Why Choose Our Criminal Defense Law Firm in Indianapolis

Posted on August 8, 2022 by admin

The Law Office of David E. Lewis is your top resource for superior criminal defense in Indianapolis, Indiana. When you are looking for a skilled and aggressive crime lawyer, Attorney David E. Lewis and his esteemed legal staff are the team to have in your corner. Our Indianapolis Indiana criminal defense law firm will build you a strong and impactful defense against your criminal charges, giving you the best possible outcome in court. Avoid harsh penalties and jail time by calling the Law Office of David E. Lewis today for your free consultation.

Continue below to learn why so many Hoosiers choose us to beat or significantly reduce their criminal charges throughout Central Indiana, plus how to get started on your defense as soon as today.

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The Law Office of David E. Lewis

Indianapolis Criminal Defense That Works

Here at the Law Office of David E. Lewis, you can expect to be treated with the utmost care and respect. We see you as the person you are, not the person. The courts are accusing you of being. Regardless of your crime or criminal charges, we are here to obtain a better legal outcome for you. We will work around the clock to build you a strong and impactful defense to significantly reduce or even dismiss your criminal charges entirely. Trust us to work on your case as if it were our own matters at stake.

Criminal Matters are Complex

Our Indianapolis defense attorneys know that your criminal matters are confusing to you and that you may not know which steps to take after being arrested or indicted on criminal charges in Indiana. If under investigation or charged with a crime in Indiana, your future and freedom could be in jeopardy. Your next few moves could greatly influence and impact your case, so having an adept defense attorney on your side is a monumental advantage for yourself and your future.

Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

From start to finish, our criminal defense attorneys take your legal matters seriously. You can count on us to protect your rights and preserve your freedoms at all costs. We have full knowledge of criminal law on both state and federal levels, plus retain years of experience serving Hoosiers just like yourself. Our case results are prima facie evidence that our law firm is the right choice for your criminal charges in Indiana.

Are you ready to schedule your free, no risk consultation with seasoned attorney who actually cares about the quality of your life? 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!

Everything You Need to Know About Home Detention

Posted on July 22, 2022 by admin

Home detention, also called house arrest or home confinement, is a court-ordered, officer-supervised penalty that is sentenced to certain offenders in lieu of jail time. When sentenced to such penalty, a person must remain within the set boundaries of their home at all times, but may be given limited travel privileges for work, school, or doctor’s appointments.

Although the label seems pretty clear, there is much more to a house arrest sentence than just home confinement. If you or someone you love is facing house arrest, it is helpful to get some answers to some common questions in order to put your mind at ease and clear up any confusion you had about the terms and conditions of house arrest.

Continue reading to review the most frequently asked questions about home confinement to do just that!

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Top House Arrest FAQS

Can a Juvenile Be Sentenced to Home Detention?

Both adults and minors under the age of 18 years old can be sentenced to home detention. In fact, many teenagers are sentenced to house arrest because most judges aim for a safer, more productive alternative to juvenile hall or jail. Whether juvenile or adult, all convicted offenders are put on temporary probation during the duration of the sentence. Probation can include routine meetings with a probation officer, random drug screenings, community service, full-time employment, drug rehabilitation, GED completion, MADD panels, and more.

What are the General Rules of House Arrest?

Every person’s case is different, and subject to varying regulations. However, the general rules of house arrest include no drugs or alcohol in the residence, no drug or alcohol consumption, a probation officer can come by the home at any time to check for drugs or alcohol or to perform a random drug test, adherence to a set curfew, and all orders of probation.

All convicted offenders on home detention must also wear an electronic monitoring bracelet around their ankle. This keeps track of their location. If the subject goes beyond their allotted property line, the probation officer and local law enforcement are immediately notified. Tampering with an ankle monitor is considered a violation, and a criminal charge in itself. The device is programmed to detect even the slightest tampering, then records and sends the notification to the proper authorities.

What Happens if You Violate House Arrest?

If a convicted offender breaks any of the rules of their sentence, they are subject to being ordered to a probation violation hearing in court. This means you not only face the previous charges, but now face additional ones as well. Sometimes, a probation officer will give a warning the first time, but it is important to understand that the terms are taken very seriously, and one minor infraction will be penalized.

Do You Need a Lawyer if You Violate?

In most cases, yes. The penalties for such violations are taken very seriously, and the penalties a defendant faces for them are very harsh as well. Your criminal defense lawyer already knows your case and will defend you once again to minimize the penalties you face for violating. They are your only hope at avoiding the maximum charges for a house arrest violation.

How are You Monitored on House Arrest?

A person on house arrest wears an electronic alarm device on their ankle at all times. This device is coupled with another that is connected to a person’s home phone. The device will record the dates and times of all traveling within and outside of the set boundaries. If any of these records show that a person traveled outside of their boundaries during a time that was not permitted, the probation officer is notified, and the person is charged with a violation. Tampering with the device will also be recorded and considered a violation.

Are you worried that your recent criminal charges will land you with the maximum penalties, like jail or house arrest? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our skilled and aggressive criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

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Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

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

Frequently Asked Questions About Warrants

Posted on July 8, 2022 by admin

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

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

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FAQS About Warrants

What is an Arrest Warrant?

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

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

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

How are Arrest Warrants Served?

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

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

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

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

How Do I Surrender to an Arrest Warrant?

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

Do I Need a Lawyer for an Arrest Warrant?

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

What Makes a Search Warrant Valid?

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

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

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

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

Why Was My Plea Deal Rejected By the Judge?

Posted on June 27, 2022 by admin

Many criminal defendants wrongly assume that when they are presented with a plea deal, they are automatically granted the deal. However, it is possible for a judge to reject a plea deal after a defendant has agreed to one. Not only can this be fusing, but it can be highly frustrating when it comes time to stand trial for sentencing.

Continue reading to learn why plea deals are commonly rejected by judges, and what you can do to appeal the plea deal denial.

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What is a Plea Deal?

A plea deal, or bargain, is just that: an agreement between the prosecuting attorneys and the defendant’s defense attorney in which each party sacrifices something to gain something when it comes time for sentencing. Essentially, it is a compromise regarding a defendant’s charges and penalties for their crimes. In most cases, this means a defendant accepts to plead guilty to their charges in return for a lower conviction and/or more forgiving sentence.

What You Need to Know About Accepting a Plea Bargain

But here is what most criminal defendants do not know: it is not up to the prosecution and defense to use a plea bargain. Instead, plea bargains must first be approved by the courts. A judge has to determine whether or not a defendant was strong-armed in any way; and once they confirm no pressure was made, they will approve a plea bargain. However, the process and regulations for plea bargains differ from state to state.

Why Pleas Get Denied By Courts

In most cases, criminal defendants will be granted their plea deal by the court. However, it is possible for the courts to deny a plea deal presented by the prosecution, especially in the case of habitual offenders. After all, if you are being charged with your tenth DUI, it is unlikely that the court will accept a plea deal in your favor. At this point, they will be ready to punish you and use you as an example to the community.

In less egregious scenarios, plea deals can still be rejected by the judge. This may happen if the judge strongly believes that A) it is in the best interest of the community or general public, or B) the plea agreement does not sufficiently address the nature of the offense or the rights of the victims involved, if any.

How to Get Help with Your Criminal Charges In Indiana

It is important to talk to a trusted and licensed Indianapolis criminal defense attorney about Indiana plea bargains and appeal procedures. A seasoned criminal lawyer will be able to navigate all elements of your case and build you in impactful defense in favor of a lighter or even served sentence.

Are you looking for a skilled criminal defense lawyer who can get you the best outcome to your Indiana criminal charges? 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.

Can a Person Be Arrested for Blackmailing?

Posted on June 22, 2022 by admin

Blackmail is a crime. Crimes come with penalties of all kinds, from fines and restitution to community service, house arrest, probation, and even jail time. And like all crimes, blackmailing another person, business, or organization will lead to these same consequences. Continue below to learn more about blackmail laws, including the common charges and penalties, plus what to do if you are being blackmailed by another.

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Blackmailing Laws in Indiana

Blackmailing can be a state or federal crime depending on the circumstances or nature of the offense. Most people wrongly assume that blackmail is the act of forcing someone to do something they don’t want to do by means of threat or ultimatum (not by bribery or intimidation). But the true, universally accepted legal definition of blackmail describes a very serious offense that causes significant damage to one’s reputation, finances, or quality of life, all of which can subject a victim to extreme psychological and emotional traumas. For this reason, blackmail is deemed as a very serious offense under criminal law, and therefore, renders major penalties, including jail time.

West’s Encyclopedia of American Law, (2d Edition, 2008), defines blackmail as: “[t]he crime involving a threat for purposes of compelling a person to do an act against his or her will, or for purposes of taking the person’s money or property.

Forms of Blackmail

Blackmail crimes come in all forms. A blackmailer could threaten a person to do something they don’t want to do by threatening physical violence, or threatening to harm their 1) reputation, 2) employment status or privileges, 3) school admissions, 4) child custody rights, 5) social status, 6) membership status, 7) finances, 8) property, 9) loved ones, and much more. A blackmailer may even threaten to reveal secrets that can cause harm to all of these elements of life and more.

Typically, the person doing the blackmailing is someone that has a level of authority or power over the victim, such as an employer, computer hacker, spouse, parent, guardian, conservatorship representative, lawyer, agent, teacher, school administrator, and similar authorities. However, this is not always the case. A blackmailing victim can be blackmailed by their best friend, romantic partner, neighbor, or even a minor.

Blackmail Versus Extortion

The terms blackmail and extortion are sometimes used interchangeably to describe the same type of crime. However, blackmail is typically reserved to describe crimes of threat, while extortion is more like blackmail that results in actually receiving funds, money, payment, or some other reward. Basically, when blackmail is successful, it turns into the crime of extortion.

Penalties for Blackmailing

Here in Indiana, if the defendant is charged with blackmail or extortion, they will face a long list of penalties, with the possibility of jail time. In most cases, a first offender convicted of a blackmailing crime will be sentenced to fines. In other cases, a defendant might be sentenced to fines and imprisonment. Aside from criminal penalties, a person convicted of blackmail or extortion may also face a civil lawsuit brought on by the victim. The victim could seek damages from the blackmailer in the form of compensation or settlement.

What to do if you’re being blackmailed: Immediately contact the police and give a full report. Never take matters into your own hands.

Are you currently facing criminal charges for bribery, blackmail, or extortion in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for misdemeanor or felony criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

Frequently Asked Questions About No Contest Pleas

Posted on June 6, 2022 by admin

Although a No Contest plea is a common alternative to a guilty or not guilty plea, it may or may not be the right choice for your criminal case. Continue below to learn what you need to know by reviewing these frequently asked questions about no contest pleas in Indiana.

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FAQS About No Contest Pleas

What is a No Contest Plea?

“No Contest”, or nolo contendere in legalese, literally translates to, “I do not wish to contend.” A No Contest plea is used as an alternative to pleading guilty or not guilty. Essentially, when a defendant chooses to plead no contest, they are neither admitting nor disputing the charges against them. Although a defendant does not admit guilt, the plea will elicit a criminal conviction in court. Accordingly, a No Contest plea is essentially the same as a guilty plea.

Many people confuse No Contest pleas to “Alford” pleas. Although nolo contendere pleas are similar to Alford pleas in that both do not admit guilt, they still accept the punishment under a guilty conviction. Under an Alford plea, a defendant is saying they are innocent, but will accept the guilty conviction and subsequent penalties. Under a nolo contendere plea, a defendant is not admitting guilt nor claiming to be innocent.

What are the Pros and Cons of Using a No Contest Plea?

There are many noted advantages of pleading no contest in a criminal case. As for benefits, nolo contendere pleas are wise in criminal cases that might also result in civil action. If a civil lawsuit were to arise, the defendant’s guilty conviction upon pleading no contest cannot be used as evidence against them. Additional benefits of a nolo contendere plea include:

▷ Lower Attorney Fees and Court Costs
▷ Shorter Trial Process
▷ Publicity/Reputation Protection
▷ Potential for Lighter Sentences
▷ Stopping Further Investigation

On the other hand, there are also some critical disadvantages of pleading no contest. First and foremost, a No Contest plea is essentially a guilty plea because it renders a guilty conviction and subsequent sentence. Basically, defendants are punished just as they would be had they entered a guilty plea. Additional disadvantages of No Contest pleas include having a conviction on your permanent.

How Do I Plead No Contest to My Criminal Charges?

Courts must grant approval before a defendant can enter a nolo contendere plea. So, your first step to determining your eligibility for pleading no contest would be to hire a criminal defense lawyer. They can arrange all the motions and paperwork asking the courts for permission to enter a No Contest plea. Some defendants will be denied.

Should I Plead No Contest to a Minor Charge?

Although they are a type of guilty plea, pleading no contest can be beneficial for you when facing minor criminal charges, especially if the prosecution is offering it in a plea deal. Most often, plea deals are used to negotiate, which is why they are also called plea bargains. Prosecution will offer a reduced charge or sentence in return for the defendant’s guilty plea, or in this case, a No Contest plea.

Do I Need a Lawyer if I Am Going to Plead No Contest?

It is important to discuss your plea options with your defense lawyer. Hopefully you choose to hire a private criminal attorney in Indianapolis, as public defenders are overloaded with cases and cannot put much time or focus on a defendant’s case like a private lawyer can. If you want the best possible outcome to your criminal case, you will need private, personal defense.

With your lawyer, you can decide which plea is the best fit for your criminal circumstance. Each case is different, and everyone’s criminal history is different, so your best options will differ from the defendant down the street. In fact, you cannot just choose a no contest plea; in most states, defendants require permission from the courts first.

Are you ready to fight your Indiana criminal charges and potential avoid having to enter a plea altogether? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

FAQS About Indiana’s Good Time Credit

Posted on May 26, 2022 by admin

If your pending criminal charges likely come with a jail sentence, you are wise to explore ways to reduce your imprisonment time with good inmate behavior. This is exactly what Indiana’s Good Time Credit program offers inmates in exchange for cooperation and obedience while in jail.

Unfortunately, not everyone qualifies for Indiana’s Good Time Credit, as there are several strict and specific criteria inmates must meet to be granted a reduced prison sentence. But for those who do qualify, the benefits are significant. Not only can you reduce your 18 month sentence to a 9 month sentence, but you can get back into the world you know, making money, taking care of family, attending school and church and so much more.

Continue below to review some frequently asked questions about Indiana’s Good Time Credit, including who might or might not qualify and where to get started in Indianapolis.

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Frequently Asked Questions About Indiana’s Good Time Credit

What is Indiana’s Good Time Credit?

Indiana’s Good Time Credit allows eligible and approved inmates to get out of jail sooner than their original sentence length if they exhibit good behavior. The amount of Good Time Credit that can be earned depends on the inmate’s level of offense. Indiana’s Good Time Credit terms and conditions can be found under Indiana Code 35-50-6-0.5. Good Time Credit should not be confused with other times of sentence-reducing credit time, such as accrued credit, vocational credit, rehabilitation program credit, house arrest credit, work release program credit, and educational credit.

Who is Eligible for Indiana’s Good Time Credit?

Those who have been given an executed sentence are on the brink of qualifying for Indiana’s Good Time Credit. Beyond executed sentences, it is the judge’s discretion to grant approval for Good Time Credit. Habitual offenders and violent offenders may be denied eligibility. Individuals who are sentenced as “credit restricted felons” do not qualify.

How Can I Earn Good Time Credit in Jail?

Earning Good Time Credit in jail starts and ends with good behavior. Inmates must adhere to all rules and regulations, avoid confrontations, stay away from criminal activity, and participate in healthy activities, like exercise, schooling, vocational programs, and more. Depending on the level of offense an inmate is serving, they may be assigned Credit Class A through Credit Class P, which can accrue them days off their sentence with good behavior.

Credit Class A:
Class A Misdemeanors and Level 6 Felonies
▶ 1 Good Time Day for Every 1 Accrued Day
▶ Potential to Reduce Sentence By 50%

Credit Class B:
Level 1 – 5 Felonies
▶ 1 Good Time Day for Every 3 Accrued Days
▶ Potential to Reduce Sentence By 25%

Credit Class C:
Any Charge Level – Generally inmates are moved from Class A or B to Class C as punishment for bad behavior.
▶ 1 Good Time Day for Every 6 Accrued Days
▶ Potential to Reduce Sentence By 14.3%

Credit Class D:
Any Charge Level – Generally inmates are moved from Class A, B, or C to Class D as punishment for bad behavior.
▶ No Good Time Days
▶ No Potential to Reduce Sentence

Credit Class P:
Any Charge Level – Assigned to defendants awaiting trial while on home detention. Convicted persons do not qualify.
▶ 1 Good Time Day for Every 4 Accrued Days
▶ Potential to Earn Up to 25 Days Toward Executed Sentence

Am I Free After Being Released From Jail on Good Time Credit?

After being released from jail on an executed sentence based on Good Time Credit, you are not yet free from the law’s grip. Individuals will still have to report to a probation or parole office on a regular basis, pass routine drug and alcohol screens, participate in court-ordered programs (community service, rehab, etc.), pay all fines, maintain full-time employment, and more. You may also be subjected to a curfew, housing requirements, and mandatory job placement, plus have your drivers’ license suspended and your firearm rights taken away. Typically, probation or parole lasts between 1 and 5 years, depending on the criminal history and level of offense.

Are you looking for criminal defense attorney who can help you understand your rights to getting out of jail faster after being convicted of a crime in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Are Breathalyzers Reliable at Proving Intoxication?

Posted on May 20, 2022 by admin

Breath testing has been the most common method of investigating and confirming a person’s blood alcohol concentration (BAC). Law enforcement and similar authorities typically use handheld electronic devices known as breathalyzers to test an individual’s breath and obtain a BAC reading. But are these breath testing devices actually reliable? Are they accurate? Do they really prove intoxication?

Continue reading to learn more about breath testing and breathalyzers, including what to do if you believe you have been wrongly arrested after failing a breathalyzer test in Indiana.

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Breathalyzer Testing

Breathalyzers are science-based electronic devices that are designed to read and compute blood alcohol levels based on breath. There are different types of breathalyzers. Some are designed with fuel cells that generate an electric current, while others use infrared light or chemical reactions.

The average person has no idea how these scientific electronic devices work, so many people tend to blindly trust whatever reveals. But like all manufactured commodities, especially electronic ones, design flaws and happen. In such a case, breathalyzers might incorrectly or inaccurately process the blood alcohol concentration in a person’s breath.

Breathalyzer Test Reliability

So, how reliable are these breathalyzers? Possibly not so much, at least not all the time. According to a post in the New York Times, thousands of people have been arrested based on flawed breath testing results over the years, and courts across the country have thrown out more than 50,000 tests.

As most fragile computer-based electronic devices go, breathalyzers require routine maintenance and care, including precise calibration. Not only must these devices be set up properly, but they must also be used correctly and by a certified operator. And the unfortunate truth is that the standards for proper breathalyzer usage and maintenance are not highly regulated.

Most law enforcement agencies are not monitored on how well they take care of or calibrate their BAC-measuring machines, how well they train their staff to use them, and how well they store their data. With all of these factors at play, there are many variables that can cause breathalyzers to compute inaccurately, and therefore, give unreliable BAC test results.

Get Yourself a Lawyer After Failing a Breath Test

Unfortunately, most law enforcement officials will take whatever reading the breathalyzer gives them and use it as just cause to arrest a person for public intoxication or drunk driving. For this reason, it is important to obtain professional and private criminal defense legal representation to fight your criminal charges. Good criminal defense attorneys have the resources, knowledge, and skills to reduce your charges or dismissed them entirely based on an unjust arrest.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your public intoxication or DUI charges in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

Facts About Aggravating Factors in a Criminal Case

Posted on May 18, 2022 by admin

Facing criminal charges is a confusing matter to experience. When aggravated factors are involved, it can be more challenging for a defendant to understand what’s at stake in terms of their rights and future freedoms. If you are concerned about defending aggravating factors in a criminal case, continue below to learn the right facts you need to know.

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Aggravating Factors Make Criminal Charges Worse

Have you ever heard the phrases, “the straw that broke the camel’s back” or “the icing on the cake” before? Aggravating factors are certain details about a criminal act that make the crime more serious and the penalties much harsher. For instance, if a person is caught selling drugs out of their home, they would face certain charges and penalties. However, if that person is caught selling drugs near or on school grounds, they would face even higher charges and penalties since being at or within 500 feet of a school is an aggravating factor to the crime.

Common Types of Aggravating Factors

There are many types of aggravating factors, and a person can face multiple ones in their criminal case. Aggravating factors can enhance a criminal charge by many levels. They can bump a Class A misdemeanor to Level 6 Felony, or even a Level 5 felony. They can also bump low level misdemeanors to higher level misdemeanors. For instance, if a person with no prior criminal record gets busted for a DUI, they would face lighter charges and penalties compared to a person with no prior criminal record who gets busted for a DUI but also causes a car accident that results in bodily harm to a passenger or a driver.

Examples of Aggravating Factors:

► Assault on a police officer or firefighter
► Crimes involving minors
► Crimes committed on or nearby schools or government buildings
► Use of a deadly weapon
► Causing bodily harm
► Egregious recklessness or disregard
► Battery causing death

Mitigating Factors Versus Aggravating Factors

Aggravating factors are opposite of mitigating factors, which are factors that can lessen the severity of a crime. For instance, if a person is caught in possession of a non-prescribed prescription narcotic, such as opioids or barbiturates, they would face a particular set of charges and penalties. However, if that person has no prior criminal record and is a good standing citizen within the community, such characteristics could be deemed as mitigating factors in their case, and therefore lessen their charge and penalties.

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