Can I Be Arrested For Committing an Infraction?

Posted on October 4, 2022 by admin

Crimes are categorized and classified, then sub-categorized and sub-classified. But all crimes fall under one of three principal categories: felony, misdemeanor, an infraction. State legislation is to thank for the way crimes are categorized in your town and they do this based on their severity. Infractions, as you might have guessed, are the least serious type of crime. But they are crimes, nonetheless.

Because of their less-serious nature, many people are confused as to whether or not an infraction is grounds for arrest. Continue below to learn if you can be arrested for committing an infraction in Indiana, plus what to do if it happens to you.

Misdemeanor Lawyer Indianapolis Indiana 317-636-7514

Petty Offenses in Indiana

Here in Indiana, infractions are considered petty offenses, which is why they are more commonly referred to as violations than they are infractions or crimes. For this same reason, most people do not think they are grounds for a physical arrest, and they would be right. Most people are not arrested for committing an infraction-level offense, nor sentenced to jail or probation.

No Arrest and No Jail Time

Because defendants facing an infraction are not facing jail time or probation, they do not get a jury trial. This means they do not get a court-appointed public defender either. Defendants facing infraction charges have the option to hire their own private Indianapolis criminal defense attorney or represent themselves. Rather than a jury deciding on the outcome of their case, the judge will be the main decision-maker on handing down a verdict. Although you have the option, it is not usually necessary to hire a lawyer for an infraction case. Your best course of action would be to discuss your situation with the traffic court administrators.

The Most Common Types of Infractions

The most common types of infractions typically involve traffic offenses. This means that the majority of infraction cases are civil rather than criminal. If you are guilty of an infraction, you will likely be cited on the spot by a licensed officer or you will receive a bench warrant in the mail. A common example of an infraction would be a speeding ticket that requires payment of a fine and takes a point off of your driving record.

Misdemeanor Crimes

Misdemeanor crimes are more serious than infractions because they pose the risk of jail time, probation, restitution, and several other court-ordered penalties. Misdemeanor crimes are categorized into three “Classes” based on the seriousness of the crime: Class A, Class B, and Class C. They are punishable by up to 1 year in an Indiana Department of Corrections facility, fines up to $5,000 (not including court costs and probation fees), and several other penalties which include: suspended drivers’ license, probation, routine urine screening, community service, alcohol/drug education, victim impact panels, high risk auto insurance, and more. If you are charged with a misdemeanor in Indiana, it is important that you hire a licensed Indianapolis criminal defense lawyer to fight your charges and obtain the best possible outcome in court.

Do you want access to the best possible chance at beating your misdemeanor or felony charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Will I Be Tried in State or Federal Court?

Posted on September 9, 2022 by admin

Are you facing criminal charges? It helps to know which court system you will be tried in before your initial hearing. State and federal court are the two primary court systems in which all other courts fit under. Between the two, there are several key differences that distinguish one court from the other. Continue reading to learn more.

Federal Court Lawyer Indianapolis Indiana 317-636-7514

State Court System Versus Federal Court System

Establishment

The first difference between the two justice systems is their source of establishment. State courts are established by the state or local government. Under state-established courts, local courts are also recognized by cities, counties, and additional municipalities. In contrast, federal court systems are nationally established by the United States Constitution. Under this establishment, the cases that are contested involve the U.S. Constitution, national offenses and laws passed by congress.

Jurisdiction

Another primary difference between the two court systems is jurisdiction, or authority to rule on a case. The types of cases the two courts are permitted to oversee depend on their particular jurisdiction, which can vary depending on several factors. State courts, for instance, have a broad range of jurisdiction, and generally hear numerous types of state-level infringements like traffic violations, minor drug possession, theft, breach of contracts, domestic violence, custody disputes, and various other types of state-level cases and misdemeanor offenses.

Federal courts, on the other hand, only hear cases that involve crimes in violation of the United States Constitution or laws passed by Congress. These are generally more serious cases and felony offenses, such as sex crimes, drug trafficking, white collar crimes, aggravated or violent crimes, bankruptcy, copyright or patent infringements, maritime law cases, and lawsuits against the United States. Federal authority applies to the entire nation, including all 50 states and the District of Columbia, as well as the U.S. territories.

State courts are not allowed to rule on federal-level cases. However, although it is rare, it is possible for both court systems to have jurisdiction in a case. Similarly, federal courts may be permitted to rule on cases involving state laws if the dispute is about a state law potentially violating the Constitution.

Here is an example to better understand which crimes will fall under which category:

If a person robs a bank, they may be tried under state or federal law depending on how the reserves are insured. There are not very many federal laws about bank robbery, so most are tried at a state level. However, if the bank’s reserves are insured by a federal agency, the robber would face felony charges in the federal court system.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Do Misdemeanors Show Up on a Background Check?

Posted on September 20, 2019 by admin

Are you someone with a criminal past, and now worried what your background check says about you? If so, it is strongly encouraged to run a background scan on yourself to know exactly what others can have access to when it comes to your criminal record. Even if you only have minor offenses and misdemeanor arrests on your criminal background, it can still have an effect on several aspects of your life, from employment to dating, and everything in between.

Continue reading to learn what is likely to show up on your background check, as well as, where you can get help restricting access to your criminal record in Indiana.

Misdemeanor Criminal Defense and Expungement 317-636-7514

The Misdemeanor Affect

Although misdemeanors are less serious charges and convictions compared to felonies, they are still grim since they affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. And the record of this arrest and suspected offense still show up on a person’s personal and public record FOREVER, even if the charges are dismissed and no conviction was ever made.

So who can view these records? Anyone who has access to a computer, library, or police station. They are public records, which means they are available to anyone who takes the time out to seek them. Such parties include employers, landlords, brokers, school admission offices, neighbors, play group parents, and even potential romantic partners.

Will Your Misdemeanor Show Up?

Misdemeanor arrests, charges, and convictions are less serious types of crimes, so they are typically prosecuted by the county. So, in the case that a potential seeker of your criminal history performs a background check on a state program that does not include the particular county of arrest, there is a chance that your misdemeanor will not be on the scan results.

Furthermore, some background check portals are less comprehensive than others; so the higher quality background check source used, the more information it is likely to show. There are even paid background checks that really dig deep into a person’s criminal record, driving record, academic record, and more. Generally, employers and school admissions use these types of scans.

How to Restrict Criminal Records in Indiana

A new law regarding criminal record expungement has recently been passed in Indiana, which means that certain people now qualify to have their criminal records hidden or eliminated from public access. The process requires extensive filing and paperwork, all of which is very complicated. For this reason, most applicants hire a licensed criminal defense attorney who specializes in the service. You only get once chance to apply, and a minor error like a misspelled work or missed deadline can revoke your right to petition, forever.

Where to Get Started on Indiana Expungement

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana, and for Indianapolis misdemeanor criminal defense you can trust. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Do I Need a Lawyer for Traffic Court?

Posted on August 28, 2019 by admin

From the moment you get your drivers’ license, it is only a matter of time before you wind up being pulled over for a minor traffic offense. It is simply a part of the learning curve of operating a motor vehicle under Indiana state and federal laws. From broken taillights and expired plates, to speeding, illegal U-turns, running red lights, and more, there are plenty of minor to moderate traffic offenses that drivers can be cited for on the road. However, there are also quite of few serious traffic offenses, such as reckless driving, unlicensed driving, underage driving, intoxicated driving, and more.

If you were recently cited for a traffic offense, you are likely wondering what to expect from the process, including your personal obligations to resolve or satisfy the citation. One of the most common questions drivers ask regarding traffic offenses is whether or not they will have to go to court; and if so, whether or not they require a traffic court lawyer.

Continue reading to learn what you need to know about hiring a lawyer for traffic court.

Indiana Traffic Court

When you are given a ticket for a minor traffic offense, typically you would simply pay the fine by following all instructions on the documents provided by the issuing officer. But if you pay the fine, it is the equivalent of pleading guilty to the traffic offense. This is where traffic court comes into play; if you want to refute or contest the ticket, you will need to do so in a court of law. The instructions for notifying the proper authorities that you wish to appeal the ticket would also be included in the documents provided to you at the time of the citation.

Why go to court? Well, many traffic offenses, such as speeding, will cause a driver to lose points on their driving record. In turn, loss of driving points can affect automotive insurance coverage, insurance rates, professional driving licenses, rental car eligibility, and more. Ultimately, the loss of too many driving points can result in a suspended or revoked drivers’ license.

When to Hire a Traffic Court Lawyer

If you believe that you were unfairly or falsely cited for a traffic offense, you can choose to represent yourself in traffic court. However, if your driving record is on the brink of serious penalization, and another traffic conviction might mean losing your driving privileges, it is wise to discuss your case with a licensed attorney. They can determine how strong or impactful your case is, and provide the proper legal guidance to avoid a traffic conviction.

Misdemeanor Traffic Lawyer in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana misdemeanor traffic charges so that you have a chance at avoiding the maximum penalties for your suspected traffic offenses. Our Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

What You Need to Know About Misdemeanor Charges

Posted on November 16, 2018 by admin

Criminal Defense Law Firm 317-636-7514

Criminal acts range in severity, from minor infractions to major offenses, which is why the law breaks down crimes into two chief categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the more serious of the two, as they include major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses. Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties.

If you or a loved one were recently arrested on misdemeanor charges, it is wise to do your research and learn what to expect in all the possible outcomes. Continue reading to learn some important information about misdemeanor convictions and penalties in Indiana, including where to find the most aggressive criminal defense.

Misdemeanor Classifications

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanant Expectations

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines (possibly restitution as well), complete a certain amount of community service hours, complete rehabilitation or anger management classes, attend victim impact panels, serve a term of probation, and more. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense.

Misdemeanor Probation

Probation is a very common outcome of a misdemeanor conviction. The average term of probation generally ranges between 3 months and one year for misdemeanants. Conditions of probation also vary among misdemeanants, ranging in leniency and stringency. Most conditions of probation include regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time.

Indianapolis Misdemeanor Lawyer

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

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

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Tag Archives: Indianapolis Misdemeanor Lawyer