Will I Be Eligible for a Diversion in Criminal Court?

Posted on October 18, 2022 by admin

After being charged with your first offense, the courts may decide that you are eligible for a diversion program. Diversion programs allow defendants to avoid a conviction and sentence by completing certain requirements, such as drug treatment or community service. These programs can be beneficial for first-time offenders or those with non-violent crimes. Speak to your attorney about whether you may be eligible for a diversion program in your case.

Continue below to learn more about diversion programs, including what it might mean for your future and your freedom if you are granted this legal option.

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What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

Is it a Crime to Skip Jury Duty?

Posted on October 7, 2022 by admin

Most of us feel the same way about jury duty. It is on the same level as going to the dentist or being asked to cover the late shift. Not many of us jump to the duty, as they call it, yet most have no choice in the matter. Without a good excuse and proof of, it is virtually impossible to get out of jury duty. Regardless, after receiving a jury duty summons, your first thought might be, “how can I get out of this?”, while your second thought might be, “do I really have to show up?”

Both of these are common jury duty questions that deserve accurate and update answers. After all, you could be penalized for missing jury duty. Does such penalization serve as grounds for an arrest or jail time? How is one penalized for skipping jury duty? How can you get out of jury duty? All of these are great questions.

Continue below to learn the answers to them all, including what to do if you miss your jury duty date.

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Facts About Jury Duty

Jury duty is an important civic responsibility that helps to ensure the fairness of our legal system. While it may not be the most exciting way to spend a day, serving on a jury is an essential part of democracy. Serving on a jury is a privilege and a responsibility that should not be taken lightly. It is an opportunity to play a role in ensuring justice is served, and to learn more about how our legal system works. Jury duty can be an inconvenience, but it is also an important part of being a responsible citizen.

Jury duty typically involves sitting in a courtroom and listening to evidence presented by lawyers in a criminal or civil trial. After hearing both sides of the case, the jury deliberates in private to reach a verdict. Jurors are chosen at random from a pool of eligible citizens and must be impartial and objective when hearing a case. This can be challenging, especially in high-profile cases, but it is important to remember that everyone is entitled to a fair trial.

Jury Duty Obligations

If you fail to appear for jury duty, you may be subject to contempt of court charges. This could result in a fine or even jail time. But in most cases, the court just reschedules your jury duty for another date. However, it’s best to avoid missing jury duty altogether if possible. If you miss jury duty, contact an Indianapolis criminal defense lawyer for your best chance at avoiding the maximum penalties for your charges. A criminal attorney can negotiate with the courts and get you a new jury duty date in lieu of criminal charges or jail time.

Were you summoned for jury duty but missed your scheduled date? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

What You Can Expect From a False ID Charge in Hamilton County

Posted on September 28, 2022 by admin

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

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Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

How the Appeal Filing Process Works in Indiana

Posted on September 23, 2022 by admin

Did you just lose your criminal case? Are you devastated by the verdict handed down to you in criminal court? The good news that you are desperately in search of right now is here: you still have legal options. You can choose to file an appeal, even if you’ve just lost one.

Continue reading to learn how the appeal filing process works in Indiana, plus a bonus tip on which criminal defense law firm to choose for the best possible outcome in appellate court.

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The Indiana Procedures for Filing an Appeal

Indiana procedures for filing an appeal in criminal court are pretty straightforward. There are four basic steps, all of which will require the assistance of a licensed and experienced criminal defense attorney in Indianapolis. These steps include petitioning for an appeal, appellee response, court reviews, and appellate court verdict.

Filing the Appeal

The first step in the Indiana appeal filing process is petitioning for appeal. The appellant is required to file an official Notice of Appeal coupled with a written argument decreeing their basis for appealing the court’s verdict.

Getting the Appellee Response

The next step in the appeals process is to receive the appellee’s response to the appeal. The appellee is the opposing party, and they must respond to the Notice of Appeal within a certain time frame and also with a written argument describing their stance on the approval of an appeal. During this stage of the process, the appellee can actually cross-examine the appellant.

Waiting For the Court to Review Both Arguments

During this phase of the appeals process, the courts will review arguments provided by both parties. They will decide if any legal errors occurred during the original criminal justice and court process. It is very common for both parties to appear before the judge and provide oral arguments and cross examinations to prove their case.

Hearing the Appellate Court Verdict

The appellate court hands down their verdict in the last phase of the appeals process. At this time, the appellant will learn if their appeal is denied or approved. Appeals are denied when the appellate court agrees with the lower court’s original decision or verdict.

Are you looking for an experienced appellate court lawyer in Indiana? 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!

Where to Get Aggressive Criminal Defense in Indianapolis

Posted on September 20, 2022 by admin

Don’t get stuck with the maximum penalties for your suspected crimes. Talk to a seasoned criminal defense lawyer in Indianapolis about possibly dismissing or reducing your Indiana criminal charges. But who can you trust to have compassion for your life, and work around the clock to protect your rights and preserve your freedoms? Choose the criminal defense attorney that so many other Hoosiers have in the past, David E. Lewis.

Attorney David E. Lewis Will Get You the Best Possible Legal Outcome

When you are charged with a crime in Indiana, trust an aggressive and experienced Indianapolis criminal defense attorney to protect your rights and preserve your freedoms. Attorney David E. Lewis is the only professional authority for the job. He has decades of experience working in the criminal law field and has successfully defended thousands of offenders all over the state. He has been able to recover reduced sentences and even have charges dismissed for several of his past clients and will do everything in his power to provide the same results for you!

Your Case is His Top Priority

Attorney David E. Lewis will work around the clock to build a strong and impactful defense against your criminal charges, all while remaining a constant advocate for you during the entire legal process. He truly has his clients’ best interests in mind at all times, and never passes judgement on anyone that calls or comes through his doors. He strongly believes you are innocent until proven guilty! Don’t let a novice criminal defense attorney lead your case. They may not have the evolved knowledge from years of hands-on experience; an attribute that sets David E. Lewis apart from other entry-level criminal attorneys.

Your Chance at a Better Future

You have a realistic chance at avoiding jail time, thousands of dollars in fines, and other extreme penalties for drug crimes when you have an experienced Indianapolis defense attorney behind you. David E. Lewis, Attorney at Law, is fully equipped to take on your criminal case and fight for your rights. With him and our professional legal team on your side, you will have the professional guidance and knowledge it takes to remain strong and emotionally intact during your criminal legal proceedings.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

You Have 10 Days to Protect Your Indiana Drivers’ License After an OWI

Posted on September 14, 2022 by admin

Were you just let out of jail after being arrested for drunk driving or intoxicated driving? If so, beware. A licensed criminal defense lawyer (not a public defender) only has 10 days to save your driving privileges in Indianapolis, so get on the phone and call a trusted DUI attorney in Indiana, today!

Don’t let an OWI arrest hold you back from reliable transportation when it does not have to. After all, your income matters more now than it ever has before, and a vehicle is a reliable way to get back and forth from work. And being in trouble with the law is not cheap, especially if you face jail time. You might also have children in need of transportation to and from daycare, school, and activities.

Continue below to learn how to protect your drivers’ license in Indiana after being arrested on inebriated driving charges in Indianapolis.

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Specialized Driving Privileges (SDP)

Were you recently arrested on a drink driving charge in Indiana? If you didn’t refuse a chemical test, and it hasn’t been 10 days since the arrest, you may qualify to have your driving privileges saved from suspension! What was once called a “hardship” or “probationary” license is now referred to a “specialized driving privileges” (SDP) in Indiana.

It is vital to call Attorney David E. Lewis as soon as possible following an OWI charge in Marion County to see if you have a chance at being granted specialized driving privileges. Depending on several factors, a judge can choose to grant a wide spectrum of driving authorizations for an offender. They may only allow a person to drive to and from school or work, or simply allow offenders to drive during specified times of the day. They may also assign an ignition interlock device on their vehicle to prevent future intoxicated driving if they are a habitual offender.

How to Reinstate a Drivers’ License After a DUI

Contact the Law Office of David E. Lewis at 317-636-7514 to learn more about your Indianapolis drunk driving charges, including how to reinstate your drivers; license, how to avoid the maximum penalties for your crime, and more. Our Indianapolis IN criminal defense law firm offers a wide range of criminal defense, from OWI charges and drug possession charges to felony crimes, misdemeanor crimes, white collar crimes, criminal record expungements, and more. You can count on our aggressive representation to preserve your rights and protect your freedoms after being arrested for drunk driving or drugged driving in Indiana.

How to Get Started With a Meeting

Are you worried about your driving privileges and pending DUI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI defense lawyer in Indianapolis, Indiana. We also represent defendants charged in Indiana but who live in another state.

Do I Have Another Option if I Lose My Appeal?

Posted on August 31, 2022 by admin

Losing is never fun. But when it comes to criminal matters, the consequences of losing in any aspect can be devastating to your future and your freedoms. After being convicted of a crime in Indiana, it is common for defendants to file an appeal with the courts to turn around a conviction or the ordered sentencing. When you lose your criminal appeal, you might immediately be asking, “what’s next?”, and you would not be alone. Most appellate court losses are followed by questions about alternative legal recourse options.

If you too have just lost your appeal, or afraid you might, continue below to learn what you need to know about moving forward from your loss.

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Why Appeals Get Approved or Denied

Going to appellate court can be intimidating because you simply cannot predict the outcome of your hearing. You may be granted an appeal under your desired conditions, or you may be denied and forced to continue with your fight to preserving your freedoms and protecting your rights. In most cases, appellate courts deny appeals because they agree with the original verdict and sentencing of the lower courts and did not verify any errors in the judicial or criminal process. If the court does have concerns or doubts about the lower court’s verdict/sentencing, or suspect errors in the process, they may grant an appeal.

Your Next Steps After Losing an Appeal in Indiana

If you do lose an appeal, you may have some options left on the table. But first and foremost, it is vital that you have a seasoned Indianapolis criminal defense lawyer working your case, otherwise you have little to no chance at obtaining a successful legal outcome. Choose an Indianapolis criminal attorney who specializes in Indiana appeals and expungements for the best chance at appealing an appellate court denial.

Depending on the nature of your conviction/crimes, here’s what a criminal defense attorney might do after you lose an appeal:

Petition For a Rehearing

Your Indiana criminal defense lawyer can petition for a rehearing to address any errors, misstatements, exclusions of information, oversights, or similar flaws in the legal process you believe impacted the appellate court’s decision.

File an Application for a Writ of Habeas Corpus

Your criminal defense lawyer can also file an application for Writ of Habeas Corpus. This is a type of post-conviction relief that is only eligible for certain criminal defendants. It is often used for convicts in prison who have exhausted all other efforts for appeals.

File a Petition to Transfer the Case

After losing an appeal in Indiana, you may be eligible to file a petition to have the case transferred to another appellate court. This option is generally fulfilled when there is a significant and strong question of law, or if there are issues with standardization in decisions.

Appeal to a Higher Court

The final “Hail Mary” option available to eligible defendants after losing an appeal is to bring their case before a higher court, either the State Court of Indiana or the Federal Supreme Court depending on the nature of their crimes. Higher courts will only see certain cases, so this is an unlikely option for the standard convict.

Do you wish you had an aggressive and skilled criminal defense attorney who can fight your appeal and give you the best chance at reducing or dismissing your conviction? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm that specializes in appeals. We can hold meetings over the phone or in person at our Indy-based office.

Using Auto Brewery Syndrome For DUI Defense

Posted on August 23, 2022 by admin

If you are pulled over while driving, and the cop believes they smell alcohol on your breath, you will likely be asked to take to a breathalyzer test. This device measures and computes the amount of alcohol on a person’s breath. When you pass the breathalyzer test, you are generally free to go; however, if you do not pass the test, your car will be towed and impounded while you are arrested for a DUI (driving under the influence) and taken to jail.

Drunk driving charges, also known as DWI’s (driving while intoxicated) and OWI’s (operating while intoxicated), can lead to heavy fines, strict and mandatory probation and court orders, loss of driving privileges, and even jail time. But what if you fail the breathalyzer even though you haven’t had anything to drink? Perhaps you have Auto Brewery Syndrome.

Continue reading to learn more about this syndrome and what to do if you or a loved one is facing OWI charges right now.

DUI Attorney Indianapolis Indiana 317-636-7514 — Those with Auto Brewery Syndrome retain excessive quantities of yeast in their digestive system.

What is Auto-Brewery Syndrome?

Many Americans are not even aware that Auto Brewery Syndrome exists, but it can cause a person to fail a mechanical breath test. Basically, it is a disorder that causes a person to have an abundant amount of yeast in their digestive system. Large amounts of yeast can produce ethanol in quantities that can actually lead to intoxication. You could say that a person who suffers from this syndrome has a stomach that brews its own beer. Therefore, the syndrome can trick an officer into thinking a person has consumed alcohol even though they haven’t.

Not only do those with Auto Brewery Syndrome produce large amount of yeast, but they can also add to their yeast reserves by consuming foods and beverages that contain yeast. This includes wine, bread, tortillas, pitas, crackers, pizza crust, and more. Adding to the amount of yeast in their digestive system can also contribute to failing a breathalyzer.

Common Symptoms of Auto Brewery Syndrome:

▷ Dry Mouth
▷ Hangovers
▷ Dizziness
▷ Disorientation
▷ Depression
▷ Anxiety

There are several other health conditions that can contribute to falsely failing a breathalyzer test. Talk to your primary care physician if you are concerned that you may suffer from too much yeast or ethanol in your system. If you are facing criminal charges for a DUI, be sure to hire an experienced criminal defense attorney to avoid being sentenced to the maximum penalties for your crime.

Are you currently facing drunk driving criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your OWI charges.

Are Dropped Charges the Same as Dismissed Charges?

Posted on August 17, 2022 by admin

When criminal charges are no longer being held against you, they have either been dropped or dismissed. Although they render virtually the same results, charges dropped and charges dismissed are two different criminal outcomes. Continue reading to learn the difference between dropped charges and dismissed charges, including the pros and cons of each.

The Prosecutor Decides to Drop or Dismiss Charges

In criminal cases, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges. Also known as the People, the State, or in federal cases, the United States, the prosecutor will ultimately make the decision to either drop, dismiss, or pursue the criminal charges against a defendant of the court. If the prosecutor chooses to pursue the criminal charges against a defendant, they must prove every element of the criminal act beyond a reasonable doubt. Because this is a challenging burden to undertake, prosecution will sometimes choose to drop or dismiss the criminal charges instead.

Criminal Charges That Are Dropped

Criminal charges can be dropped before or after charges have been filed with the court. The most common reason why charges are dropped in criminal cases is due to insufficient evidence. As we mentioned before, prosecutors have the burden of proving every single factor of a crime beyond a reasonable doubt. If there are holes in their case against the defendant, they may lack confidence in their ability to prove their assertions beyond a reasonable doubt.

Additional reasons why prosecutors might drop charges include errors in law enforcement procedures and violation of amendment rights, specifically 4^th, 5^th, and 6^th. Sometimes, courts, prosecutors, and government offices have heavy caseloads but not enough resources to deal with them all. This might lead a prosecutor to drop criminal charges the defendant. In other cases, a criminal defendant might have information that can help law enforcement pursue bigger criminal cases. If the defendant is willing to help, they might be offered a deal that involves dropping their criminal charges.

Criminal Charges That Are Dismissed

Criminal charges are usually dismissed for the very same reasons they are dropped, and lack of evidence is still the most common. The main different between dropped criminal charges and dismissed criminal charges is where they occur in the timeline of the judicial process. Dismissed charges generally don’t take place until later on, after the judge or prosecutor realizes they don’t have what they need to prove that the defendant is guilty of the alleged crimes. Oppositely, charges can be dropped before anything is even filed with the court.

Further distinctive of dropped charges, dismissed charges can be ordered by the judge rather than the prosecution. If the judge feels that there are holes in the case, they might override the process and dismiss the charges themselves.

Pros and Cons

Although hypothetical, if you could choose, you would want your charges to be dismissed. When charges are dropped against a defendant, prosecution still has the opportunity to reinstate their criminal charges later on. This might happen if they gather more sufficient evidence against you, allowing them to build a stronger case that proves you are guilty of the alleged crimes. When charges are dismissed, they typically stay dismissed for good.

Are you ready to fight your current criminal charges in Indiana? 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!

How to Reduce Your Indianapolis Criminal Charges

Posted on August 11, 2022 by admin

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

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

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Dismissal of Criminal Charges is Not Common

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

Reducing Criminal Charges is a Strong Possibility

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

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

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

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

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

Money Should Not Be a Concern

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

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