10 Common Criminal Defense Strategies

Posted on July 27, 2023 by admin

In the intricate world of legal defense, a criminal defense lawyer is the cornerstone of any fair trial. Their mastery of various defense strategies can mean the difference between freedom and incarceration for the accused.

In this post, we will delve into the realm of criminal defense, outlining ten common strategies that these skilled advocates employ. We’ll demystify the legal jargon, making it understandable for everyone, whether you’re a law student, someone interested in criminal law, or you simply want to understand the legal process better. Let’s dive in and explore these strategies that play an essential role in the pursuit of justice.

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Top 10 Criminal Defense Strategies to Win Your Case

Alibi

An alibi is a defense strategy based on the fact that the accused was somewhere else at the time of the alleged crime. This type of defense can be difficult to prove, as it usually requires witnesses or other forms of evidence to corroborate its claims. However, if proven successful, an alibi could result in a case being dismissed entirely.

Innocence

Innocence is the assertion that the defendant did not commit the crime and can be proven through eyewitness testimony, physical evidence, or other forms of reliable proof. This type of defense works best when there is a lack of evidence linking the accused to the crime. However, it may also prove difficult to prove in some cases, as the prosecution may have sufficient evidence to prove guilt.

Insanity

The insanity defense is based on the principle that the defendant did commit the crime but was unable to understand right from wrong due to mental illness at the time of the offense. It is important to note that this type of defense only works if there is sufficient evidence of the accused’s mental illness at the time of the crime.

Self-Defense

This defense strategy is used when a defendant believes that they were in imminent danger and had no other way to protect themselves from harm. In this type of situation, the defendant must prove that their actions were necessary for their own protection and that they acted in a reasonable manner given the circumstances.

Mistake of Fact

The mistake of fact defense claims that the defendant was mistaken in their belief that they were not committing a crime due to incorrect information or lack of understanding about certain aspects of the law. For example, if someone believes they are legally allowed to carry a firearm in a particular state when it is actually illegal, this could be used as a defense.

Duress

Duress is based on the fact that the defendant committed the crime because they were threatened with harm or death if they did not comply. In order for this defense to work, the prosecution must prove that there was an immediate threat of violence, and that the defendant had no other reasonable course of action.

Entrapment

Entrapment is a defense that claims the defendant was coerced by law enforcement into committing a crime that they would not have otherwise done. In order to prove this defense, the accused must show evidence that they were tricked or threatened into committing the act in question.

Necessity

The necessity defense argues that the defendant had to commit a crime in order to avoid an even greater harm. In this case, the defendant must prove that their actions were justified and necessary given the circumstances of the situation.

Renunciation

This defense is based on the fact that the defendant voluntarily chose not to go through with committing a crime. If evidence can be provided that the accused abandoned their plans or took steps to prevent the offense from being committed, then this defense could be successful.

Consent

The consent defense is used when a defendant argues that the alleged victim consented to an act they are accused of committing. This type of defense is typically used in cases involving assault or sexual misconduct and requires convincing evidence that the victim was aware of the potential risks involved.

From alibi to consent, these ten criminal defense strategies are essential tools for any lawyer defending their client in a court of law. It is important to remember that each case is unique and only after examining all the facts can a skilled criminal defense attorney determine which strategy would be most effective in a particular situation.

In Summary

Criminals accused of a crime have the right to be represented by an attorney who understands the ins and outs of criminal defense strategies. A qualified lawyer will assess the situation from all angles, taking into account any mitigating factors that may help their client’s case. As such, it is important for individuals charged with a crime to seek experienced legal counsel to ensure the best possible outcome.

When it comes to criminal defense, knowledge is power. Knowing your rights and understanding the intricacies of the law can help defendants build a strong case for their defense or plea bargain for lesser charges. Understanding these common strategies can also help you become a better informed citizen, deepening your appreciation for justice and due process.

Are you looking for qualified legal representation to fight your Indiana criminal charges? Contact the Law Office of David E. Lewis today 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.

The Impact of Plea Bargaining on Criminal Cases

Posted on July 21, 2023 by admin

Plea bargaining is a common and often controversial practice in the criminal justice system. It involves an agreement between prosecutors and defendants whereby the defendant pleads guilty to a lesser offense or fewer charges than they were originally charged with, in exchange for reduced penalties or other benefits. This process has both advantages and disadvantages that can have profound implications on criminal cases.

In this blog post, we’ll explore how plea bargaining affects those accused of crimes, including the role of a criminal defense lawyer in negotiating plea deals. We’ll also discuss some of the ethical considerations associated with plea bargains, as well as potential reforms that could be made to make them more equitable for all parties involved. By examining these issues from multiple angles, we can gain greater insight into how plea bargaining impacts our legal system today and what changes may need to be made going forward.

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The General Benefits of Plea Bargains

The primary benefit of plea bargaining is that it allows criminal defendants to take responsibility for their actions while avoiding the risk of a harsher sentence if they took the case to trial. It also saves time and money for both parties, as fewer resources are needed to litigate a guilty plea than a full-blown trial. As such, plea bargaining is often seen as an effective way to reduce court backlogs and resolve cases more quickly. This can be beneficial for those accused of crimes who may not have access to adequate legal representation or financial means necessary to pursue a lengthy trial process.

The Possible Drawbacks of Plea Deals

However, there are many drawbacks associated with plea bargains that must be taken into account. For example, some argue that prosecutors wield too much power in plea bargaining, often pressuring defendants into accepting deals that may not be in their best interest. This can have a particularly profound effect on those with fewer resources or who are unfamiliar with the legal system, as they may not be able to adequately negotiate for better terms.

Additionally, research has shown that certain racial and ethnic groups are disproportionately affected by plea bargaining. For example, African Americans and Latinos are much more likely to accept plea bargains than Caucasians, even when facing similar charges.

Obtaining Criminal Defense

When it comes to negotiating a plea bargain, the role of a criminal defense lawyer is essential. A competent attorney will help ensure that their client’s rights are protected while working to reach an agreement that meets all parties’ needs. This includes ensuring that any deal reached is in the client’s best interests and does not involve any hidden consequences.

Considering Potential Reform Opportunities

Finally, it is important to consider potential reforms that could be made to fairer outcomes for all parties involved. These include implementing measures such as increasing oversight of plea bargaining practices, making sentencing guidelines more consistent across cases, and providing greater access to legal representation for those who cannot afford it. Such measures can go a long way towards making plea bargaining more equitable for defendants while also protecting their rights.

In Summary

Overall, the impact of plea bargaining on criminal cases cannot be overstated. Although it affords many benefits, there are also several ethical considerations that must be taken into account when negotiating deals. Furthermore, certain groups may face disproportionate disadvantages when considering plea bargains. With this in mind, reforms must be made to ensure that plea bargaining is an equitable process for all parties involved. A criminal defense lawyer can play a key role in ensuring that any deal reached is fair and protects their client’s rights. By understanding the nuances of plea bargaining, we can better appreciate its implications and strive towards creating a more just legal system.

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!

What To Do When You Have Been Charged With a Crime

Posted on July 18, 2023 by admin

No one ever expects to be charged with a crime. When it happens, the gravity of the situation can feel overwhelming. You may not know what to do or who to turn to for help. But understanding your rights and options is key in any criminal defense case. In this blog post, we’ll discuss the steps you should take when charged with a crime, including finding an experienced criminal defense lawyer and understanding your rights. Continue reading to get started.

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Why You Should Always Take a Criminal Charge Seriously

Receiving a criminal charge can be a scary and overwhelming experience, but it is important to take it seriously. A criminal charge can lead to serious consequences, including a criminal conviction and a criminal record, which can impact your life in numerous ways. It is essential to seek the help of a criminal defense attorney who can guide you through the legal process and help you achieve the best outcome for your case. A criminal conviction can affect employment opportunities, housing options, child custody arrangements, professional licensing, firearm privileges, and even relationships with friends and family. It’s crucial to take every criminal charge seriously and work with a legal professional to ensure the best possible outcome for your future.

How to Deal With a Criminal Charge the Right Way

1. Gather Information: The first step in defending yourself against criminal charges is to carefully review all of the information available to you. Ask questions about the charges being brought against you, as well as any evidence or witnesses that may be presented by the prosecution. Your attorney can help you understand what each charge means and how it could affect your case.

2. Understand Your Rights: As soon as you are charged with a crime, remember that you still have rights protected under the Constitution—including the right not to incriminate yourself and the right to remain silent until consulting with a criminal attorney of your choice. Do not talk to police officers or prosecutors about the case without an attorney present.

3. Find a Criminal Defense Lawyer: The importance of having a competent and experienced criminal defense lawyer cannot be overstated when you are charged with a crime. A skilled defense lawyer will be knowledgeable in criminal law, understand the court system and its procedures, review evidence on your behalf, negotiate plea bargains if necessary, and protect your legal rights throughout the entire process. You have the right to choose your own attorney or may request a public defender from the court based on financial need.

4. Prepare Your Case: Once you have chosen an experienced Indianapolis criminal defense lawyer, work together to prepare for every aspect of your case, including gathering evidence, reviewing paperwork, and interviewing witnesses. Additionally, be sure to explain your side of the story completely and accurately to your attorney so they can develop the strongest defense strategy possible.

Get Professional Criminal Defense ASAP

Facing criminal charges is a serious matter and should not be taken lightly. Taking the right steps when charged with a crime can help ensure that you have access to the best legal representation available. Understanding your rights and finding an experienced criminal defense lawyer are key in any criminal defense case, allowing you to make an informed decision about how to proceed with your case.

Being charged with a crime is a trying experience, but having the right legal professional in your corner will make the process easier on you. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will obtain the best possible outcome for your criminal case!

How to Improve Your Chances of Winning a Criminal Appeal

Posted on June 28, 2023 by admin

If you’ve been convicted of a crime, and you want to challenge the conviction in court, then filing an appeal is your best option. An appeal is when an appellate court reviews the decision of a lower court and decides if it was correct or not. It can be difficult to win an appeal but there are steps that can be taken to improve your chances.

In this blog post, we will discuss how to better position yourself for success when appealing a criminal conviction. We will look at strategies such as researching legal precedents, gathering evidence, finding expert witnesses and more. Read on to find out how you can give yourself the best chance of winning your criminal appeal!

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Understanding What Happens at a Criminal Appeals Hearing

When a conviction has been made in a criminal court case, the defendant, their criminal defense lawyer, or both may seek a criminal appeals hearing. At this type of hearing, the defendant’s legal team will present information to the appellate court that they believe shows errors or procedural mistakes that occurred during the initial trial and subsequent conviction.

During a criminal appeals hearing, both the prosecution and defense will have the opportunity to argue their case, but the appellate court’s main job is to review the lower court’s decision-making process, ensuring that the case was tried fairly and properly. Ultimately, the appellate court will then either affirm the lower court’s decision or overturn it and order a new trial.

Tips for Winning a Criminal Appeals Case

Hire an Appellate Lawyer: A criminal appeals hearing is a legal process that allows a defendant to challenge their conviction or sentence, but the process can be complex and challenging. Hiring a criminal defense lawyer can help make the process easier and can increase the chances of a successful appeal. An experienced appellate attorney can help with various aspects of the appeal, including identifying legal errors, gathering and analyzing evidence, and presenting a strong case in court. Additionally, they can provide guidance on what to expect during the appeals process, including what evidence to present, how to address the court, and how to navigate the complex legal procedures.

Do Your Research: The first step to take when preparing for an appeal is to research legal precedents. This means looking into other cases with similar facts and circumstances and comparing them to your own. This can provide you with valuable insight into the likelihood of winning a criminal appeal as well as helping ensure that you are not making any mistakes in your arguments. Additionally, it’s important to be familiar with the laws surrounding your case so that you can make better informed arguments in court.

Gather Evidence: It’s also important to gather evidence that supports your argument. This could include documents such as witness statements, police reports, photographs, or video footage. Anything that provides proof of innocence should be presented during the appellate process.

Find Expert Witnesses: Identifying and interviewing expert witnesses is essential for a successful appeal. Expert witnesses are individuals who can provide testimony or evidence that supports your case. They may be professionals in the field of medicine, psychology, engineering, or law, just to name a few. It’s important to find an experienced and knowledgeable expert witness who can help make your arguments more convincing.

Write Effective Documents: When appealing against a criminal conviction, it’s important to write effective documents such as appeal briefs or motions. These documents should explain why you believe the lower court erred in its decision and how your side of the argument is correct. You should also cite legal precedents that support your argument as well as any evidence you have gathered.

Be Prepared: Finally, it’s important to be prepared for the hearing in the appellate court. This means coming to court with all your documents and evidence organized and ready to be presented as well as being familiar with the laws surrounding your case so that you can answer any questions from the judges.

In Summary

By following these steps, you can give yourself a better chance of winning a criminal appeal. It’s important to do your research, gather evidence, find expert witnesses, and write effective documents as well as come prepared for the hearing in court. With some hard work and dedication, you may have success in overturning your conviction!

Are you unhappy with your recent criminal conviction? You need a defense lawyer who won’t let you down this time. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!

Is Getting Arrested Expensive?

Posted on June 20, 2023 by admin

Getting arrested can be a frightening experience, and it’s often accompanied by financial distress. When you’re facing criminal charges, bail, court fees, and other related expenses can add up quickly, making the entire process of dealing with them overwhelming. If you have been arrested or charged with a crime, it is important to understand the potential costs associated with your case so that you are prepared for what lies ahead.

In this blog post, we will discuss the various expenses that may arise when dealing with criminal defense and how you can minimize them. We will also provide tips on how to find an experienced attorney who will work hard to ensure that your rights are protected throughout the legal process.

The Average Cost of Criminal Defense – What You Need to Know

Bail Bonds

Even if your charges are ultimately dismissed or dropped, you will still pay out of pocket for certain expenses related to your arrest – likely starting with bail bonds. The cost of a bail bond will depend on how much the judge sets the defendant’s bail. Usually, a person will pay 10% to 15% of their bail; so, if your bail is set at one thousand dollars, you would pay between $100 and $150 for a bail bond, which is non-refundable. Next comes criminal defense, which you will need regardless of your innocence.

Court Fees

The cost of criminal defense can vary significantly depending on the type of case and the complexity of the charges. Generally speaking, basic court fees are typically required for all cases. This includes filing fees, administrative costs, transcriptions, copies of documents, and more. Additionally, if you choose to hire a private attorney for your case, their legal services will come with an additional fee that could range anywhere from hundreds to thousands of dollars depending on how extensive your defense needs to be.

Public Defense

In some cases, it may be possible to reduce expenses related to criminal defense by utilizing public defenders or other low-cost options available through legal aid programs. However, these types of services may not always be readily available or offer the same level of expertise as a private attorney. If you choose to go this route, it is important to ensure that the public defender assigned to your case is qualified and experienced in criminal law so that they can provide you with an effective defense.

Private Criminal Defense

The cost of hiring a criminal defense lawyer is always worth it, even if your charges are minor. Regardless of which option you decide to pursue, the most important thing when facing criminal charges is to have a knowledgeable legal adviser by your side throughout the entire process. An experienced criminal attorney will be able to help guide you through each step from filing documents and preparing for court, all while advocating for your best interests and ensuring that your rights are protected. Taking the time to research potential attorneys and find one who has experience working on cases similar to yours will be essential in minimizing costs related to your case.

Fines and Probation

After being convicted of a criminal offense, many individuals find themselves on probation, which can come with its fair share of expenses. These expenses can include fines, restitution payments to victims, and probation fees. Fines often need to be paid by a certain deadline and can add up quickly depending on the severity of the offense. Restitution payments can also be costly, especially if the victim suffered significant financial losses or medical bills. Additionally, probation fees can range from a few hundred to a few thousand dollars annually, depending on the state and the length of the probationary period. Falling behind on payments can potentially lead to additional legal consequences.

In Summary

Overall, getting arrested or charged with a crime can be expensive, but it doesn’t have to be. By understanding the potential costs that you may face and taking steps to find an experienced lawyer to represent you, you can ensure that your rights are protected throughout the legal process while minimizing financial distress. We hope this blog post has provided some useful information about the costs associated with criminal defense and how to minimize them. If you or someone you know is facing criminal charges, remember that there are resources available to help make this difficult time as manageable as possible.

Are you looking for affordable legal representation to fight your Indiana criminal charges? Contact the Law Office of David E. Lewis today 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.

A Closer Look at Consequences for Drugged Driving in Indiana

Posted on June 14, 2023 by admin

Driving under the influence of drugs (DUID) is a serious offense in Indiana, and those who are caught can face harsh consequences. The penalties for drugged driving vary depending on the type and amount of drug involved. In addition to legal repercussions, there may also be personal costs such as lost wages or higher auto insurance premiums. It’s important to understand the risks associated with operating a vehicle while impaired by drugs so that you can make an informed decision about your safety and that of others on the road.

In this blog post, we’ll take a closer look at DUID laws in Indiana and examine some of the potential consequences for violating them.

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What You Need to Know About Drugged Driving (DUID) in Indiana

In Indiana, it’s illegal to drive with any detectable amount of certain controlled substances in your system. This includes cannabis, opioids, amphetamines, benzodiazepines, and many other commonly abused drugs. If you’re pulled over or involved in an accident while impaired by drugs, the police may give you a field sobriety test to determine whether you are under the influence. If they believe that you are impaired, they can charge you with a DUID offense. The severity of the charge will depend on what type of drug is present and how much is in your system; for example, cocaine possession will usually result in more serious charges than marijuana possession.

DUID Convictions and Penalties

The consequences for drugged driving vary depending on the severity of the drug crime. If convicted, you could face a fine of up to $10,000 and/or up to two years in prison. You may also be required to complete drug treatment programs or community service. Additionally, your license could be suspended for six months or longer. Even if you don’t receive jail time or pay a fine, DUID convictions can remain on your criminal record and have negative impacts on employment opportunities and other areas of your life.

How to Stay Ahead of Your Rights and Your Safety

It’s important to stay informed about drugged driving laws in Indiana so that you can make safe decisions when it comes to getting behind the wheel. In addition to understanding the potential consequences for violating these laws, it’s also essential to know the signs of impairment – including slowed reaction time, difficulty concentrating, and impaired coordination – so that you can recognize when it’s not safe to drive. Making smart choices now can save you from facing serious legal and personal repercussions down the road.

In Summary

Drugged driving is a serious offense in Indiana, and those who are caught violating DUID laws may face harsh consequences including fines, prison time, license suspension, and more. It’s important to stay informed about these laws in order to make safe decisions when it comes to getting behind the wheel. Remembering the potential costs associated with drugged driving can help you avoid facing serious legal or personal repercussions in the future.

What to Do After a DUID Arrest in Indianapolis

If you have been arrested for drugged driving, also known as driving under the influence of drugs (DUID), it is important to seek the counsel of an experienced Indianapolis criminal defense lawyer. A conviction for drugged driving can have serious consequences, including fines, license suspension, and even imprisonment. A qualified criminal defense attorney can review the evidence against you and develop a strategy to protect your rights and minimize the potential repercussions. They can also help you understand the complex legal issues involved in a DUID case, such as the validity of drug tests and how they may be challenged in court. With the guidance of a skilled criminal defense lawyer, you can potentially achieve a more favorable outcome in a drugged driving case.

Were you or your loved one recently arrested for drugged driving in or around Indy? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed DUID lawyer in Indianapolis , Indiana. We can start working on your case TODAY.

Examining the Impact of Indiana’s Criminal Justice Reforms

Posted on June 8, 2023 by admin

Indiana has been in the process of reforming its criminal justice system for several years now, and the results have been promising. The state’s reforms have included reducing sentences for certain nonviolent offenses, investing in alternatives to incarceration, and expanding access to reentry programs. These measures are aimed at reducing prison overcrowding while still maintaining public safety. Additionally, Indiana has invested in programs that focus on helping individuals affected by crime avoid returning to prison after release.

In this blog post, we’ll take a look at how these changes have impacted Indiana’s criminal justice system and what challenges remain as we continue working towards a more equitable and effective system of justice. We’ll also discuss what other states can learn from Indiana’s experience with criminal justice reform. By understanding the successes and failures of past reform efforts, policymakers across the nation can work together to create lasting change within our country’s criminal justice systems.

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Indiana’s Criminal Justice Reforms Help Reduce Crime

Indiana’s criminal justice reforms have resulted in decreased crime rates across the state. The rate of violent crimes has dropped by nearly 20 percent since 2016, and property crime rates have also declined over the same period. This is especially apparent in areas where more resources are invested in community-based approaches to addressing crime and drug addiction. As a result, fewer individuals are facing incarceration for low-level offenses than before.

Higher Rate of Successful Reentries to Society

Additionally, Indiana has seen an increase in successful reentry outcomes among those who leave prison after their sentence has been served. This can be attributed to the expanded access to resources such as job training programs and substance abuse treatment centers that help these individuals transition back into society without resorting to criminal behavior. By providing people with the necessary support to stay out of prison, Indiana is helping reduce recidivism rates and create a safer environment for its citizens.

Common Challenges Faced by Criminal Justice Reform

Despite these successes, there are still some challenges that must be overcome before Indiana can fully realize its criminal justice reform goals. One such challenge is addressing racial disparities within the system. While African Americans make up just 10 percent of the state’s population, they represent over 30 percent of those convicted of felonies and nearly 60 percent of those incarcerated in Indiana prisons. This disparity is indicative of systemic racism within the criminal justice system and must be addressed if meaningful change is to occur.

Additionally, while overall crime rates have dropped due to reforms, there are still areas where more progress needs to be made. For example, offenses involving firearms have increased in some cities, and the number of homicides has remained largely unchanged from before the reforms began. To better address these issues, Indiana must invest more resources into programs that promote public safety and prevent crime rather than simply relying on harsher punishments for those who break the law.

In Summary

Overall, Indiana has made great strides towards reforming its criminal justice system in recent years. By investing in alternatives to incarceration and providing individuals with necessary support after release, the state has been able to reduce both prison populations and crime rates across the board. However, there is still work to be done in order to fully realize this potential and create a more equitable criminal justice system that works for everyone. Understanding the successes of Indiana’s reforms and taking the necessary steps to address the challenges that still remain is key for other states looking to replicate these results.

Are you a parolee or on probation and wish to appeal or expunge your conviction in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed appellate lawyer in Indianapolis, Indiana. We can start working on your case TODAY.

What You Need to Know About Felony DUI Arrests in Indiana

Posted on June 5, 2023 by admin

Drinking and driving, or driving under the influence (DUI), is a serious offense in the state of Indiana, and if you are arrested for it, you could face hefty fines or even jail time. But if your DUI charge is upgraded to a felony, then the consequences can be much more severe. A felony DUI conviction can have long-lasting effects on your life, including job loss, difficulty finding housing or loans, and even prison time. It’s important to understand what makes a DUI charge become a felony so that you know how to protect yourself from these harsh penalties.

In this blog, we will discuss the circumstances under which an individual may face felony charges for driving under the influence in Indiana and what steps to take after being charged with such an offense.

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What a Felony DUI Arrest in Indiana Might Mean for Offenders

Indiana considers a drunk driving offense to be a felony if the accused has three or more prior convictions within the past 10 years. If this is your first offense, you will likely face misdemeanor charges and not have to worry about felony repercussions. However, it’s important to note that any subsequent conviction could result in harsher penalties. Furthermore, if you are convicted of a DUI crime while operating a commercial vehicle, you may also be charged with a felony.

Hire a Drunk Driving Lawyer

If you are facing felony drunk driving charges in Indiana, it’s essential that you get an experienced criminal defense lawyer as soon as possible. An Indianapolis DUI lawyer can help you understand your rights and ensure that you receive the best possible outcome for your case. Your attorney can also provide guidance on how to proceed with mitigating factors that could help reduce your sentence, such as participating in rehab or taking a defensive driving course.

How the Law Views Repeat Offenses for DUI in Indiana

DUI laws in Indiana take repeat offenses seriously, with harsher penalties for those who have been arrested for multiple drunk driving crimes. Habitual offenders may face high fines, lengthy jail sentences, and suspension or revocation of their driver’s license. In addition, any prior DUI arrests can be used to increase a person’s sentence if they are found guilty of another intoxicated driving offense.

In Indiana, drivers may receive enhanced punishment based on the number of prior DUI convictions on their record. For example, someone convicted of a second drunk driving offense within 5 years must serve at least 5 days in jail and may be fined up to $10,000. A third or subsequent conviction in the same time period carries even tougher penalties, such as 10-30 days in jail and fines up to $10,000. The court also has the option to order additional sanctions that can include longer probation periods and mandatory alcohol education courses.

Furthermore, some counties may have local ordinances which carry their own separate punishments for repeat DUI offenders which can include fines ranging from $500 to $2,500, additional community service hours beyond what is required by the state laws and/or installation of an ignition interlock device. Ignition interlock devices (IID) require drivers to blow into a breathalyzer before starting the vehicle; if the device detects alcohol above a predetermined level, then it will prevent the car from being started. Indiana state law also requires IID installation for certain repeat offenders as part of any probation agreement following a conviction for driving under the influence (DUI).

In short, it is important to understand that the consequences associated with multiple drunk driving arrests in Indiana can be severe. It is recommended that anyone charged with driving under the influence seek legal counsel from an experienced criminal defense attorney to ensure they are aware of all possible penalties and available options for defending against these charges.

In Summary

Overall, it’s important to understand what constitutes a felony drunk driving charge in Indiana so that you can be prepared if you are ever charged with one. A felony conviction can have serious implications for your future, so make sure to contact a qualified DUI lawyer right away if you find yourself facing felony charges. With the right representation and understanding of the law, there is hope for a favorable outcome and protection from life-altering penalties.

After being arrested for drunk driving, it’s crucial to work with an experienced DUI lawyer right away. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned DUI defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your drunk driving case!

What to Expect if Charged with a Felony in Indiana

Posted on May 15, 2023 by admin

If you are facing felony charges in Indiana, it is important to understand what to expect throughout the criminal justice process. Being charged with a felony can be a very intimidating and frightening experience, so having knowledge of the legal process ahead of time can help ease your anxiety and give you an idea of what lies ahead. A criminal defense lawyer will provide invaluable assistance as you navigate through this difficult situation. With their guidance and expertise, they will strive to ensure that your rights are protected every step of the way.

In this blog post, we’ll explore some key aspects of dealing with felony charges in Indiana – from initial arrest all the way through sentencing and appeals if necessary.

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What is a Felony?

A felony is a serious crime that can result in severe consequences for those convicted. Some examples of felonies include murder, burglary, fraud, and drug trafficking. Felonies are distinguished from misdemeanors by their severity and potential for longer prison sentences and significantly higher fines.

In addition to these legal penalties, felony convictions can have a long-lasting impact on an individual’s personal and professional life, including the loss of voting rights, limited job opportunities, and restrictions on accessing certain types of government assistance. Understanding what constitutes a felony and its implications is crucial in avoiding legal trouble and safeguarding your future.

Procedures for Felony Criminal Charges

The Arrest and Initial Charges

If you have been charged with a felony in Indiana, you will likely be arrested. During this time, it is important to stay calm and remain silent – anything you say can and will be used against you in court. After the arrest, an initial hearing will be held where the judge will determine the formal charges placed against you. At this point, your criminal defense lawyer will begin to assess your case and develop a legal strategy for defending you.

Plea Bargain or Trial

At some point during the legal process, your criminal defense attorney may present a plea bargain as an option for resolving your case outside of trial. If accepted by both parties involved, this agreement will require you to plead guilty in exchange for a reduced sentence or lesser charges. However, if no plea bargain is reached, your case will proceed to trial. During this portion of the process, your attorney will present evidence and witnesses on your behalf to prove your innocence.

Sentencing

If found guilty or after a plea bargain has been accepted, sentencing will be determined by the judge. Depending on the severity of the crime, this could involve jail time, fines, probation restrictions or any combination thereof. Your criminal defense lawyer can help explain all these possible outcomes prior to sentencing.

Appeal

In some cases where guilt was established at trial or through a plea agreement, an appeal may be filed in an attempt to reduce the sentence or overturn the conviction altogether. Your criminal defense lawyer can advise you on what steps should be taken if such a situation arises.

Act Fast and Hire a Felony Crime Lawyer

If you have been charged with a felony in Indiana, it is important to understand the legal process that lies ahead and ensure that your rights remain protected at all times. Having an experienced criminal defense attorney by your side will make this difficult experience much easier to navigate and provide invaluable assistance throughout the entire process. If you find yourself facing felony charges in Indiana, contact a qualified legal professional today for more information about defending your rights and moving forward.

Are you searching for a defense lawyer who can represent you in your felony case? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned felony defense criminal lawyer in Indianapolis, Indiana. Our criminal attorneys will get you the best possible outcome to your criminal case!

What to Expect if Charged with a Misdemeanor in Indiana

Posted on May 10, 2023 by admin

Being charged with a misdemeanor crime in Indiana can be a frightening experience. It is important to understand the potential consequences of your charges and how you might best defend yourself from them. While misdemeanors are generally less serious than felony offenses, they still carry penalties that could affect your life for years to come. A criminal defense attorney can help you navigate the legal process and protect your rights if you have been accused of committing a misdemeanor offense in Indiana.

In this blog post, we will discuss what to expect when facing misdemeanor charges in the state of Indiana. We’ll cover topics such as possible penalties, how to find an experienced criminal defense lawyer, and more. Keep scrolling to get started.

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What is a Misdemeanor?

Misdemeanor crimes are lesser offenses compared to felonies but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious. For instance, a first offense DUI is charged as a Class A misdemeanor if the driver has a BAC of 0.15% or higher, or a Class C Misdemeanor with a BAC below 0.15%. Whereas a public intoxication charge is penalized as a Class B misdemeanor.

Class A Misdemeanor (IC 35-50-3-2)

Class A misdemeanors are the most serious. In fact, Level 6 felonies (the least serious) are considered “wobblers” because they often have a good chance at being reduced to a Class A Misdemeanor. This misdemeanor comes with the longest minimum jail sentence and highest fines. Possession of marijuana over 30 grams is an example of a Class A misdemeanor.

Class B Misdemeanor (IC 35-50-3-3)

Class B misdemeanors are right in between the most serious and the least serious misdemeanor. They are punishable by a minimum sentence of 180 days in jail and up to $1,000 in fines. Public intoxication is an example of a Class B misdemeanor.

Class C Misdemeanor (IC 35-50-3-4)

Class C misdemeanors are the least serious. They are punishable by a minimum of 60 days in jail and up to $500 in fines. But with a tough criminal defense attorney pm your side, you can avoid jail time. A DUI with blood alcohol content under 0.15% is a Class C misdemeanor is the person has no alcohol-related priors.

Misdemeanor Criminal Charges and Penalties

When charged with a misdemeanor in Indiana, you can expect to face penalties such as fines, jail time, or both, if convicted. The exact severity of the punishment depends on the nature of the offense and your criminal history. You may also be required to attend drug treatment, anger management classes, community service, or other programs if applicable.

Additionally, you may have to pay restitution for any damages caused by your offense. It’s important to note that even after completing your sentence, a misdemeanor conviction will remain on your record and could affect your ability to obtain a job or housing in the future.

Another thing to expect when facing charges is the need for an experienced criminal defense lawyer who understands Indiana law and how it applies to misdemeanors. A good criminal defense attorney will be able to evaluate your case and work tirelessly to protect your interests. An experienced lawyer can also build a strong defense strategy, negotiate with prosecutors and judges on your behalf, and help you seek the best possible outcome for your case.

Conclusion

If you have been charged with a misdemeanor in Indiana, it’s important to understand what consequences you may face and how best to defend yourself against them. Being aware of the legal process ahead of time can help alleviate some of the uncertainty that comes along with being charged with a crime. An experienced criminal defense attorney will be able to provide guidance throughout the entire process and ensure that your rights are fully protected. If you’re facing charges in Indiana, reach out today for experienced legal representation.

Were you or a loved one just arrested for a misdemeanor offense in Indiana? Do not wait a second longer to get the skilled and aggressive representation you need to protect your reputation, future, and freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana about your misdemeanor charges. Our law firm will work around the clock to obtain the best possible outcome to your criminal case!