liberty, or property without due process of the law.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to fight for your rights after being charged with a crime in Indianapolis, Indiana. He is a seasoned Indianapolis criminal defense attorney who provides aggressive representation for all clients, regardless of the crime. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, at 317-636-7514, and scheduling a free initial consultation, today.

What To Expect While On Probation

Probation Violation Lawyer 317-636-7514

Probation Violation Lawyer 317-636-7514

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

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.

What to Do if Immigration Police Show Up at Your Door

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

Indiana Criminal Defense 317-636-7514

Indiana Criminal Defense 317-636-7514

The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

What is Going to Happen at My Pre-Trial?

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

If you were arrested and charged with a crime in Indiana, you have the option of taking your case to trial, rather than enter into a plea deal. Nearly all cases never go to trial, but if you are adamant about your innocence, you can opt for a trial by jury, or a bench trial. Bench trials, however, are only granted if all three parties (the judge, the prosecutor, and the defense) agree to a bench trial. In a bench trial, the judge is the sole decision making and decides on the final verdict. At a jury trial, the jury decides the verdict and the judge decides the sentence. But the sentence is not handed down at the pre-trial.

If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.

Trial By Jury

The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.

After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.

Indiana Criminal Defense Trial Lawyer 317-636-7514

Indiana Criminal Defense Trial Lawyer 317-636-7514

When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.

When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.

After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.

When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.

Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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. Our team works around the clock to ensure your rights are protected and your freedoms are preserved. Call 317-636-7514 to schedule a meeting with an experienced criminal defense lawyer in Indianapolis, Indiana.