Category Archives: Arrest Warrants

Legal Support: How a Lawyer Can Help You With the Bail Bond Process in Indiana

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When faced with criminal charges, defendants often find the legal system overwhelming and complex. The roles of bail bonds and lawyers are crucial in navigating this landscape, particularly during the initial stages of a criminal case. Bail bonds serve as a financial guarantee to ensure that a defendant returns for trial after being released from custody. Meanwhile, criminal defense lawyers are essential advocates who help protect the rights of the accused.

Bail ensures that defendants can continue their lives outside of jail while awaiting trial, allowing them to work on their defense more effectively. However, the process of obtaining bail can be daunting, especially for those who are unfamiliar with the legal system. This is where criminal defense lawyers come into play. They not only guide defendants through the bail process but also help advocate for fair bail terms.

Understanding the interplay between bail bonds and criminal defense lawyers can greatly impact the outcome of a defendant’s case. In this blog post, we will explore how these elements work together and why having a knowledgeable lawyer on your side is critical.

Call 317-636-7514 For Professional Criminal Defense in Indianapolis Indiana
Call 317-636-7514 For Professional Criminal Defense in Indianapolis Indiana

How Criminal Defense Lawyers Help With Bail

Criminal defense lawyers play a pivotal role in the bail bond process, working to secure the best possible conditions for their clients. From the outset, they assess the charges and the evidence, determining the most strategic approach for seeking bail. Their expertise is invaluable in understanding the nuances of the law and arguing for their clients’ release.

A lawyer’s involvement can make a significant difference in the amount of bail set by the court. They advocate for a reduced bail based on factors such as the defendant’s ties to the community, employment status, and lack of criminal history. By presenting these arguments effectively, they can influence the court’s decision, potentially securing a more affordable bail amount.

In addition, criminal defense attorneys often collaborate with bail bond agents to facilitate their client’s release. While the lawyer focuses on the legal aspects, the bail bond agent handles the financial transaction, ensuring a smooth process. This teamwork is essential, as it allows the defendant to be released quickly and with the least amount of stress.

What Defendants Need to Know About Bail Hearings

For many defendants, the bail hearing is the first opportunity to secure release from custody. During this hearing, the judge determines the bail amount based on several factors, including the seriousness of the alleged crime, the defendant’s criminal record, and their risk of fleeing. It is a critical moment where a strong defense can make a significant difference.

Having a criminal defense attorney present at the bail hearing ensures that the defendant’s rights are protected, and their case is effectively argued. Lawyers prepare by gathering evidence and presenting arguments that highlight the defendant’s ties to the community, their character, and any mitigating circumstances surrounding the alleged offense.

It’s important for defendants to understand that the bail hearing is not the end of their legal battle. Instead, it sets the stage for the next phase of their defense. A favorable bail decision can mean the difference between preparing for trial from the comfort of home or from behind bars, which can significantly impact the outcome of the case.

The Benefits of Having a Criminal Defense Attorney

Engaging a criminal defense lawyer during the bail process offers numerous advantages. One of the primary benefits is the lawyer’s ability to negotiate for reduced bail amounts, which can be crucial for defendants with limited financial resources. By presenting compelling arguments, lawyers can secure more affordable bail, alleviating some of the financial burdens associated with the arrest.

Criminal defense lawyers are also adept at identifying and challenging any procedural errors that may have occurred during the arrest or detention. These errors can sometimes lead to a dismissal of the case or a reduction in charges, further benefiting the defendant. Defense attorneys ensure that their clients’ rights are upheld throughout the process, providing peace of mind during a stressful time.

Finally, having a lawyer on board from the beginning of the bail process sets the foundation for a strong defense strategy. The insights gained during the bail hearing can inform the overall defense plan, allowing the lawyer to tailor their approach based on the evidence presented. This proactive approach is invaluable in building a robust case in preparation for trial.

Conclusion

The importance of legal counsel in navigating the bail process cannot be overstated. Bail bonds and criminal defense lawyers work in tandem to provide defendants with the best chance of securing their release and preparing a strong defense. By understanding the roles of each, defendants can make informed decisions that positively impact their case.

For anyone facing criminal charges, consulting a criminal defense attorney early in the process is crucial. They provide expert guidance, advocate for fair treatment, and work tirelessly to protect their client’s rights. If you or a loved one is navigating the complexities of bail and criminal charges, reach out to a qualified criminal defense lawyer to explore your options and ensure a fair process.

For more information about getting out of jail or seeking legal assistance, don’t hesitate to reach out to a trusted legal advisor. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will bail you out and obtain the best possible outcome for your criminal case!

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The Consequences of Fleeing Indiana Crime Scenes

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Imagine witnessing a crime or finding yourself unexpectedly involved in one. Your instinct might tell you to leave the scene immediately. However, in Indiana, fleeing a crime scene can have serious legal consequences. This blog post aims to help criminal defendants, crime suspects, and anyone who has left a crime scene understand the stakes involved. We’ll cover the basics of Indiana law, the legal ramifications, and offer practical advice for those who find themselves in such situations.

Call 317-636-7514 When You Need Trusted Criminal Defense Lawyers in Indianapolis
Call 317-636-7514 When You Need Trusted Criminal Defense Lawyers in Indianapolis

What Constitutes a Crime Scene?

A crime scene is any location where a criminal act has occurred. This could be anything from a minor theft at a convenience store to a major felony like a robbery or assault. It’s important to understand that a crime scene isn’t limited to the immediate area where the crime took place; it can also include any surrounding areas that may contain evidence.

What is Considered Leaving the Scene?

Leaving the scene means departing from the location of a crime before law enforcement arrives. This can include walking away, driving off, or otherwise removing oneself from the vicinity. It’s crucial to note that even if you were not directly involved in the crime, leaving the scene can still result in legal consequences under Indiana law.

Why Staying at the Scene of the Crime Matters

Remaining at the scene can help law enforcement gather accurate information and evidence, which can be crucial for solving the crime. Furthermore, fleeing can create a perception of guilt, making your defense more complicated if charges are brought against you.

Legal Consequences of Fleeing the Scene of a Crime

Misdemeanor Charges

If you leave the scene of a minor crime, such as a misdemeanor, Indiana law can impose various penalties. These can include fines, community service, or even a short jail sentence. The nature of the misdemeanor and your criminal history will largely influence the severity of the penalty.

Felony Charges

Fleeing the scene of a felony is a much graver offense. Felony charges can lead to significant prison time, hefty fines, and a permanent criminal record. This can have long-lasting impacts on your life, affecting employment opportunities, housing options, and personal relationships.

Additional Consequences

Beyond the immediate legal penalties, leaving a crime scene can result in further complications. For example, you could face an arrest warrant, which involves law enforcement actively seeking your apprehension. Additionally, if you fail to appear for scheduled court dates, a bench warrant could be issued against you, leading to more severe legal repercussions.

Defense Strategies for Crime Scene Flee-ers

Understanding Your Rights

Knowing your rights is the first step in building a strong defense. You have the right to remain silent and the right to legal representation. Exercise these rights to ensure you do not inadvertently incriminate yourself or complicate your situation further.

Building a Strong Defense

Hiring a criminal defense lawyer can significantly improve your chances of a favorable outcome. An experienced attorney can help you understand the charges against you, negotiate with prosecutors, and develop a strategy tailored to your situation. They can also challenge any evidence that may have been improperly obtained.

The Role of Evidence

Collecting evidence that supports your version of events is crucial. This can include witness statements, surveillance footage, alibis, or any other information that can corroborate your story. Your criminal defense attorney will guide you through this process, ensuring that every piece of evidence is appropriately documented and presented.

Examples of Leaving a Crime Scene

Scenario 1: Minor Theft

Imagine you’re at a grocery store, and you witness someone shoplifting. Panicked, you leave the scene immediately. Later, law enforcement reviews security footage and identifies you as a witness. Leaving the scene could complicate your situation, making it appear as though you were involved in the theft.

Scenario 2: Traffic Accident

You’re involved in a minor car accident but decide to leave before exchanging information with the other driver or contacting the police. In Indiana, this can result in misdemeanor charges, affecting your driving record and leading to fines or community service.

Scenario 3: Major Felony

Suppose you’re at a party, and a fight breaks out, resulting in serious injury or death. Even if you were not directly involved, fleeing the scene can lead to felony charges. The legal consequences in this scenario are severe, including potential prison time and significant fines.

Conclusion

Leaving the scene of a crime in Indiana carries substantial legal risks, from fines and community service to serious felony charges. Understanding the law, knowing your rights, and seeking expert legal advice are crucial steps in navigating these challenging situations. If you find yourself facing charges for fleeing a crime scene, don’t hesitate to consult with a criminal defense attorney who can guide you through the legal process and help protect your rights.

For personalized legal advice and ensure your side of the story is heard, reach out to our law firm. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense attorney in Indianapolis, Indiana. We will get you the best possible outcome to your criminal case!

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Hit and Run Accidents in Indiana: What You Need to Know

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A traffic accident can be a stressful and worrying experience, but leaving the scene of an accident, known as a hit and run, can significantly exacerbate the situation. In Indiana, hit and run charges are taken seriously, whether the incident involves hitting a pedestrian or another vehicle. Understanding the consequences and ramifications of such actions is crucial.

This blog post aims to shed light on the key elements you need to know about hit and run accidents and subsequent charges in Indiana, providing valuable insight to help you navigate through potentially complicated legal situations.

Call 317-636-7514 if Facing Hit and Run Charges in Indianapolis Indiana
Call 317-636-7514 if Facing Hit and Run Charges in Indianapolis Indiana

What Constitutes a Hit and Run in Indiana?

In the state of Indiana, a hit and run is defined as leaving the scene of an accident without stopping and exchanging relevant information with the other involved parties. This includes accidents involving only property damage or personal injury to another person. The law requires all drivers involved in an accident to stop at the scene, provide their name, address, and vehicle registration number, and show their driver’s license upon request. Failure to do so can result in hit-and-run charges.

Hitting a Pedestrian

Hitting a pedestrian is one of the most severe types of hit and run accidents in Indiana. Pedestrians are incredibly vulnerable on the roads, making it crucial for drivers to exercise caution. In the event of a collision with a pedestrian, Indiana law requires drivers to stop immediately and provide assistance to the injured person, whether it be calling for medical help or providing first aid. Failing to do so can result in severe hit and run charges, including felony charges if the accident causes serious injury or death to the pedestrian.

Hitting a Car

Aside from hitting a pedestrian, such charges can also result from colliding with another vehicle. If you are involved in an accident with another car, Indiana law requires you to stop at the scene, exchange relevant information, and provide assistance if needed. Failing to do so can lead to criminal charges, depending on the severity of the damage caused by the collision. In addition to facing hit and run charges, you may also face civil liability for any damages or injuries caused by leaving the scene of the accident.

Penalties for a Hit and Run Conviction in Indiana

The penalties for hit-and-run crimes in Indiana vary depending on the severity of the accident. If no personal injury is involved, hit and run charges are considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000. However, if the accident causes injury or death to another person, the charges can range from a Class A misdemeanor to a high level felony, with penalties ranging from one year in prison and fines of up to $10,000 for a Class A misdemeanor, to 8 years in prison and fines of up to $10,000 for a felony.

What to Do if You Commit a Hit and Run Accident

If you have been charged with a hit and run in Indiana, it is crucial to seek legal help as soon as possible. An experienced criminal defense attorney can review your case, advise you of your rights and options, and provide guidance throughout the legal process. Keep in mind that hit-and-run charges can have serious consequences, affecting not only your driving record but also your personal and professional life. Therefore, it is crucial to take them seriously and seek legal assistance to ensure the best possible outcome for your case.

In Summary

Hit and run charges in Indiana can have severe consequences, ranging from fines and jail time to potential felony charges. It is essential to understand what constitutes a hit and run, know the penalties involved, and take appropriate actions in case of an accident. Remember always to remain calm, stop at the scene, and provide assistance and information as required by law.

If you are facing hit and run charges, seek legal help to protect your rights and best interests. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

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What to Do if You Just Found Out About Your Arrest Warrant
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Understanding Your Rights When Pulled Over By the Police

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No one wants to be pulled over by the police, but it happens. When you find yourself in this situation, it’s important to know your rights and understand how you should act. Police encounters can be intimidating, but if you are aware of your civil rights as an American citizen and exercise them properly, things can go more smoothly. In this blog post we will discuss what your rights are when stopped by police officers according to the Fourth Amendment of the U.S Constitution and provide tips on how best to handle a police encounter so that everyone stays safe.  So, let’s dive in!

Call 317-636-7514 to Speak With a Criminal Defense Lawyer in Indianapolis
Call 317-636-7514 to Speak With a Criminal Defense Lawyer in Indianapolis

Your Fourth Amendment Rights

The Fourth Amendment is part of the Bill of Rights, and it protects people from unreasonable search and seizure. When pulled over, you have the right to remain silent and not answer any questions that are asked of you. You do not have to give permission for your car to be searched unless the police officer has a valid warrant or probable cause. If an officer has a valid warrant, they will present it before conducting a search.

Good Behavior During a Traffic Stop

It is within your rights to ask why you were stopped and if they are asking you to step out of the vehicle. It is also important to be polite when interacting with officers as this can help them keep their composure during the encounter. Additionally, make sure that any objects such as keys or wallets that you give to officers are returned once the encounter is over.

Outstanding Arrest Warrants

Whether you exhibit good behavior or not, if there is a warrant out for your arrest, the cop can  and will arrest you on the spot and take you into custody. In this case, you would leave your car there and it would be towed to the designated impound lot. You would be responsible for paying all towing and impound fees after you post bond and get out of jail.

Were You Arrested?

It’s important to note that if police do not read you your Miranda rights upon arrest and later make a confession, that confession may not be admissible in court. It’s crucial to understand your Miranda rights and exercise them if you’re ever in a situation where you’re under arrest or being questioned by law enforcement. Don’t hesitate to speak up and demand your rights. Miranda rights refer to the rights that every American citizen has upon being arrested by the police. These rights, established in the 1966 Supreme Court case Miranda v. Arizona, include the right to remain silent, the right to an attorney, the right to have an attorney present during police questioning, and the right to stop answering questions at any time.

Were Your Rights Violated?

If you feel your legal rights were violated, and there’s no physical harm caused during the encounter, it’s best to document as much information as possible, including the officer’s name, badge number and any details of the incident. As soon as possible after the encounter, contact a criminal defense lawyer to learn how to move forward with the law on your side.

Conclusion

Overall, understanding your rights when pulled over by police can help ensure that everyone involved in an encounter stays safe and respects one another’s civil rights. Keep in mind that having knowledge of your Fourth Amendment Rights can help protect you from unreasonable search-and-seizures by law enforcement officials. Being aware of these laws and exercising them properly can help make your police encounters go as smoothly as possible.

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. 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!

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Frequently Asked Questions About Warrants

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Being served, or worse, surprised by a warrant is not a pleasurable experience. Whether you are a hardened, street-smart convict or a first-time offender, the discovery of a warrant will most certainly invoke some relevant questions. If you are facing a bench warrant, arrest warrant, or search-and-seizure warrant, it is wise to educate yourself as much as possible before you mistakenly make your legal matters worse.

Scroll down to review some frequently asked questions about warrants, including what your first steps should be after learning of one for yourself for a loved one.

Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514
Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514

FAQS About Warrants

What is an Arrest Warrant?

There are two main types of warrants: arrest warrants and bench warrants. An arrest warrant is an official order made by a judge and handed over to law enforcement demanding the immediate arrest of the defendant named in the document. A bench warrant is less serious as it does not require your arrest. Instead, bench warrants request your attendance on the “judge’s bench” for the purpose of handling certain legal matters. These are commonly used in divorce proceedings, custody hearings, and for witness testimony.

Do I Have to Go to Jail For a Bench Warrant?

No, you are not required to surrender to the jail for a bench warrant. Instead, follow the instructions on the documents sent to you. There should be information on when you are requested to appear in court or mediation. If you do not cooperate with the bench warrant, you could face civil or legal penalties, like fines.

How are Arrest Warrants Served?

There are several ways an arrest warrant can be satisfied or served. In many cases, the defendant named in the warrant will have a run-in with police, and when the police draw up their records, they will see the warrant and arrest the individual on the spot. This can happen during a routine traffic stop, even if the cop is just warning you about a burnt out taillight.

Other times, law enforcement will make a house visit or show up at the defendant’s last known place of employment. There, they will serve the defendant and apprehend them on the spot. Sometimes, police will allow a cooperative individual to simply follow them to the station for a surrender, rather than being cuffed and escorted in the police car.

What Should I Do if I Think I Have a Warrant Out for My Arrest?

You can use a free, online database to search for arrest warrant records. Simply type in your name and date of birth to see if there is an active warrant in your name. It should be able to provide state-wide results, showing warrants in all counties you are wanted in. You can also contact a local bail bondsman or criminal defense attorney for professional warrant lookup assistance. These tend to be the most reliable sources for warrant information. You could also call the Department of Motor Vehicles or courthouse directly.

How Do I Surrender to an Arrest Warrant?

If you have a warrant out for your arrest, it is vital that you turn yourself into authorities at the local police station in the county denoted on your warrant document. If you fail to surrender to an arrest warrant, you will be considered a fugitive of the law. It is recommended to contact the jail beforehand to get detailed instructions on where to park, where to enter the building, what to bring, and so on. In most cases, you can get in and out in a couple of hours.

Do I Need a Lawyer for an Arrest Warrant?

Although it is not required by law, it is strongly encouraged to hire an Indianapolis criminal defense attorney to help you during and after your arrest warrant surrender. They will ensure that you are not held in jail longer than you need to be, plus they can begin working on your defense to reduce your charges and subsequent penalties.

What Makes a Search Warrant Valid?

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

Can I Refuse a Search and Seizure if Police Have a Warrant?

There are several intricacies involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights.

Are you looking for legal assistance regarding arrest warrants and similar criminal matters in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for arrest warrants in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

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Do I Need to Hire a Lawyer for an Arrest Warrant?

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Arrest warrants are not as confusing as they may seem at first. Once you start exploring your options for turning yourself in to authorities, you will feel better about the process. After all, knowing what to expect is a great strategy for decreasing anxiety about any kind of pressing legal matter. Regardless of how straightforward arrest warrants tend to be, you may still have some questions. One of the most common questions about arrest warrants has to do with hiring a lawyer.

Continue reading to learn about hiring a criminal defense lawyer for assistance with an arrest warrant in Indiana, plus which law firm to trust for a fast and secure surrender.

Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514
Arrest Warrant Lawyer Indianapolis Indiana 317-636-7514

How to Check for Arrest Warrants

There are many ways to discover an arrest warrant for your own arrest. The worst way is to be stopped by police, which commonly happens during routine traffic stops, DUI checkpoints, and similar police encounters. In these scenarios, the police immediate arrest and detain the suspect and bring them into jail. There is no time to make any phone calls, park your car, pay your tab, or anything else for that matter. You are simply arrested on the spot.

Another way arrest warrants are brought to one’s attention is by in-person police execution. This means that a uniformed officer will show up at a person’s place of residence or employment execute a warrant. They can also show up at your kid’s school, gym, and any other place you are known to be.

Sometimes, defendants are notified by conducting a warrant search on themselves. If you suspect that you have an active or outstanding warrant out for your arrest, verify this gut feeling with a certified arrest warrant lookup service. These are free and available online via several different government websites and portals.

Hiring a Lawyer for an Arrest Warrant

The best way, and it is the best because it is the most secure and can eliminate the need to turn yourself in altogether, is to hire an Indianapolis criminal defense lawyer to represent your charges. Your criminal defense lawyer can confirm if you indeed have an open warrant issued for your arrest, and quite possibly, have the warrant recalled. This would mean that you would not longer be wanted nor surrender to the jail.

A criminal defense attorney can file a motion with the court to have your arrest warrant recalled or for a combined bond review and warrant surrender. Otherwise, you would just turn yourself in and bail yourself right out.

Are you currently facing an arrest warrant in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled and friendly criminal defense in Indianapolis, Indiana. We represent adults and juveniles in all criminal cases.

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Can My Lawyer Get Me Out of Jail?

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Being arrested and taken to jail for any crime is a startling experience, whether it’s a first arrest or a fifth. In all cases of arrest, the first question that comes to a defendant’s mind is, “how can I get out of jail as soon as possible?” With family at home and work on the line, getting out of jail quickly should be a top priority. Although many people turn to their own social and familial circles to arrange bail bond services for their release from jail, a lawyer can do this much faster and with a higher level of security.

Continue reading to learn how your lawyer can get you out of jail, and where to find a top criminal defense attorney in Indianapolis, Indiana.

Bail Bond Lawyers Indianapolis Indiana 317-636-7514
Bail Bond Lawyers Indianapolis Indiana 317-636-7514

Criminal Defense Attorneys Work Faster and Smarter

In the case that you are arrested or surrendering to an arrest warrant, it is important to hire a seasoned criminal defense attorney to represent your case. Regardless of the severity of your criminal charges, a lawyer can significantly reduce or even to dismiss your sentence. It is always in the best interest of your future and your freedoms to retain professional legal counsel after being charged with a crime in Indiana.

With this in mind, you can help your friends and family by relieving them of the responsibility of getting you out of jail. Rather than your friends or family members calling a bail bond company in arranging bail bond service, you can simply go straight to the best legal resource which is your higher cripple defense attorney.

Your First Call After Being Arrested

After being arrested, your first priority should be to contact a veteran criminal defense attorney in Indianapolis. They can get you out of jail quickly because they have long-standing connections and good relationships with the local jails and courts. If you are preparing to surrender to an arrest warrant, you can hire and meet with your attorney beforehand, which significantly reduces the arrest warrant surrender and bail bond process time.

Here’s what a criminal defense attorney can do for you after being arrested:

► They can arrange or bail bond.

► They can waive my registration on your behalf.

► They can establish a pretrial release.

► If your bond is too high, they can motion for a bond reduction hearing.

Are you ready to hire a criminal defense attorney to help you surrender to an arrest warrant in Indianapolis? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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What is the Criminal Bail Bond Process in Indiana?
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Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Top FAQS About Criminal Search and Seizures

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Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.

Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.

Criminal Lawyer in Indianapolis IN 317-636-7514
Criminal Lawyer in Indianapolis IN 317-636-7514

Frequently Asked Questions About Search and Seizures

Does Our Fourth Amendment Right Protect Us Against Illegal Searches?

The 4th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.

Can a Cop Search My Property Without My Permission?

Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.

Can I Refuse or Resist a Search?

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

How Do I Know if a Search Warrant is Valid?

There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.

Can a Cop Read My Text Messages and Mail?

Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.

Are you facing criminal charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

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

Did Your Arresting Officer Violate Your Miranda Rights?

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If you are recently approached by law enforcement, or worse, arrested, you may be wondering about your Miranda rights. There are many misconceptions regarding Miranda warnings, one of the most common being that they must be read at every police interaction. Continue reading to learn whether or not your Miranda rights were violated, and what you should do if they were.

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

Learn Your Miranda Rights

As a result of the case, “Miranda versus the state of Arizona”, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights before police questioning or interrogation takes place. Miranda rights mostly have to do with the 5th and 6th Amendments under the United States Constitution.

Your 5th and 6th Amendment

The 5th amendment protects the right to due process and prohibits self-incrimination and double jeopardy. The 6th amendment guarantees the right to an attorney, and 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 TRADITIONAL MIRANDA WARNINGS:

▷ You have the right to remain silent.

▷ Anything you say or do can be used against you in a court of law.

▷ You have the right to consult an attorney before speaking to police, and have an attorney present during questioning now or in the future.

▷ If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

▷ 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.

▷ Knowing and understanding your rights as they’ve been explained to you, are you willing to answer any questions without an attorney present?

Your Pirtle Rights ► The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

What You Need To Know About Miranda Rights

The rules and regulations regarding Miranda warnings and what police officers must say to people under arrest differ among jurisdictions within the United States. It is important to understand that Miranda warnings are not meant for every police interaction, and may not always be read to a person. For instance, if the police officer citing you for a moving violation, they won’t be reading you any legal warnings.

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them.

Do you believe that the arresting officer failed to deliver Miranda warnings? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

You Should Also Like:

Understanding Your Miranda Rights
Can I Tape Record an On-Duty Police Officer?
What are My Constitutional Rights After Being Arrested?

Indianapolis Criminal Defense 317-636-7514
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What are the Different Phases of a Criminal Case?

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The criminal prosecution process is just that; a process that unfolds itself in a series of consecutive phases. If you are facing criminal charges, you will soon become a part of this predictable procession of events. Continue reading to learn the basic stages of a criminal case, starting with the arrest. This information can help prepare you for what’s to come, as well as, give you the knowledge you need to starting building a strong defense.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Arrest

An arrest is the very first phase in the criminal prosecution process. A person can be arrested physically, or issued an arrest warrant in which they would have to legally surrender to authorities within a specified period of time. Once a person surrenders to an arrest warrant, they are then physically arrested and booked into the jail where they will await their arraignment.

Arraignment

The next stage in the criminal prosecution process is the defendant’s first court hearing, also known as an arraignment. During this court appearance, the judge reads the defendant’s charges, and asks them to enter a plea of “no contest”, “guilty”, or “not guilty.

Although most criminal prosecutions come to an end once a defendant accepts a plea deal, or plea bargain, there are several criminal cases that go to trial and beyond. When a plea bargain is accepted, the defendant agrees to plead guilty to the criminal charges. In exchange for their guilty plea, the prosecutor typically offers a reduced conviction or sentence. See our blog, “Is a Plea Bargain the Same as a Plea Deal?” to learn more about plea deals.

Also during the arraignment, the judge generally addresses bail and schedules future court dates. Many arrestees are granted bail, and can post their bond. Some are required to stay in jail until the criminal case is over.

Preliminary Hearing or Grand Jury Indictment

For federal criminal cases, charges are brought forward with a grand jury indictment. Most often, criminal charges are brought forth by a “bill of information” obtained by a preliminary hearing, also known as a preliminary examination. On a state level, either method can be used at the state’s discretion. Both types of hearings are held for the purpose of establishing the existence of probable cause, and for both parties to make their arguments.

Pre-Trial Motions

Pre-trial motions are used by both parties to resolve any lingering issues, as well as, determine the evidence and testimonies that will be admissible during trial.

Trial

The trial is the heart of the criminal prosecution process. At a defendant’s trial, the judge (or jury) will hand down a verdict, finding them guilty or not guilty. In order to be handed down a guilty verdict, the prosecution must prove, beyond a reasonable doubt, that the defendant is guilty of the purported crime or crimes. If a defendant chooses a trial by jury, and the jury cannot reach a unanimous decision, the judge will determine it to be a mistrial. In the case of a mistrial, the charges will be dismissed, or a new jury will be appointed.

Sentencing

After a defendant is found guilty at their trial, they will be scheduled a new court date to receive their sentencing. Sentences are the penalties ordered to the guilty party, such as probation, jail time, fines, community service, and more.

Appeal

The last step of the criminal prosecution process does not always take place. If a defendant wishes to fight their conviction, and get it turned over, they must have their legal team file an appeal. Their appeal will be addressed in a new hearing by a higher court, known as appellate court.

Hire a Skilled Criminal Defense Attorney in Indiana Right Away to Fight Your Charges

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. 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 law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

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