Facts About Criminal Diversion Programs

Posted on February 15, 2022 by admin

Our judicial system, both on a state and federal level, offers relief to certain, qualifying defendants in the form of criminal diversion. Criminal diversion programs essentially redirect defendants away from the standard process of the criminal justice system, which typically involves conviction, sentencing, and possible jail time.

Continue reading to learn more about criminal diversion programs, including what they are, who may be eligible, and more.

Pretrial Diversion Lawyer Indianapolis Indiana 317-636-7514

Criminal Diversion Programs for Juveniles and Adults

When a person is arrested and charged with a crime, they will eventually face court hearings that likely involve trial, conviction, sentencing, and any subsequent court ordered penalties, such as fines and jail time. But when a person, a defendant, rather, is offered a diversion program opportunity, they will go on a separate, unique route, one that is more lenient in terms of short-term and long-term consequences.

Juvenile Diversion Programs

Both juveniles and adults may be offered diversion program admittance, but the scope of the programs will vary depending on county and district. Juvenile diversion programs are very common since they protect kids from enduring long-term consequences as a result of breaking the law. Juvenile diversion allows children and adolescent offenders who are deemed susceptible to rehabilitation to avoid the juvenile justice system altogether.

Pretrial Diversion

An adult diversion program, called pretrial diversion, may be offered to offenders who are deemed by the prosecution as having a likelihood of rehabilitation. Such programs vary in specifics from case to case, but generally re-route a defendant on a different path, separate from the standard criminal court process. Pretrial diversion programs are also referred to as pretrial interventions or agreements for deferred prosecution.

Diversion Programs are Optional

If you are offered a diversion opportunity, you are not required by law to accept it. They are 100% optional. However, most people choose a diversion program over the standard sentencing process because it keeps them out of jail and gets them off of probation quicker.

Qualifications for Diversion Programs

A judge or prosecutor may decide to offer a diversion program opportunity if they feel that the offender deserves sanctioning alternatives to revocation of professional licensing or certification, or if they believe it will decrease the chances of re-offending.

The courts may also decide to grant diversion opportunities if they feel that the case is minor enough, and therefore, does not warrant the spending of excessive prosecutive and judicial resources. In many other cases, diversion programs are used to set an example or as a form of restitution.

Are you interested in reducing or dismissing your minor criminal charges in Indiana? 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.

What to Expect From Juvenile Court

Posted on February 8, 2022 by admin

A person is legally deemed a juvenile if they are under the age of 18. Although juveniles are also referred to as minors, a minor can also be someone who is under 21 years old and therefore, still prohibited to consume or purchase alcoholic beverages. If your pre-teen or adolescent was arrested, they will likely be prosecuted in the Indiana juvenile court system.

Continue below to learn what to expect when you enter the court room for your child’s case, plus how to best prepare your teen’s defense to avoid the maximum penalties for their charges.

Juvenile Delinquency Lawyer Indianapolis Indiana 317-636-7514

Delinquent Offenses Versus Status Offenses

Kids will be kids, but when kids break the law, they can be subjected to criminal penalties in the juvenile court system. There are two primary types of juvenile crimes: delinquent offenses and status offenses. Delinquent offenses are crimes that can be committed by children and adults, like driving without a license, vandalism, shoplifting, illegal drug use, assault, and battery. Status offenses are crimes that can only be committed by juveniles, such as curfew violations, truancy, running away from home, and underage drinking.

In most cases of status offenses, at least the minor ones, juveniles are often given the option to cooperate with a supervised probation and behavioral modification plan rather than going in front of a judge. In more serious cases of both status and delinquent offenses among juveniles, a child or teenager may be required to go to court and be adjudicated by a judge.

Juvenile Court Process of

When you enter juvenile court, you will see a lot of people present, but rest assure, they are there to serve a good purpose. You can expect to see your own criminal defense attorney, the prosecutor, the magistrate or presiding judge (or in some cases, a commissioner or referee), an intake officer, and possibly a probation officer.

▷ Initial Hearing – The first hearing is known as the initial hearing. This is when the juvenile is told what they are being charged with. During the initial hearing, it is imperative that you have a juvenile criminal defense lawyer present and working your case.

▷ Detention Hearing – If a juvenile is being detained by the Department of Corrections, their detention hearing should take place within the first 48 hours of arrest; but this does not include holidays or weekends.

▷ Waiver Hearing – If the prosecutor wants the judge to move the juvenile’s case from juvenile court to adult court, there will be a waiver hearing scheduled. Again, it is critical to have private criminal defense for your juvenile if a waiver hearing is set into motion.

▷ Fact-Finding Hearing – When witness testimonies are required for juvenile case, a fact-finding hearing will be scheduled in which the witnesses will tell the judge what they know about the case.

▷ Review Hearing – A judge will request a review hearing after juvenile’s conviction to see how they are doing with their progress, and court orders.

Juvenile Sentences

If a juvenile is sentenced for their offense, they are often put on probation, which can be either supervised or unsupervised, but in more serious cases, they can be sentenced to the Department of Corrections. for juveniles. Additional court ordered penalties that may be headed down to a convicted juvenile include community service, restitution, school attendance, rehabilitation, counseling, diversion programs, and house arrest.

A juvenile’s arrests and convictions stay on their permanent record even after they turn 18. However, these records may be eligible for criminal record expungement or record sealing. Talk to a trusted Indianapolis criminal defense lawyer to learn more about Indiana’s Second Chance Law if your juvenile has criminal record, or if you yourself have a criminal record from when you were a minor.

Juveniles Tried in Adult Court

If a child or adolescent commits a very serious crime, such as one in the realm of homicide, they may be tried in the adult court system. In such case, it would be critical to your child’s future to hire a skilled and aggressive Indianapolis Indiana criminal defense law firm to represent the case. This would be the best way for them to avoid the maximum penalties for the charges, including prison time.

Is your child or teenager facing criminal charges in Indiana and you have no idea how to protect them from a harsh future? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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

How to Switch From a Public Defender to a Private Criminal Lawyer

Posted on February 4, 2022 by admin

It is a common scenario experienced by thousands of criminal defendants all across the state of Indiana. Upon accepting public defense from the court, a defendant will quickly change their mind and decide that private criminal defense is the safer, more reliable route to take with their case. And they are all correct.

Continue below to learn why public defense is not the best choice for legal representation when facing criminal charges, plus how to switch from a public defender to a private lawyer if you also decide that your future and freedoms are too precious to risk.

Local Criminal Lawyer Indianapolis Indiana 317-636-7514

The Harsh Reality of Public Defense

Public defenders are real, board-certified lawyers. They are employed under a federal system or publicly-funded public defender’s office and assigned to defendants who cannot afford or wish to pay for a private attorney. After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a private Indianapolis criminal defense lawyer, out-of-pocket.

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more.

Not only do they do most of the work for a public defender, but they do also not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real concerns about their future.

The Easiest Way to Change Attorneys Mid-Case

If you feel like your public defender does not have the ability to fight your criminal charges and protect you against the maximum penalties, like jail and heavy fines, just let them go, but not before hiring a private criminal defense lawyer in their place. That’s all you have to do.

Just hire an experienced and skilled Indianapolis IN criminal lawyer, and they will take over for you, handling all tasks related to your legal needs. They will contact the public defender’s office or write a letter to the judge on your behalf, explaining why you wish to make the switch. This is not a responsibility you want to face on your own.

Are you unhappy with your pubic defender? Or have you changed your mind and want to switch to a more qualified law office? 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!

What You Can Expect on Misdemeanor Probation

Posted on January 18, 2022 by admin

If you are facing misdemeanor criminal charges, you will likely be sentenced to probation if convicted. Probation is a serious court order that requires astute discipline and cooperation by you, the defendant. Just one broken rule or violation of your probation terms and conditions can get you into a whole other set of legal troubles, which does nothing more but impose more penalties and lengthen your time under the supervision of the law.

Continue reading to learn some basic information about probation, keeping in mind that cases vary from person to person depending on the unique circumstances of their criminal history, convictions, and more.

Misdemeanor Probation Violation Lawyer Indianapolis IN 317-636-7514

Misdemeanor Offenses Can Pose a Wide Range of Penalties

A misdemeanor crime is a lesser offense compared to a felony and cannot be punished by more than one year in jail according to federal law. However, misdemeanors still come with an extensive list of possible penalties if convicted. The types of penalties and the severity of punishment will vary from person to person depending on their criminal history.

While some will get off with minor penalties and setbacks, others may face actual jail time. Typically, judges prefer to sentence minor misdemeanor convictions with fines, community service, and probation, in lieu of incarceration. Fines can reach up to $5,000, and community service can range between 10 hours and over 100 hours, depending on the circumstances of the conviction.

You are NOT a Free Member of Society on Probation

Although probation is a tool used as an alternative to incarceration, a person is not technically a free member of society. Like all others, an individual on probation must adhere to all local, state, and federal laws; however, they must also obey a whole separate set of rules until their time is served. The rules of probation will vary from person to person depending on the nature of their conviction and criminal history.

Most often, individuals on probation are expected to remain in the state, maintain full-time employment, refrain from committing any further crimes, and stay out of contact with other convicted criminals. Those convicted of intoxication-related crimes will likely have to refrain from alcohol consumption, take drug and alcohol education courses, go to a victim impact panel, and even have their drivers’ license suspended.

Probation Officers are the Real Deal So Take Them Seriously

In all cases of probation, a person is assigned a “probation officer” who has the role of overseeing their case and supervising their progress. This is a real officer of the court who will request mandatory check-ins, usually month to month, or every other month, during which they may implement a routine drug screening and ask questions regarding their rehabilitation.

Any changes that may occur during a person’s probation period must be communicated with their assigned officer, including addresses, phone numbers, employment, health, and more. They might even have to ask their officer for permission to travel outside of the city.

If a person breaks a rule of their probation, their officer will immediately notify the judge who originally sentenced them, and the person will face additional criminal charges. If this happens, it is possible for a judge to revoke probation privileges and impose jail time.

Are you currently facing criminal charges in Indiana? Or did you just violate your probation? 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.

Should I Plead No Contest if My Criminal Charge is Minor?

Posted on January 12, 2022 by admin

When facing criminal charges, minor or major, you will be required to make some serious decisions. Perhaps the most important decision you make is whether to hire a private criminal defense lawyer or accept a public defender to represent your case. Following your decision on legal defense, you will be expected to make many more. But the most important one at this point in the criminal process will be your final plea. Guilty and Not Guilty are pretty straightforward, but a no contest plea is a different plea approach that may be the best option for your case.

Continue reading to learn more about no contest pleas, how they differ from similar guilty pleas, and when you might benefit from it.

Plea Deal Lawyers Indianapolis Indiana 317-636-7514

A No Contest Plea is a Type of Guilty Plea

If you choose a no contest plea, it means that you are maintaining your innocence, while neither admitting to nor disputing the criminal charges. Also referred to as, nolo contendere, the phrase literally translates to “I do not wish to contend;” contend meaning to argue, resist, oppose, or challenge.

No contest pleas are similar to Alford pleas in that both do not admit guilt, but 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 no contest plea, a defendant is not admitting guilt nor claiming to be innocent.

Basically, a nolo contendere plea is an accepted alternative to pleading guilty or not guilty, both of which can render a separate risk of penalty. So, when would one use the no contest plea? The answer is complicated.

You Need a Private Lawyer

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.

Potential Advantages of Pleading No Contest

In most cases, no contest pleas are worked into a plea deal offered by the prosecution. It is rare for a defendant to opt for a no contest plea on their own accord. Not only are they complicated pleas frequently misunderstood, but most defendants want to plea not guilty. And a no contest plea is essentially a guilty plea.

Although they are a type of guilty plea, pleading no contest can be beneficial for you when facing criminal charges, especially if the prosecution is offering it in a plea deal. Most often, plea deals are used to bargain, 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.

The upside to this is that you can avoid jail time, save money on attorney and court fees, and protect your future liberties. You see, a no contest plea is a guilty plea, but it is not you admitting the guilt, so you are better protected down the line if a third-party wants to sue you in civil court. A no contest plea cannot be used in civil court as evidence of guilt.

Are you still unsure what you should do about your pending criminal charges? 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!

How to Keep Yourself Safe During a Cop Stop

Posted on January 5, 2022 by admin

From police brutality and abuse of authority to the BLM movement and beyond, cop stops have taken on a more serious stigma in recent times. If not careful, anyone may potentially be subjected to an unsafe cop stop. In just a few short moments, police encounters can evolve into dangerous and self-incriminating situations for those who are being detained.

Continue reading to learn how to keep yourself safe during a cop stop, plus who to contact in Indiana if you have been wrongfully charged with a crime or mistreated by law enforcement during an arrest.

Wrongful Arrest Lawyer Indianapolis Indiana 317-636-7514

Ways to Stay Safe During a Police Encounter

Whether you are being pulled over in your vehicle by a police officer on the road, stopped by a law enforcement official on the street for questioning, or visited by one at your house, there are plenty of Do’s and Don’ts to keep in mind in order to keep yourself safe from harm and undo arrest. Even if you are visiting the police station to be interviewed for information you might have on recent crime, it is important to utilize these tips for the same reasons.

What To Do During a Cop Stop

In the case of all police encounters, these are the top 4 most important things to do to keep yourself safe from harm or an unjust arrest:

☑ SHOW YOUR HANDS
☑ KEEP STILL
☑ STAY CALM
☑ BE PATIENT

Getting Pulled Over in Your Car

If you are getting pulled over by a police officer while driving, begin to slow down at a safe pace, then immediately pull over to the right side of the road. Remain in the driver’s seat until the law enforcement official approaches. Never attempt to get out of your car nor switch spots within the vehicle.

If the police officer asks to search your car, you can legally tell them no. They may search your car anyway; in such case, it is important to remain calm and continue cooperating. You can safely address this wrongdoing later on with an attorney by your side.

In the case that a police office suspects you have been drinking alcohol and wants you to take a breathalyzer or field sobriety test, if you do not comply, your drivers’ license will be automatically suspended for 6 months. This is an agreement you make when you register your vehicle with the state. If this happens, you have 10 days from the time of arrest to have it reinstated. If you miss the deadline, you may qualify for other possible drivers’ license options following a DUI.

Being Frisked By Police

When being searched and patted down by a police officer, it is important to demonstrate the top four key principles, which include keeping your hands visible, keeping still, staying calm, and being patient. You never want to resist when a cop is trying to pat you down or search you.

Being Visited at Your House By a Cop

If a cop decides to come by your home to question you or serve you, it is important to first ensure they are actually an official law enforcement officer. This is easy to do with a polite and simple request to view their badge. Never have an attitude with the police officer at your door.

You do not have to allow the police officer inside unless they have a search warrant. Be sure to check that it is a valid search warrant if a cop declares they have one. It is also recommended to ask another occupant (preferably an adult) within the home to join you as a witness to the encounter.

Getting Arrested During a Traffic Stop

In the case that you are being arrested after being pulled over by police, there are a few things you can do to ensure the best possible outcome in addition to the four key principles mentioned before. First ask the police office to lock your vehicle. The cops may allow you to do it yourself if you are cooperating and being polite.

Obey the police officer to the fullest extent but remain as quiet as possible. Try not to ignore them if they’re asking questions. You can simply state, “I am not trying to be rude, but I do not wish to speak until my lawyer is present.” Never resist or attempt to put your hands on a police officer during cop traffic stop. Simply remain calm and still. If you are minor, ask the police officer if you can call your parents.

Do you believe that you are wrongly arrested and charged with a crime in Indiana? Do you believe you were illegally mistreated during a cop stop? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What is the Punishment for Resisting Arrest in Indiana?

Posted on December 30, 2021 by admin

After the holiday season, there are many things we are trying to resist in the New Year, like confectioneries, milkshakes, and pizza pies. But when it comes to being arrested, resisting is not something that will help you reach your goals, no matter what they may be. If you are ever confronted by the police, whether in a routine traffic stop, street stop, or home visit, it is critical to your future and your freedoms to cooperate with the authorities to the fullest extent. Failing to cooperate with the instructions or requests of law enforcement can subject you to charges of resisting arrest. There are hefty penalties for such charges upon a guilty conviction, including fines and possible jail time.

Continue reading to learn what they are, plus what you need to do right away if you were just released on bond for a resisting arrest charge in Indiana.

Resisting Arrest Attorneys Indianapolis IN 317-636-7514

What is Resisting an Arrest?

You are guilty of resisting an arrest by law enforcement officials when you knowingly or intentionally use force to resist an arrest or interfere with a police officer while they are legally performing their official duties. A person can be charged with resisting an arrest if they behave this way toward a person who is assisting a police officer too.

Other forms of resisting arrest include:

By force, resisting or interfering with official court services or authorized criminal processes. An example of this would be resisting a search warrant being executed by police or disrupting someone being served with legal documents.

Running away from law enforcement after a police officer identifies themselves and orders the person to stop for questioning. Cops can legally identify themselves to citizens audibly, visibly, or by turning on their emergency lights and sirens.

Resisting Arrest Laws in Indiana

The laws surrounding the act of resisting law enforcement is found in Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1. Upon a guilty verdict, defendants may face several types of court-ordered penalties, including fines, community service, classroom education, rehabilitation, probation, ankle monitoring, and jail time.

The crime of resisting arrest is charged differently depending on the details and circumstances of the incident. Charges range anywhere between a Class A Misdemeanor to a Level 2 Felony.

Class A Misdemeanor:
Fines up to $5,000
Jail up to 1 Year

Level 2 Felony:
Fines up to $10,000
Jail up to 30 Years (Advisory Sentence of 17.5 Years)

Related Crimes One Might Be Charged With:

▶ Disarming a Law Enforcement Officer
▶ Refusal to Aid an Officer
▶ Escaping Law Enforcement

Because legalese is very complicated to comprehend, it is important to consult with a licensed criminal defense lawyer in Indianapolis to ensure you are fully educated on whatever charges you are facing in Indiana currently.

Are you looking for qualified criminal defense that can reduce or dismiss your resisting arrest charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

Can I Get Arrested for Threatening Someone?

Posted on December 23, 2021 by admin

We are likely all guilty of making threats from time to time. But threatening to run away from home or quit a job is a lot different than the type of threat that intimidates or harasses another. This type of threat is illegal. If you are wondering whether you could get arrested for threatening someone, the answer is, yes.

Continue reading to learn what constitutes an illegal threat, what penalties one may face if charged, and how to beat your criminal charges if arrested for the same offense in Indiana.

Extortion Lawyer Indianapolis Indiana 317-636-7514

Indiana Laws on Harassment and Intimidation

Here in Indiana, if you threaten somebody, you are breaking the law, even if you never make physical contact with them. The act of threatening somebody can be described as remarks or statements that intimidates or places another person in fear. The actual law surrounding these types of offenses are incredibly complex and require the consultation and guidance of an Indianapolis criminal defense lawyer. You can read the extent of these laws by reviewing IC 35-45-2-1 and IC 35-45-2-2.

Harassment

There are some legal differences between harassment and intimidation. Harassment generally consists of behaviors that pester, bully, alarm, or aggravate another. Examples of harassment include prank phone calls, as well as excessive, unwanted, or obscene text messaging, phone calls, voicemails, emails, and appearing at one’s place of employment or learning institution.

Intimidation

Intimidation can be described as forcing someone to do something against their will, such as deliver an advantage, pay up money, or turnover property. Acts of intimidation communicate a threat that places a person in fear of retaliation or harm, whether physical or economic. In Indiana, intimidation is charged as a Class A misdemeanor, but in more serious circumstances, it could be charged as a Level 6 Felony.

Intimidation can be charged as a level 6 felony if it involves a police officer, school employee, church staff member, probation department employee, community corrections department employee, hospital employee, or even a witness in a pending criminal case. Upon conviction, a defendant can be sentenced up to two and half years in jail. Intimidation by use of a deadly weapon Is charged as a level 5 felony which is punishable by up to 6 years in jail.

Extortion

One of the most serious kinds of legal threats in the criminal justice world is extortion, which is a felony charge no matter where you are in the United States. If you threaten or intimidate somebody for the purpose of gaining property, advantage, or money, you are committing the crime is extortion. One example of extortion is blackmail.

Do you want to avoid the maximum penalties for your intimidation charges in Indiana? 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.

5 Types of Probable Cause for DUI Traffic Stops

Posted on December 20, 2021 by admin

Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

DUI Lawyers Indianapolis IN 317-636-7514

Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

❶ Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

❷ Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

❸ Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

❹ Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

What Will Happen if I Get Caught With a Fake ID?

Posted on December 10, 2021 by admin

Fake identification cards, like drivers’ licenses and state I.D.’s, are a common ploy among minors, especially around college campuses. Although stigmatized as an age-old right of passage for late teens transitioning into life on their own, or just a silly, harmless thing that college students do, the truth is that getting caught with a fake I.D. can land a person in a lot of trouble; more trouble than they think.

Continue reading to learn the typical penalties and ensuing consequences for getting caught with a fake I.D. in Indiana, as well as who to trust for aggressive criminal defense if you are arrested on related charges.

Fake ID Lawyer Indianapolis Indiana 317-636-7514

Fake I.D. Crimes in Indiana

Many kids do not realize the long-term consequences of being caught with a fake drivers’ license or state identification card. They assume that any criminal activity that takes place in their life before the age of 21 doesn’t matter and will not have an impact on their future. But this is wrong. Those with a fake I.D. charge or conviction on their criminal record will be judged by both the government and future employers.

Not only does the crime of using a fake I.D. imply dishonesty, sneakiness, and lack of morals, but it also implies that a person has poor decision making skills and perhaps even impulse control issues. Employers will take one look at a criminal background check of a person who has been convicted of such an offense and immediately move onto the next candidate.

This can happen to a person their whole life when searching for employment; permanent records remain with you forever. A person convicted of such offenses can also forget about jobs in finance, technology, engineering, or related high-security fields.

Consequences for Using a Fake ID

The first and foremost consequence of using a fake I.D. in Indiana is arrest. Law enforcement can search you for reasons of their own, and if they find your fake, they will arrest you on the spot for Possession of False Identity (IC 7.1-5-7-3), False Statements of Age (IC 7.1-5-7-1), Furnishing False Evidence of Identification (IC 7.1-5-7-2), or Counterfeit Government Issued Identification (35-43-5-2.5), or a combination of these charges.

If you are caught by a bouncer or bartender, most likely they will just keep your fake or cut it up in front of you, and then let you go home; however, some will immediately notify a cop or security staff, who will then detain you and have you formally arrested. Excise police regularly conduct fake ID stings, generally targeting college students and campus areas.

If the judge and prosecutor believe there is enough evidence to charge you with Possession of False Identity, you will be formally charged, and a court hearing will be set for you. Possible consequences upon being convicted can range in severity depending on your criminal history.

Indiana Fake I.D. Penalties Upon Conviction:

Class C Misdemeanor
► Up to 60 Days in County Jail
► Up to $500 in Fines
► 1 Year Suspended Drivers’ License
► Permanent Marks on Driving Record

College students can also expect a notice of disciplinary action from their university, separate from their state or federal penalties.

Are you looking for a qualified crime attorney who can protect you against the maximum penalties for your fake ID charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. We can also help you seal or expunge your arrest records!