Tag Archives: Indianapolis Criminal Defense

A Fake ID Charge is More Serious Than You Think

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is that time of year when students bring their summer vacation to a close, and return to campus for another semester of school. One of the most common criminal charges that college students are arrested for, especially during back-to-school time, is using false identification to purchase alcohol or gain access into bars and night clubs. Although this is such a common offense among young adults under the legal drinking age, it is no less serious. In fact, the consequences of using a fake I.D. can be life-long, and affect a student’s reputation far after they graduate college.

The damaging effects of a fake I.D. charge on a person’s criminal record are reality, which is why it is critical to retain an experienced criminal defense attorney if you or someone you love is facing false identification charges. Continue reading to learn about the potential effects these kinds of charges can have on your life, and
what to expect when faced with them.

What to Expect From False ID Charges

You may wonder who would really care about a fake ID charge on your criminal record. After all, it seems like such a forgivable offense, right? Unfortunately, this notion is far from right. There are people and organizations that WILL care about a false identification charge on your criminal record. These mostly include the government and potential employers. Being arrested with, or for using, a fake ID makes a person look dishonest and untrustworthy to future employers and government organizations.

For instance, if you wanted to pursue a career in finance or other high-security field (engineering, intelligence, technology, etc.), this type of criminal charge could put you out of the running when up against other potential candidates for the job you want. At the same time, the government would view this criminal charge as a breach of trust, which can make it more difficult to get security clearances or obtain licenses. It can also impact an international student’s F1 Visa.

Actual Charges

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the state they committed the crime in. Some states charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more. On the other hand, prosecutors have the jurisdiction to charge offenders with more serious offenses in the case of a fake ID arrest, including misdemeanor deception or felony forgery.

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 or a loved one was arrested for using a fake ID in Indiana. He will stop at nothing to protect your rights and preserve your freedoms. Our Indianapolis criminal defense law firm offers free initial consultations to discuss the options for your case. Call 317-636-7514 to schedule an appointment with Indianapolis defense lawyer, David E. Lewis, today.

The Laws Surrounding Graffiti Crimes in Indiana

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

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 discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.

The Tough Reality Behind Underage Drinking Arrests

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Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

The summer is a time for outdoor fun and relaxation, and many friends and family spend this season enjoying outdoor activities like pool parties, barbecues, concerts, and more. And since alcohol consumption is a part of having fun and relaxing, many people like to add it to the entertainment. Unfortunately, this also includes those who are not yet old enough to legally consume alcoholic beverages. Although underage drinking is illegal, it is bound to take place anyway. So if an underage person is caught by law
enforcement, it will lead to an arrest.

If you were recently arrested for underage drinking, you are facing a list of potential consequences. Consequences that are much worse than how your parents will react to your arrest. Continue reading to learn what to expect from underage drinking charges, and the proper steps you need to take after an arrest to secure your future.

The Outcome of Arrest

In Indiana, an underage drinking conviction is a misdemeanor, which is any crime punishable by up to one year in jail. You can expect to lose your drivers’ license, and be sentenced to several court-ordered penalties like probation, community service, large fines, ankle monitors, random drug tests, and even jail time. In fact, if you are found with a false I.D. you are more likely to face some jail time. The extent of your penalties will be entirely up to the judge and prosecution.

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Aside from the general penalties of an underage drinking conviction, a misdemeanor can drastically change a person’s otherwise bright future. Teens and young adults arrested for this youthful mistake also face life-altering consequences. For instance, a criminal record can make it much harder to obtain college admissions and/or scholarships. It can also impact internship and job opportunities.

What to Do Next

The safest and most effective step towards minimizing the life-long consequences of an underage drinking charge is to hire an experienced Indianapolis criminal defense lawyer to professionally navigate your case. They have the knowledge, experience, and drive to build an impactful defense on your behalf, and work with the prosecution to reduce your charges and subsequent penalties as much as possible.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for experienced and aggressive Indianapolis criminal defense you can trust. He is a seasoned criminal defense lawyer with decades of experience representing clients facing a wide range of criminal charges. If you or a loved one was arrested for underage drinking in Indiana, he can protect you from over-penalization and unfair sentencing conditions! Call 317-636-7514 to schedule a free initial consultation, today.

Common Criminal Law Terms and Definitions

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

If you or a loved one was recently charged with a crime, you will soon be surrounded by legal jargon that might confuse and intimidate you. Criminal law terminology is not always clear and straightforward. Many meanings can be complex and multi-faceted, so it is important to always retain the services of an experienced attorney who can guide you through the process accurately and securely.

In the early stages of retaining a licensed defense lawyer, it helps to review some common criminal law terms and learn their definitions. This allows you to prepare questions for your initial meeting with your criminal defense attorney and better understand your legal circumstances. Below you will find some very common and basic criminal law terms defined for your convenience.

Legal Terminology for Criminal Charges

Acquittal – A jury verdict that drops charges against a defendant who has not been proven guilty beyond a reasonable doubt.

Admissible – A term used to describe whether or not evidence can be used in a criminal case.

Affidavit – A printed or written statement of facts that is made under oath, usually by a defendant or witness.

Appeal – A post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly.

Appellate Court – The court with the power to review the judgements of lower courts and tribunals.

Arraignment – An initial legal proceeding where a person suspected of a crime is brought forth to court to hear their charges and asked to plead guilty or not guilty.

Bail – The release from jail of a person who was arrested and accused of a crime, but only under restricted conditions designed to secure the person’s appearance in court.

Bench Trial – Trial with no jury, where only a judge decides the facts.

Capital Offense – A crime punishable by death.

Case Law – The law, as established in previous court rulings; also called legal precedent.

Circumstantial Evidence – All of the evidence in a case that is not eye witness testimony.

Conviction – A judgement of guilt against a person accused of a crime.

Community Service – A court-ordered condition that requires offenders to perform work without pay for a civic or nonprofit organization.

Discovery – Disclosure of evidence among counselors before trial. Lawyers examine the facts, documents, and evidence in their opponent’s possession.

Diversion Program – Alternative to criminal prosecution for cases that are usually eligible for dismissal. May include the use of educational classes, victim panels, rehabilitation programs, community service, and more.

Due Process – The constitutional guarantee in criminal law that ensures every defendant will receive a fair and impartial trial.

Evidence – Information, presented in either documents or testimony, used to persuade a judge and/or jury to rule in favor of one side or the other.

Felony – A serious crime that is punishable by one year or more in prison.

Indictment – A formal charge issued by a grand jury that declares there is enough evidence that a defendant committed a crime to justify a trial. Generally used for felony cases.

Jail – A place of detention for individual’s awaiting trial for minor criminal charges.

Judge – A government official that has the authority to decide on legal cases brought before the court.

Jurisprudence – The study of law and the structure of the legal system.

Jury – A group of anonymous people, selected according to law, to hear the evidence in a trial and render a verdict based on facts.

Misdemeanor – Any crime that is punishable by up to one year in jail. A crime that is less serious than a felony.

Motion – A request made by a litigant in a trial, asking a judge to make a decision on a related matter in the case.

Nolo Contendere “No Contest” – A guilty plea in which the defendant does not directly admit guilt or innocence, and refuses to contest the charges against them.

Plea Bargain – An agreement made between a defendant and the prosecution in which the defendant pleads guilty in exchange for reduced charges or sentencing.

Pretrial Conference – A meeting of the judge and lawyers before a trial to examine evidence, review witnesses, set a timetable, discuss which matters should be presented to the jury, and the settlement of the case.

Probation – A federal court-ordered period of monitored supervision, handed down as an alternative to jail time.

Prosecute – To charge a person with a crime.

Sentence –Legal punishment ordered by a federal court for a defendant who has been convicted of a crime.

Standard of Proof – The level of proof required to convict a person of a crime. In criminal cases, prosecution must prove “beyond a reasonable doubt” that a defendant is guilty.

Testimony – Oral statements given by witnesses, field experts, and other relevant parties in a criminal case.

Uphold – When a higher appellate court agrees with the lower court’s decision, and allows their judgement to stand.

Verdict – A judge or trial jury’s decision of “guilty” or “not guilty” of a defendant in a criminal case.

Warrant – A written court order authorizing the arrest or search a person suspected of committing a crime. Generally carried out by law enforcement.

Writs – A formal written court order commanding a person to refrain from or take certain action.

David E. Lewis Attorney at Law

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indiana. He is an experienced Indianapolis criminal defense lawyer that will work around the clock to build you an impactful and aggressive defense on your behalf. Trust our law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.

What is Probable Cause?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In the criminal law world, the term “probable cause” is heard often. Perhaps you have heard it in crime movies or police shows as well, but have never really understood its meaning. Well today, we will discuss the meaning of probable cause in the criminal justice world, and how it can play a role in a person’s criminal charge and subsequent conviction. Use this information to protect yourself from an arrest in the future.

A Legal Standard

There are several factors that influence an officer’s level of authority in a situation, but probable cause is one that plays a major role. Probable cause is a legal requirement that must be present or met in order for a police officer to make an arrest, conduct a search (personal or property), or obtain a warrant. Probable cause is facts or evidence surrounding a situation that would lead a “reasonable” person to believe a suspect has committed a crime. Indiana Code § 35-33-1-1 fully-outlines the details of this legal standard.

Examples of Probable Cause

The most common examples of probable cause start with our senses. If a police officer sees, hears, or smells anything that is a sign of a particular crime, they may use it as probable cause. For instance, if a police officer stops a vehicle for a routine traffic violation, perhaps a burnt-out tail light, they can proceed with an investigation if they see an open alcoholic container in the driver’s cup holder. In the same scenario, if the officer smells a strong scent of marijuana or other drug, they can also use that evidence as probable cause to search the vehicle.

In another example, if a tells the police officer that they had a few drinks at the bar, the cop could use that information as probable cause to breath test or implement a field sobriety test. Scenarios that are not considered probable cause include speeding, broken taillights, expired vehicle registration, loosened or crooked license plate, and other routine traffic violations. Also, in order for a police officer to search your private property, they must have a search warrant. However, police do not need a search warrant to search your vehicle if they have sufficient probable cause to do so.

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 if you are facing criminal charges in Indianapolis, Indiana or its surrounding counties. He provides aggressive criminal defense, and will fight for your rights, and stop at nothing to protect your freedoms. Call 317-636-7514 to schedule a free initial consultation today.

Tips for Avoiding Arrest at the Indianapolis 500 Race Track

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

It’s that time of year again when race fans from all across the country flock to the Indianapolis Motor Speedway for the annual Indy 500 race and the events surrounding its return. But this year is extra special since it marks the race’s 100th anniversary. Hoosiers have already enjoyed watching the qualifications and taking part in the Armed Forces Pole Day, but we still have the Indianapolis 500 parade and Carb Day to look forward to before the actual race. And although the outcome of the race is unpredictable, the
activities that will take place at the track aren’t.

Every year, the excitement and universal comradery is generally accompanied by a copious amount of grilling out, eating food, and of course, drinking cold beverages, namely alcoholic ones. In fact, Race Day is well-known in the Indianapolis law enforcement circles as one of the highest arrest days of the year. A combination of under-age drinking, public intoxication, disorderly conduct, and even drunk driving are all repeat crimes seen by police every year. If you and your friends are planning a big celebration at the track this year, be sure to review some helpful tips that can prevent an untimely arrest on Race Day.

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Although it is perfectly legal to be intoxicated in public, it is at the discretion of the police officer to determine if a person’s intoxication is a danger or annoyance to themselves or others. For this reason, it is best to act appropriately when drinking in public to avoid being profiled by police. In fact, you might as well accept the fact that you and your group WILL BE profiled by police at the race. That is their job and it is how they keep the track safe and fun for everyone.

Here are some behaviors to avoid so you can avoid being arrested for a PI or other alcohol-related crime, including disorderly conduct, driving under the influence, under-age drinking, and more.

AVOID…

Under-age drinking. Parents of teenagers that are attending the race should discuss the dangers of under-age drinking with their kids. They should also do what they can to make sure their kids and their friends are being safe at the track. Provide rides if you can, and double-check backpacks, coolers, water bottles, and pant-pockets for hidden or disguised alcohol. They will even hide it in their waistbands and underwear. And also call them, or have them check-in, every so often to ensure they are still safe and behaving responsibly. There are thousands of people that attend this race, so you can never be too sure with your teens.

Over-drinking. It is fun to drink alcohol and relax with friends, but it is not fun to be overly-intoxicated. This takes away from your pleasure, as well as, the pleasure of others. But most importantly, it is dangerous. Always drink plenty of water, and an additional water between each alcoholic beverage. This will allow you to feel relaxed and have fun, while also staying alert for the entire day. After all, you want to remember the race!

Drinking and driving. Just two beers or cocktails can put a person over the legal limit. If you plan to “pre-party” before heading down to the track, always designate a sober driver. There will be DUI checkpoints, and the risk of putting yourself, your passengers, and other drivers in danger is not worth it. Once you are at the track, be sure to set up a sober driver for the way home, or plan to take an Über or taxi.

Aggressive or rambunctious behavior. If you are acting in a way that is alarming, annoying, or unsafe for others, or unsafe for yourself, you can be arrested for public intoxication. If you are not drinking, you can still be arrested for disorderly conduct. This also includes starting fights, using an abundance of foul language, making threats, aimlessly wandering around, bothering other patrons, and any other behaviors that are not comfortable for others or safe.

J-walking and other pedestrian infractions. One of the most prevalent offenses that takes place every year involves simple pedestrian laws. Just be sure to abide by all the pedestrian walking laws so you do not bring attention to yourself and your group. Remember, these laws are in place to keep people safe.

Stumbling, swerving, and swaying. If a police officer notices that a person is not walking straight, slurring their words, or falling asleep, they will assume they are intoxicated. And they could make an arrest. Be sure to walk straight, do not slur your words, and remain composed to avoid a public intoxication charge.

Urinating in public. It sounds obvious, but after a handful of drinks, a person might think it’s okay to relieve themselves in a public area other than a restroom or port-o-potty. This is a big No-No. If you choose this behavior and a cop sees you, you will surely be arrested on the spot if you are drunk. If you are sober, they will issue you a citation that will obligate you to show for court, pay a fine, or both.

Tips for Handling an Arrest

If you are faced with an arrest on Race Day, do not fear. Most public intoxication charges are misdemeanors that come with no jail time. You will simply be taken to jail to “sleep it off” and released the next day. The best thing you can do once you are approached by a police officer is tell the truth and cooperate. They will make the process easier and more comfortable for you if you do the same for them. After you are released from jail, consult an experienced criminal defense attorney before pleading guilty or no contest to a judge. They can possibly get your charges reduced, dismissed, or expunged if you are willing to complete educational courses, rehabilitation, or other similar programs.

Arrested at the Indy 500?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with an alcohol-related crime in Indianapolis, Indiana. He is a seasoned and aggressive criminal defense lawyer that can build you a powerful and impactful defense against your criminal charges. If you are arrested at the Indy 500, or in Speedway, IN, call 317-636-7514 for Indianapolis criminal defense you can trust.

The Difference Between Probation and Parole

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Although probation and parole are similar to one another because they are both alternatives to incarceration, they are quite different in detail. The primary difference between the two, which we’ll discuss further later on, is that probation often takes the place of jail time, whereas parole occurs after a person’s early release from prison. But they are also similar in the fact that they both subject an offender to temporary legal supervision and obligate them to follow a set of strict rules.

Continue reading to learn more about the differences between probation and parole.

Probation

After a person is found guilty of a criminal charge, they are sentenced to certain legal penalties. These penalties often include jail time, fines, community service, impact panels, substance abuse classes, and more. Depending on the severity of the crime and the person’s criminal history, a judge may grant probation in place of jail time. Probation is a temporary period of legal supervision, often managed by a jointed probation agency, which allows offenders to show the court they wish to repent and rehabilitate after their conviction.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

During this time, offenders are legally obligated to follow a list of rules, called probation conditions, which include retaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Those on probation are managed by a probation officer, and subject to random warrantless searches and drug tests without probable cause.

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as, complete all court-ordered classes, community service, or rehabs. So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term.

Parole

Parole occurs after an offender is released from jail. Parole comes with the same set of rules and requirements as probation, called conditions of parole. Offenders report to a parole officer on a regular scheduled basis, and subject to all the same conditions of a person on probation. If an offender fails to comply with these conditions, the parole officer will file a report with the parole board, who will then rule as to whether or not the person should go back to jail or sentenced to stricter parole conditions.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a misdemeanor or felony crime in Indiana. He is an aggressive and powerful Indianapolis criminal defense lawyer that retains extensive trial and litigation experience in criminal law. Call 317-636-7514 to schedule a free initial consultation to discuss the best strategy for your defense.

The General Terms of Felony Probation

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.

What is the Brady Bill and How Does it Relate to Gun Control?

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

These days, it seems as though national gun-related crimes are gaining frequency every time we turn on the news. And from all these reports and unfortunate events, the inquiry that never fails to arise is a question of whether or not the assailant should have had access to a gun. In the United States, every adult has the right to bear arms, according to our country’s constitution. But in today’s society, it is very easy for a person to lose their right to carry, posses, own, or purchase a firearm.

The state and federal governments can disqualify an individual of these rights based on their criminal record. In fact, there is a term called, Brady Disqualified that is used in gun control law. It is related to the Brady Bill, which we will discuss further in this blog. Continue reading to learn about the Brady Bill and how it relates to gun control in our country.

Brady Disqualifications

The Brady Bill, also called the Brady Handgun Violence Prevention Act, was passed by congress in the mid-1990’s with the help of a man named James Brady. James Brady was an assistant and Press Secretary to Ronald Reagan . On March 30, 1981 in Washington, Brady and Reagan were walking in-between the Washington Hilton Hotel, on their way to the Presidential motorcade. During this walk, a man named John Hinckley Jr. shot Brady in an attempt to assassinate the President. James Brady suffered a gunshot wound to the left eye, leaving him alive, but in serious condition. He was not only blind in the left eye, he also suffered partial paralysis and slurred speech, causing him to spend the majority of his life afterwards in a wheelchair. From that day, Brady and his wife dedicated the rest of their lives lobbying for gun control. They wished for laws to place tight restrictions on handguns and other assault weapons. As a result of their passion and fervency, Brady was able to help facilitate the passing of the Brady Bill.

The Brady Bill altered the political landscape for gun ownership and possession. Any person that wished to purchase a firearm from a federally-licensed importer, manufacturer, or dealer was required to pass a full background check. An FBI-based system called the NICS check, or National Instant Criminal Background Check System, is still used to this day to run these scans. It also placed specific exclusions and restrictions on the right to own, possess, or purchase firearms.

For example, if a person has a criminal conviction that was punishable by a jail term of more than one year, is a fugitive of the law, is a habitual substance abuser, has been adjudicated as being mentally ill or committed to a mental institution, is an illegal alien, has been dishonorably discharged from armed forces, has relinquished citizenship, or was convicted of stalking, harassment, Domestic Violence Lawyer, making threats, or other Violent Crimes Lawyer, they can be Brady Disqualified from owning or possessing a firearm.

In Indiana, in order to be Brady Disqualified under any of the above-mentioned exclusions, there has to be a court order and hearing addressing the specific events that disqualifies a person of their right to bear arms. To undo a Brady Disqualification, a court order is needed. It is best to discuss your rights with an experienced criminal defense attorney. They have the knowledge and resources to accurately assess your case and divulge your rights.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call The Law Office of David E. Lewis at 317-636-7514 for information about Brady Disqualifications in Indianapolis, Indiana. David E. Lewis, Attorney at Law, is experienced in criminal defense that can help you with your legal problems. If you have been charged with a crime that could potentially preclude your right to bear arms, call Attorney David E. Lewis for help with your case. Call 317-636-7514 and schedule a free initial consultation for criminal defense in Indianapolis, IN today.