Category Archives: Arrest Warrants

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.

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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.

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Important Bail Bond FAQS to Review Before Hiring a Lawyer

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If you are ever faced with a legal situation that requires you to bail a loved one or yourself out of jail, it is important to have a basic understanding of what to expect. Bailing a friend or loved one out of jail can be frustrating and stressful if you are not prepared, and can even come with some stiff penalties if you fail to uphold your end of the bargain. So, if you have to bail a loved one out of jail, or surrender to an arrest warrant, it is helpful to first read through some common questions and answers about the bail bond industry. Then you can make a call to a criminal defense lawyer to set up a plan after you or your loved one is released.

Continue reading to review the most frequently asked questions about bail bonds.

Bail Bonds Lawyer Indianapolis Indiana
Bail Bonds Lawyer 317-636-7514 Indianapolis Indiana

How Much Does a Bail Bond Cost in Indiana?

This is one of the first questions a person asks when they need bail services. This fact is not surprising, considering it is a huge influence on whether or not bail is an option for someone. Currently in the state of Indiana, bail bond agencies are allowed to charge 10 to 15 percent of the total bond amount assigned by the court to the defendant. If a person were arrested on a minor drug possession charge, their bond could be set at around 5,000 dollars. This is just an example and not accurate. Bond amounts are calculated by examining a person’s criminal history, flight risk, and other variables. It is different for everyone.

Theoretically, if a person’s bond were five thousand dollars, a bail agent charging ten percent would require a fee of 500 dollars.  This ten or fifteen percent fee is non-refundable, but it allows a person to get out of jail before their scheduled court hearing without having to pay the entire $5,000 fine. If they fail to appear for court, they forfeit the rest of the bond amount and a warrant is issued for their arrest.  At that point, they are a repeat offender and may have trouble gaining bail for a second time. This leads into the next question.

Can a Bail Bond Company Refuse Service to Someone?

The answer to this dual question is yes, both ways.  Bail bond agents are a separate business, and can refuse their services to anyone, just as any other privately owned business can. The reason a bail bond company may refuse service to a person is mostly based on their likelihood to flee and not appear for their scheduled court hearings. On top of that, they take into consideration past criminal records and charges, just as the court does when they set a bond amount. If a person seems like a risky client, they will refuse service in order to protect themselves. 

Are Bail Bondsmen Bounty Hunters?

No, bail bond agents are not bounty hunters; especially the ones depicted on television. Bail bond agents are a legal service company that provides helpful assistance to people in need of bail. Bounty hunters are persons who work on their own volition to seek out fugitives and hand them over to the police. In some cases, a bail bondsman can hire a bounty hunter if one of their clients skips out on a court date. 

Do I Need a Lawyer to Obtain a Bail Bond?

A lawyer has the role of defending your criminal charges. Their job is to build an impactful defense on your behalf so you can avoid the maximum penalties for your suspected crimes. Although they can arrange bail for you, but they will not be your surety. What they can do in terms of bail is coordinate with your friends and family to arrange a bail bond agreement and act as your surety to get you out of jail. For this reason, you do not need a lawyer to post your bail, or even surrender to an arrest warrant. However, if you are turning yourself in for a warrant, it helps to have your lawyer on board, prior to doing so. They can help expedite the process, and even make the arrangements on your behalf.

Where to Get Trusted Legal Advice Regarding Your Recent Arrest and Criminal Charges in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis criminal defense attorney, David E. Lewis regarding your arrest and criminal charges. He will stop at nothing to protect your rights and preserve your freedoms after being charged with a crime in Central Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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What to Do if You Just Found Out About Your Arrest Warrant

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Arrest warrants are serious court orders, but they are nothing to worry about so long as you choose the proper recourse. You never want to ignore an arrest warrant, because the legal circumstances surrounding the order will only worsen as time goes on. So the sooner you deal with a warrant, the less severe your penalties are likely to be.

If you just discovered that you have an arrest warrant in your name, continue reading to learn exactly what you need to do to protect your rights and preserve your freedoms.

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

Arrest Warrants in Indiana

An arrest warrant is a legal court order that orders your arrest on contact. Once a warrant is issued, all local law enforcement is immediately notified through a universal database to arrest you on the spot. Police can come looking for you at home, work or school, or even while you’re out with friends. For less serious offenses and infractions, police are not likely to come after you. Instead, you can get arrested on the spot during a routine traffic stop, or during any other type of police encounter that requires law enforcement to scan your name in their database.

If this happens, you will be arrested on the spot; even if you were just pulled over for having a taillight out. As soon as the cop runs your license through their system, the warrant will appear, and they have no other choice but to detain you on the spot and take you directly to jail. If you are pulled over in a traffic stop, your car will be towed to the nearest impound lot, and you will have to pay to get it out later.

Being arrested on the spot or hunted down by police for an arrest warrant is not an ideal situation. Nor do you do not want your warrant to turn outstanding. The legal consequences for ignoring or procrastinating on an arrest warrant are exponential, so you must deal with a warrant as soon as possible to make your life easier. Courts are not lenient on those who intentionally evade a warrant, so do the right thing and get your legal process in motion.

What You Need to Do

As soon as you become aware of an arrest warrant, or even a bench warrant, your first step is to hire a licensed Indianapolis criminal defense lawyer. From there, your lawyer will manage all aspects of your arrest warrant, which will eventually involve your physical surrender to the jail. Although you will actually have to turn yourself in and be arrested, with a lawyer handling your case, you will not have to stay in jail very long. In most cases of arrest warrant surrenders, defendants are in and out in as little as one hour.

Where to Get Help With Your Arrest Warrant

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for help managing your arrest warrant in Indiana. Not only can he get you out of jail quickly, he will build 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 criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

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What Happens if I Do Not Show Up For My Court Date?

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When it comes to facing criminal charges, you will, without a doubt, have to go to court. Although most court hearings, such as arraignments, can be handled by your lawyer without your presence, there are other court dates that do mandate your appearance. And forgetting or neglecting to show up for such court dates is not like missing a doctor’s appointment.

Continue reading to learn more about criminal court appearances, and what to expect if you do not show up for yours.

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Criminal Defense Law Firm 317-636-7514

Criminal court dates are mandatory. When a person is facing criminal charges, or is involved in a criminal proceeding, they are legally obligated to show up for all court hearings. Missing a court date is referred to as a “failure to appear” or “FTA”, and it is a crime punishable by law. A person will face serious criminal charges in addition to the ones they were already charged with prior to missing their court date.

Without the help of an experienced criminal defense attorney, those charged with FTA will likely be sentenced to the maximum penalties decreed by their state. Depending on where they live and their criminal history, these penalties will vary. Continue reading to learn more about FTAs and what to expect if you are facing a similar charge in your town.

Bench Warrants

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.

A person must face the judge once again, not only for their past matters, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of the ones they were facing with their original charges. However, the severity of penalties for an FTA generally depends on the seriousness of the original crime a person was charged with. Penalties also vary by state. Look below for an example of misdemeanor crimes and felony crimes.

Here in Indiana…

Misdemeanor Crimes – A Failure to Appear charge will be penalized as a Class A Misdemeanor if the original crime was a misdemeanor. Class A Misdemeanors are punishable by up to 1 year in jail and $5,000 in fines.

Felony Crimes – FTAs charges are penalized as Level 6 Felonies if the original criminal charge was a felony offense. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $10,000 in fines. Sometimes they can be reduced to Class A Misdemeanors for first-time offenders.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Indianapolis Criminal Defense 317-636-7514
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Criminal Defense Tips for Being Interviewed as a Suspect

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If you are suspected of being involved in a crime, and as a result, must cooperate with a detective interview, it is gravely important to know how to protect yourself from self-incrimination and more. Continue reading to learn some vital criminal defense tips you need to know before being interrogated or interviewed as a potential suspect in a crime.

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

Police Gimmicks and Ploys

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this ploy is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the gimmicks do not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

Always Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Aggressive Criminal Defense in Indiana

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.

Indianapolis Criminal Defense 317-636-7514
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The Difference Between Arrest Warrants and Bench Warrants

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When the state has valid evidence that a person has committed a crime, a warrant will be issued for their arrest. In other circumstances, a person may be issued a warrant for something other than their arrest, such as a bench warrant, which is still equally important and pressing.

Continue reading to learn the difference between arrest warrants and bench warrants, including what you need to do as a recipient of one.

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Indiana Arrest Warrant Lawyer 317-636-7514


After a warrant is issues, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. In terms of arrest warrants, you need to turn yourself in to authorities at the local police station as soon as possible; otherwise, you are considered a fugitive of the law. Bench warrants do not require jail time, but they do require a certain level of action.

Arrest Warrants

A person with a warrant out for their arrest can expect to live with a great deal of paranoia. This is because they can be picked up by the police and arrested on the spot at any place. They can be arrested at work, at home, in the gym, and anywhere else they might be noticed or discovered. Having a warrant is a serious, but resolvable situation. A person needs to contact an Indiana criminal defense lawyer and turn themselves into law enforcement before they get in more legal trouble.

Bench Warrants

A bench warrant is another term used for arrest warrant. Specifically, a bench warrant is intended to flag someone for violation, and call them to the judge’s “bench” for sentencing. They are generally issued when a person fails a court ordered drug test, skips a probation meeting, misses a court date, fails to pay a speeding ticket, or commits other similar court violations and minor infractions. Same as any other warrant, it is advised to turn yourself in before your legal situation escalates into something bigger.

Do You Have Questions About Your Warrant?

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Marijuana Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your warrant with a seasoned Indianapolis criminal defense attorney you can trust. 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!