Frequently Asked Questions
Everyone has questions following an arrest or investigation. David E. Lewis is here for you during this difficult and confusing time of your life and can provide the legal insight you need to better understand your charges. Call his office today at 317-636-7514 for additional information about the Indiana criminal process, the penalties you face, and the most effective defense strategies for your case. Review some criminal defense facts below for a better understanding of criminal defense law. This can help you make wiser decisions regarding your legal matters.
MARION COUNTY JAIL
40 S. Alabama St.
Indianapolis, IN 46204
317-327-1574
HENDERSON COUNTY DETENTION CENTER
380 Borax Dr.
Henderson, KY 42420
270-827-5560
CLAY COUNTY DETENTION CENTER
120 S. Alabama St.
Brazil, IN 47834
812-446-2535
Do I Need a Criminal Defense Attorney?
Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.
Are All Criminal Defense Attorney’s Alike?
No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under. You wouldn’t want a divorce lawyer fighting your theft charges, would you?
What is a Federal Crime?
A federal crime is any illegal act that violates a nation-wide law passed by Congress or takes place on government-owned property.
Where Will I Be Held on a Federal Crime Charge? Can I Get Bailed Out of Jail?
Bail is not predetermined for federal cases. Instead, a detention hearing is set where a judge will choose to allow bail or not. Until the hearing, anyone arrested for a federal crime in Indiana will be detained at one of the following correctional facilities:MARION COUNTY JAIL
40 S. Alabama St.
Indianapolis, IN 46204
317-327-1574
HENDERSON COUNTY DETENTION CENTER
380 Borax Dr.
Henderson, KY 42420
270-827-5560
CLAY COUNTY DETENTION CENTER
120 S. Alabama St.
Brazil, IN 47834
812-446-2535
Can I Discuss My Case With Anyone?
Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.
What is the Indiana “Washout” Period?
Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.
What is an Advisory Sentence?
An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.
I Heard What Happen to Someone that was Charged with the Same Offense. Is that Going to Happen to Me?
Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.
Am I Going to Jail?
There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.
How Much Does a Criminal Attorney Charge?
When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!
What Will a Criminal Lawyer Do that a Public Defender Can’t Do?
Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.
Another Lawyer Guaranteed They Could Get My Case Dismissed. Is this True?
If any criminal lawyer tells you they guarantee an outcome for your case, hang up the phone or walk out of the office immediately. They are being dishonest. Just like the future, no one can predict the outcome of a person’s case. Since every case is unique and different, and has so many possible defenses and applicable factors, there is no way to tell what the Attorney General and Prosecuting Attorney might decide.
Can My Charges Get Dropped?
It is vital to hire an experienced criminal lawyer directly after an arrest or investigation, BEFORE criminal charges can be filed, for any chance of them getting dropped. Once charges are filed, it is EXTREMELY rare for them to be dropped, but it is possible with the right defense.Attorney David E. Lewis can build a powerful defense that has the potential to dismiss or reduce your criminal charges. Call 317-636-7514 for a free consultation today!
Do I Have to Answer Police Questions After an Arrest?
According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.