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How to Reduce Your Indianapolis Criminal Charges

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Ultimately, your number one goal after being arrested is to evade criminal charges. After criminal charges ensue, it is only natural to turn your focus on dismissing or reducing them. Fortunately, there are things you can do to help increase the chances of this happening.

Continue below to learn how to reduce your Indianapolis, Marion County criminal charges, including which criminal defense law firm is a top-choice for aggressive and skilled representation.

Best Criminal Defense Attorney Indianapolis Indiana 317-636-7514
Criminal Defense Attorney Indianapolis Indiana 317-636-7514

Dismissal of Criminal Charges is Not Common

Although prosecution has the choice to drop your criminal charges either before or after they’ve been filed with the court, it is usually an unlikely outcome. Criminal charges are only dropped under specific circumstances, mostly as a result of insufficient evidence, but also due to factors like fourth amendment violations, which is when evidence is illegally obtained, like in the case of an illegally executed search warrant, as well as procedural issues, and resource issues. In some cases, prosecution may decide to tropical charges against the defendant. If they are willing to cooperate with law enforcement as an informant against another defendant or case.

Reducing Criminal Charges is a Strong Possibility

Compared to dismissal of criminal charges, reducing criminal charges is very possible. However, in order to have your criminal charges reduced, it is important to start out with the right representation. Although public defenders do society a service, it is not recommended to choose free legal representation when facing criminal charges. Public defenders have very high caseloads and cannot spend enough time working on each case with specific intent.

A private Indianapolis criminal defense lawyer can put their focus on your case and do everything it takes to lessen your criminal charges and therefore protect your rights and preserve your freedoms. Basically, if you want to avoid jail, hefty fines, and loads of community service, you need to hire a private criminal defense attorney. Without specialized and experienced criminal defense representation, it is very unlikely that the prosecutor will budge on your criminal charges.

Additional Factors to Consider When You Want to Reduce Your Criminal Charges

A plea bargain, or plea deal, is the key that will unlock your opportunity to reduce your criminal charges in Indianapolis. In order to be offered a reasonable plea deal, you will need seasoned criminal defense representation. A private criminal attorney can build you a strong and impactful defense against your charges, and ultimately convince the prosecutor to be more lenient. Not only can you jail time, but you can also avoid excessive hours of community service, rehabilitation programs, home detention, thousands of dollars in fines, and much more.

The lesser your criminal charges, the more promising your future. It is important to avoid jail time, especially if you have children or people who depend on you. Spending time in jail can put your job in jeopardy, plus create all sorts of social and domestic obstacles. It is in your best interest to have your criminal charges significantly reduced so that you can maintain the best possible quality of life for you and your loved ones.

Money Should Not Be a Concern

Many people choose to forgo private legal representation due to money or budgeting problems, but there is no price for freedom and peace of mind. Invest in yourself and your loved ones by paying out of pocket for private criminal defense in Indianapolis. A reputable criminal defense law firm will work with you on payment plans so that you can enjoy your freedom without going into debt or making any financial sacrifices.

Are you looking for a trusted criminal defense law firm in Indiana who can help you reduce or dismiss your criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Related Posts:

How to Switch From a Public Defender to a Private Criminal Lawyer
How a Pretrial Diversion Program May Reduce Your Sentence
Why Was My Plea Deal Rejected By the Judge?

Reducing Criminal Charges With a Plea Bargain

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The main purpose of retaining legal counsel following an arrest is to avoid the maximum penalties for your criminal charges. In fact, reducing or dismissing criminal charges is the primary goal for you as the defendant, as well as your defense attorney. But in order to get charges reduces against their client, a knowledgeable and aggressive criminal lawyer must negotiate with the prosecution for an improved outcome in court.

A common method of accomplishing this feat is to use something called a plea bargain. But in order to use a plea bargain, it must first be approved by the courts. Continue reading to learn what a plea bargain is, what it is used for, and how it benefits both the prosecution and the defense.

Accepting a Plea

A plea bargain is an agreement between the prosecuting attorneys and your defense attorney in which each party must give something to take something, in terms of sentencing. Essentially, it is a compromise regarding a defendant’s charges and penalties for their crimes. In most cases, this means a defendant accepts to plead guilty to their crimes in return for a lower charge or more forgiving penalties. This can include reducing jail time, reducing felonies to misdemeanors, lesser fines, probation instead of jail, ankle monitoring in place of jail, ignition interlock devices, drug testing, and more. Here’s an example:

❝ Leonard was arrested for felony drug possession. His crime is a Level 6 Felony that faces up to 1 year in prison. Prosecution offers to give up their right to take the case to trial and sentence Leonard to the fullest if he will plead guilty to a Class A Misdemeanor or more lenient fines and penalties.❞

It is not up to the prosecution and defense to use a plea bargain. Instead, plea bargains must first be approved by the courts. A judge has to determine whether or not a defendant was strong-armed in any way; and once they confirm no pressure was made, they will approve a plea bargain. However, the process and regulations for plea bargains differ from state to state. Talk to your Indianapolis criminal defense attorney about Indiana plea bargains and procedures.

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 discuss the right defense for your criminal charges in Indianapolis, Indiana. We offer free initial consultations to talk about your criminal charges, and determine the best strategy for defense. Attorney David E. Lewis works around the clock, fighting to reduce or dismiss your criminal charges. He stops at nothing to preserve your rights and protect your freedoms. Call 317-636-7514 to schedule a consultation with an aggressive Indianapolis criminal
defense lawyer you can trust.

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.

How Long Does a Prosecutor Have to Bring Criminal Charges Against Someone?

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Indianapolis Criminal Defense Attorney 317-636-7514

Indianapolis Criminal Defense Attorney 317-636-7514

On television, you are likely to see extravagant plots about fugitives running from the law and living out their lives happily-ever-after in a faraway place. But in real life, out-running the law is not a likely circumstance, nor the ideal option for dealing with criminal charges. However, in the rare case that criminal charges never catch up to a person, is it possible for their charges to be dropped if a long amount of time passes by? Continue reading for the answer.

Indiana Statutes of Limitations for Criminal Charges

In Indiana, there are statutes of limitations that outline the amount of time a prosecutor has to bring charges against a person after the commission of a crime. The length of time can depend on a variety of factors, but mostly depends on the severity of the criminal act. For example, time lengths can be extended if the state makes an error that results in a case being dismissed. In this case, the state must bring charges against the defendant within 90 days following the dismissal. Also, if a defendant is not a resident in the state or conceals evidence of their crime, statute of limitations can be extended.

After the commission of a crime, the state has so many years to charge a person for that crime. Below is a brief overview of these limitations.

Misdemeanor Crimes: 2 Years

Level 6 Felonies: 5 Years

Level 3, 4 & 5 Felonies (excluding sex crimes): 5 Years*

*Charges can be brought within 1 year of the state first discovering evidence through DNA analysis, or if they could have discovered evidence through DNA analysis with due diligence.

Level 1 & 2 Felonies: No time limitation. The state can bring charges against a person for as long as they are alive.

Murder: No time limitation. The state can bring charges against a person anytime regardless of how long it’s been since the victim’s death and the commission of the crime.

Sex Crimes: The state must bring charges against a person before their VICTIM turns 31 years of age.*

*Sex crimes include child molestation, statutory rape, child solicitation, vicarious sexual gratification, child seduction, incest, etc.

Forgery Crimes: 5 Years*

*Time lengths can be extended by the 3 factors mentioned earlier in the blog.

If You Have Been Charged With a Crime…

Since there are so many variables that can limit or extend the amount of time the state has to bring charges against you, it is best to consult with an experience criminal defense attorney for a better understanding of the Indiana criminal process. Not only can they properly navigate your case with your best interests in mind, they can help protect your rights and preserve your freedoms.

David E. Lewis Criminal Defense Attorney

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

David E. Lewis, Attorney at Law is an Indianapolis criminal defense lawyer with decades of experience defending those facing criminal charges. Call our law firm today at 317-636-7514 to schedule a free initial appointment to discuss your case and begin developing a plan to protect yourself. Your best chance at avoiding the maximum penalties for your charges is to hire an aggressive criminal attorney that knows the system. David E. Lewis is that attorney that will work around the clock fighting to defend your case! Call 317-636-7514 to learn more about criminal law in Indiana, and your options as someone facing criminal charges in Indiana.

Understanding Your Miranda Rights

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Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

The American criminal jurisprudence known as the “Miranda Rights”, have been a popular script addition to thousands of movies and television shows ever since the United States Supreme Court ruled on the rights of criminal suspects. For this reason, you may be able to recite a good portion of them already. But it is wise to fully understand your rights as a suspected criminal in the case that it ever happens to you or someone you love. A good place to start is to review the meaning behind your Miranda Rights.

Miranda vs. The State of Arizona

It was a case entitled, “Miranda versus the state of Arizona” that brought about the creation of the modern-day Miranda Rights as we known them. In 1966, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights BEFORE police questioning or interrogation. These rights have mostly to do with the 5th and 6th Amendments. Let’s take a closer look at those, as well as, the exact Miranda Rights as they are read by law enforcement today.

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

The Miranda Rights

1. You Have the Right to Remain Silent. This means you can legally refuse to speak or answer questions about a crime and there is nothing police can do about it.

2. Anything You Say or Do Can Be Used Against You in a Court of Law. This is a very critical warning that tells defendants any incriminating engagement with law enforcement will be used against them in court.

3. You Have the Right to Consult an Attorney Before Speaking to Police, and Have an Attorney Present During Questioning Now or in the Future. This right should be invoked clearly by simply stating you don’t want to answer questions without your lawyer present. After this has been made clear to police, any further interrogation cannot take place.

4. If You Cannot Afford an Attorney, One Will Be Appointed for You Before Any Questioning if You Wish. If you cannot afford a lawyer, a public attorney will be appointed to your case. Always consult your P.A. before answering police questions.

5. If You Decide to Answer Any Questions Now Without a Lawyer Present, You Still Have the Right to Stop Answering at Any Time Until You Talk to a Lawyer. If at any time a person gets uncomfortable during police questioning, they can legally refuse to proceed without consulting their lawyer first. A person can tell law enforcement that they want the questioning to stop until they have a lawyer present.

6. Knowing and Understanding Your Rights as They’ve Been Explained to You, Are You Willing to Answer Any Questions Without an Attorney Present? This question, or one like it, is what police use to get suspects to waive their rights. They generally also ask to sign a written waiver.

Although it is important to know the Miranda Rights, if you are ever confronted by police for questioning, there are two basic rules to remember in order to protect yourself legally: remain silent and ask for a lawyer.

Indianapolis Criminal Defense Lawyer

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 in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations and never passes judgement on anyone. If you have been charged with a crime, let Attorney David E. Lewis build a strong and impactful defense for your case to reduce or dismiss criminal charges and convictions. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis criminal defense lawyer you can trust.