Should I Choose a Public Defender for My Indiana Criminal Case?

Posted on January 27, 2021 by admin

When faced with Indiana criminal charges, there is no room for error. It is vital that you instantly get to work building a strong and impactful defense that will protect your rights, preserve your freedoms, and most importantly, keep you out of jail. Not only can jail time negatively impact your family and home life, but it can also cost you your employment, which you will be needing to uphold your quality of living and caring for your family. Furthermore, certain freedoms can be forfeited, such as traveling, driving, or even leaving the home if you are ordered to wear an ankle bracelet for house arrest.

Basically, criminal charges are not a situation to take lightly, so it is wise to ensure you have responsible, full-time legal defense on your side. Your lawyer is the key to meeting all of these objectives and more, so your decision on who to hire can greatly influence the outcome of your case.

Continue reading to answer the question, “Should I choose a public defender for my Indiana criminal case to save some money?”, and where to learn more about how to beat your Indiana criminal charges.

Private Indiana Criminal Defense 317-636-7514

Public Defenders are Qualified Attorneys

It is true that public defenders are real, board-certified attorneys. It is also true that they are free of charge for criminal defendants. Instead, they earn their income through the government, who pays them to defend those who are not capable of retaining a private lawyer. Although it varies among jurisdictions, most often, the defendant themselves are responsible for proving their financial inadequacy for legal representation through tax documents and pay stubs.

Not Everyone Gets a Public Defense Offer

Most often, those who are offered public defense are those who are facing jail time for a misdemeanor or felony offense. For those who are facing minor criminal charges, such as Class C misdemeanors, infractions, and traffic violations, are not likely to be granted public defense. If your income level exceeds the jurisdiction’s cutoff for financial legal aid, then you will likely not be offered a public defender, or may be required to formally request one. It varies from county to county.

Public Defense is a Busy Job

Talk about having a lot of clients. Public defenders are notorious for being overloaded with criminal cases, and therefore, not able to devote a lot of time per defendant. This is extremely detrimental to the outcome of a defendant’s criminal case, since a private criminal defense law firm devotes all of their time to creating the strongest, most impenetrable defense against their client’s criminal charges. Although they know the court system and presiding judges well, they simply do not have the time to ensure your criminal case is viable.

When You Will Be Given the Option

You will be given the option of choosing a public defender usually at your arraignment (pre-trial court appearance) or at the preliminary hearing. Arraignments are held directly after a defendant’s arrest, while initial hearings are generally scheduled between 14 and 24 days, depending on whether the defendant is in jail or not. In some cases, a defendant is assigned a public defender at the arraignment, but then has the option to choose private defense if charges are actually filed against them.

Choose a Certified Criminal Defense Lawyer Who Can Beat Your Indiana Criminal Charges

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who 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 Indiana criminal charges. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction in Indianapolis, or throughout the state of Indiana. Request a consultation, today.

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Answers to Your Questions About Public Defenders

Posted on March 27, 2019 by admin

When facing criminal charges in the United States, a defendant is given the privilege of choosing between public or private criminal defense. By opting for a public defender, a person is not obligated to pay for lawyer fees. But there is more to know and understand about public defense before moving forward with such representation.

Continue reading to review some common questions regarding public defense, and who to call for trusted legal advice in Indianapolis.

What is a Public Defender?

Are Public Defenders Real Lawyers?

Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. The major difference between private and public defense is case load. Public defenders are usually much busier, and have multiple cases working at once, which takes away from the time they can put into to a person’s defense.

Can Anyone Have a Public Defender?

If a defendant opts for a public defender, one will be appointed to them until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

When Will I Be Offered a Public Defender?

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty’ or ‘not guilty’ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

Should I Choose Public Defense?

For serious criminal charges, private representation is vital in order to get the personalized, one-on-one attention your case needs to avoid the maximum penalties for your charges. Even for minor to moderate cases, private representation is a better choice because they can afford to dedicate 100 percent of their time and attention to building a strong and impactful defense against your criminal charges.

Who Can I Trust for Private Criminal Defense in Indianapolis?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. 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.

Frequently Asked Questions About Going to Criminal Court

Posted on May 11, 2018 by admin

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own; and this only adds more anxiety and frustration. One of the topics that defendants have about their criminal case has to do with the court system. This is quite understandable since court policies and procedures differ greatly from city to city, and depend on the severity and type of crime.

To help put your mind at ease, talk to your trusted Indianapolis criminal defense lawyer for professional advice pertaining to your unique case. In the meantime, familiarize yourself with some common answers to some frequently asked questions about criminal court.

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What are the Types of Criminal Courts in Indiana?

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe.

What is a Preliminary Hearing?

Essentially, preliminary hearings are the beginning of the indictment process for many criminal cases. Prosecution will build a case against a suspected defendant, and then bring it to a judge for approval to move forward with filing formal charges against the defendant.

Is a Failure to Appear a Crime?

Yes. If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

What Can I Expect From a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a first choice for someone facing serious criminal charges.

Can I Represent Myself in a Criminal Case?

Yes, but you should never do this. You do not have the adept knowledge of the law, nor the long-standing professional relationships with the local courts, prosecutors, and judges. Furthermore, a licensed criminal defense lawyer has the competence to build an impactful and aggressive defense on your behalf to protect you from being sentenced to the maximum penalties if convicted.

What Will Happen at My Trial?

What happens at your trial will depend on several factors, including the type of court your case is being adjudicated in, your criminal history, the severity of crime, and your representing attorney. Talk to your lawyer to get a better understanding of what to expect at your trial. It is likely that you will have more than one hearing or trial.

How to Get Started on Your Defense

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

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Can I Request a New Public Defender?

Posted on November 6, 2017 by admin

Criminal Defense Law Firm 317-636-7514

Facing criminal charges is scary, so it is understandable that you would want somebody working hard to protect your rights and your freedoms. When it comes to public defense, you may not be able to get the one-on-one, full-time attention you would normally get from a private criminal defense lawyer, but at least you are getting some sort of legal representation. Sometimes, using a public defender is not always a bad idea. For smaller cases that are considered petty or minor offenses, public defense may be all you need to avoid the maximum penalties for your criminal charges.

Regardless of the severity of criminal charges against you, if you were appointed a public defender that you are not comfortable with, you may have the option to request a new one. Continue reading to learn the general grounds for changing public defenders before your trial.

Swapping Public Defenders

If your public defender is difficult to work with, and you believe their professional behavior will have a negative effect on the outcome of your case, you are likely wishing you could have a new one. Unfortunately, swapping public defenders is not something that is regularly granted by the courts. A defendant must have sufficient cause and evidence to be appointed a new counselor. Here are some examples of what might be considered sufficient grounds to request a new public defender:

Your public defender is…

☛ frequently late or missing appointments;
☛ failing to meet deadlines for documents and paperwork;
☛ failing to inform you of your case status or court dates;
☛ trying to force you to enter a plea you do not want;
☛ ignoring or not using important case evidence;

How to Do it

If you insist on moving forward with changing your public defender, you need to start by taking detailed notes in a journal of your experiences with the attorney, and try to gather evidence, including things like pictures, mail, documents, and screen shots of texted conversations to prove their inadequacies.

Next, you need to contact the public defenders’ office and get the information you need from the office representative. You will have some paperwork to file to make a formal request. In some states, defendants are required to write the judge a letter requesting a new public defender and why. The public defenders’ office will let you know what you need to do in your state.

If you drop your public defender without asking a judge to appoint you a new one, you may not be able to get another one at all. In this case, you would have to represent yourself and risking being sentenced to the maximum penalties for your charges, or you could hire a private Indianapolis criminal defense attorney, instead.

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. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense.

What Can a Criminal Lawyer Do That a Public Defender Can’t?

Posted on June 23, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

Every person who is being prosecuted in our country for a felony offense has the right to an attorney. This right is clearly outlined in the Sixth Amendment to the United States Constitution. And if you listen closely to the Miranda Rights, you will hear the famous line, “If you cannot afford an attorney, one will be provided for you.” And this is exactly how a public defender works. Public defenders are lawyers employed under a Federal system or publicly-funded public defender’s office, and assigned to felony offenders that cannot afford to pay for a private attorney.

After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a personal criminal defense lawyer, out-of-pocket. Continue reading to learn the difference between the two types of counsel.

Public Defender

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more. Not only do they do most of the work for a public defender, they do not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real feelings.

Private Attorney

A criminal defense lawyer will not be handing your case off, or delegating major duties to someone else. They do all the work and investigation themselves, allowing them to be adept in all areas and details of your case. They have a connection to each client and their case, and works only in the direction of their clients’ best interests. Private attorneys can give more time and attention, and take a personal interest in the outcome of their clients’ cases. Although they are not free of charge, and often costly, it is one of the most worthwhile investments you can make for your future and the future of your family. In order to protect your rights and preserve your freedoms, always choose a criminal defense lawyer with experience.

David E. Lewis, Attorney at Law

David E. Lewis Criminal Defense Attorney