Top FAQS About Criminal Search and Seizures

Posted on October 8, 2021 by admin

Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.

Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.

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Frequently Asked Questions About Search and Seizures

Does Our Fourth Amendment Right Protect Us Against Illegal Searches?

The 4^th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.

Can a Cop Search My Property Without My Permission?

Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.

Can I Refuse or Resist a Search?

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4^th 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. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

How Do I Know if a Search Warrant is Valid?

There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.

Can a Cop Read My Text Messages and Mail?

Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.

Are you facing criminal charges in Indiana and wish to dismiss or reduce them? 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 charges!

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

Will My Kid Be Tried in Adult Criminal Court?

Posted on September 29, 2021 by admin

Although your teenager is still juvenile under the eyes of the law, they may not be tried as one if they are charged with a crime. Sometimes, juveniles end up in adult criminal court, where penalties are more severe and longer-lasting. If your kid has just been arrested and charged with a criminal offense in Indiana, you may wonder if they will be tried as an adult or a juvenile.

Continue reading to learn the top three ways a juvenile is tried in adult court and how to protect your child from receiving the maximum penalties for their Indiana criminal charges.

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Juveniles 16 Year of Age or Older May Be Tried as an Adult

Although a juvenile is a minor under 18 years old according to both Federal and state laws, in criminal cases, teenagers between the ages of 16 and 17 years old are those who would typically be considered for adult court; but only under specific circumstances.

Even the Supreme Court recognizes that juveniles are not yet matured, and do not retain the proper emotional intelligence or impulse control to fully understand the wrongfulness of their crimes, nor the foreseeable consequences.

For this reason, there are juvenile courts that are specifically tailored to juvenile criminal cases and juvenile rehabilitation. However, there are ways for prosecuting attorneys to treat juveniles like adults in adult criminal court.

A prosecutor’s office has three methods of doing this:

❶ Direct File – They can seek to directly file the juvenile in the adult court, which does not require any sort of juvenile court hearing for approval, nor does the judge have any say-so in the prosecution’s decision. In order for prosecution to directly file a juvenile’s criminal charges in adult court, the criminal charge must fall under IC 31-30-1-4. Examples of charges on this list include attempted murder, murder, rape, kidnapping, robbery with a deadly weapon, robbery that causes serious bodily injury, and carrying a gun at school without a license.

❷ Waive to File – IC 31-30-3 allows prosecution to seek to waive charged juveniles to adult court. This differs from a direct file procedure because the motion must be filed and adjudicated in juvenile court first. Also, judges to have discretion in the decision. The 3 kinds of waivers include Discretionary, Presumptive, and Mandatory waivers. The waiver chosen depends on the age and nature of criminal charge.

❸ Prior Successful Waiver/Subsequent Felony Charge – A prior successful waiver and subsequent felony charge is the third method of bringing charges against a juvenile offender in adult court, which is allotted under IC 31-30-1-2. If the juvenile is charged with a felony but was previously waived to adult court for a prior charge, prosecution will automatically file their new charges in adult court. However, if the juvenile’s new charges are on a misdemeanor level, and they were previously waived to adult court on felony charges, they will NOT automatically be turned over to the adult criminal justice system.

Hire an Indiana Criminal Lawyer for Superior Legal Protection

This information and Indiana Codes are confusing to anyone who is not well-versed in state and federal criminal law. It is vital to discuss all of your criminal charge and conviction concerns with an experienced criminal defense lawyer in Indianapolis. They have the knowledge and resources to navigate your kid’s criminal defense in a direction that minimizes their charges and subsequent penalties.

Are you looking for an aggressive and skilled criminal defense law firm for your daughter or son’s Indiana or federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 for professional criminal defense in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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Can I Get Immunity for Testifying Against Another Person?

Posted on September 21, 2021 by admin

When you are charged with the crime, your first thought might lean toward your Fifth Amendment right. What is your Fifth Amendment right? Well, under the United States Constitution, your Fifth Amendment right provides you with protection against double jeopardy, self-incrimination, and more. Under the 5th Amendment, a person cannot be tried twice for the same crime, nor can they be forced to testify against themselves. Lastly, it protects defendants against be deprived of life, liberty, or property prior to due process of the law.

So, how does your Fifth Amendment right relate to being granted immunity in a criminal case for testifying against someone else? Continue reading to find out.

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Testifying for Immunity in a Criminal Case

As a citizen of the United States, you are protected against self-incrimination. This means that you cannot be forced to provide information that directly incriminates yourself or respond in a way that will lead to the discovery of evidence that can potentially incriminate you. This is why you have the right to remain silent and the right to an attorney at the moment you are arrested and read your Miranda Rights. Although law enforcement and courts encourage you to tell the full truth and confess to the crimes you are guilty of, you cannot be forced by law to do so.

How does this relate to exchanging your testimony for immunity in your own criminal case? Well, sometimes prosecution will make a deal with a defendant who is suspected of particular crime or criminal activity by offering them immunity in exchange for testimony against another suspected criminal or crime leader. This prosecutor strategy is typically used with large drug trafficking and sex ring cases, or in criminal cases involving black market operations.

2 Types of Immunity

There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony.

Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony.

Who is Granted Immunity in Indiana?

In order to be eligible for immunity, you must have valuable information against another serious offender in Indiana. Furthermore, prosecution must believe that your information can help them bring about a case or serve as concrete evidence against said suspected criminal. Keep in mind that there are limitations and rules that go along with this type of legal arrangement. After all, immunity is more of an inventive for prosecution, who uses it as a tool to get what they want.

Once a person is granted immunity, they must testify in court against the person they have information on. If the person refuses to testify after being given immunity, they will be held in contempt of court. Furthermore, being granted immunity does not mean that a person is entirely cleared. Prosecution could later indict an immunized witness, so long as prosecution and law enforcement can prove that the case is based exclusively on evidence separate from the witness’s immunized testimony.

Being granted immunity in exchange for testimony in Indiana is rare. If you are facing minor criminal charges, it is not likely that prosecution will want your testimony unless you do have information on a serious criminal ring or offender in Indiana. It is important to speak with your Indiana criminal defense lawyer to understand your rights and best options for defense during the criminal justice process.

What Does Immunity Mean?

If a person is granted immunity in exchange for their testimony against another suspected criminal in Indiana, it means that the testimony they provide cannot be used as evidence to support further criminal charges or an indictment against them.

So, if a defendant admits to burglarizing a convenience store while testifying against another person, prosecution cannot file charges against them for burglary if they are giving their testimony in exchange for immunity.

In another example, if the defendant admits to fleeing the state while on parole, they cannot be charged with a parole violation afterwards if such confessions were provided during a testimony in exchange for immunity.

Are you currently facing criminal charges in Indiana but have no idea what to do? 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.

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What is Split Sentencing in a Criminal Case?

Posted on September 15, 2021 by admin

When a defendant is charged with a crime, and later found guilty of their charges, they will face sentencing by a judge. A defendant’s sentence will depend on several factors, all of which will further differ among jurisdictions. A common outcome for convicted criminals is a split sentence. Continue reading to learn more about split sentences, including eligibility standards, possible drawbacks, and more.

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How Split Sentencing Works

A split sentence is simply one sentence separated into two parts, namely serving as an alternative to an extended prison sentence. For instance, if a defendant is sentenced to jail time, followed by a period of probation, they are entering into a split sentence.

There are many assumptions as to why courts have adopted this form of penalization, some of which include jail overcrowding, trade and industry losses, and progressive movements in the judicial system. Regardless of the reason why it exists, split sentencing is a real possibility for many defendants convicted of a felony crime.

In most cases, a judge decides where to make the split between incarceration and probation on the basis of time. A convicted felon may serve 3 years in prison and 5 years on probation, while another may serve 6 months in jail and 2 years of probation. It all depends on various factors of a convict’s crimes, criminal history, and more.

On the other hand, some states set specific guidelines that judges must adhere to when splitting a sentence for a criminal. Take Alabama for example; in Alabama, if a defendant’s overall sentence is less than 15 years, a judge can order no more than 3 years of imprisonment. Once the convict is released from jail after three years, they must serve the remainder of their sentence on probation, which may or may not include house detention and monitoring.

Eligibility Requirements for Receiving a Split Sentence

Not every convict is given a split sentence. There are certain eligibility requirements, all of which are dependent on the criminal codes specific to each state. Continuing the example of Alabama, a convict who is found guilty of a sexual assault involving a minor is automatically ineligible from being granted a split sentence. Another common disqualification is the length of a convict’s overall sentence. Normally, a sentence exceeding 20 years is exempt from split sentencing.

Possible Drawbacks of a Split Sentence

There are several potential consequences of being handed a split sentence. Two of the most common drawbacks are not being given sufficient time served in jail, or the possibility of having the sentence revoked. Another drawback could be the inconvenience of probation. Some agree that stacking is a possible consequence of a split sentence, which refers to two or more sentences being served consecutively. Also, many states still consider a person a felon, even if they are granted a split sentence.

Do you want to avoid the maximum penalties for your state or federal 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.

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4 Ways Prank Calling Can Get You Arrested in Indiana

Posted on September 10, 2021 by admin

Most of us have pranked called a person or place of business once or twice during our childhood and adolescence. What seems like an innocent right of passage for a lot of kids and teens at sleepovers and birthday parties can actually get you in trouble with the law if you take it too far.

Continue reading to learn the top 4 ways prank calling can get you arrested in Indiana, and where to find the best juvenile criminal defense in Indianapolis.

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Harassment Laws in Indiana

The most likely criminal charge for prank calling is harassment, which can lie on a wide spectrum from minor to severe. Other possible criminal charges, depending on the particular jurisdiction, may include wiretapping, disorderly conduct, and even hate crime.

❶ Harassment – If you are prank calling a person or location in excess, whether every day or consecutively in one day, you could be charged with harassment. This is especially true for threatening or vulgar prank calls.

❷ Wiretapping – Wiretapping is the crime of recording phone conversations without the other person’s consent. Wiretapping is considered a serious offense in Indiana, and such exploitation can be charged as a felony in certain cases.

❸ Disorderly Conduct – Excessive or aggressive prank calling can also be deemed as disorderly conduct in the eyes of the law. The boundaries in which this criminal charge applies differs among Indiana jurisdictions, but in all cases, it can pose a penalty of fines and jail time.

❹ Hate Crimes – If prank calling involves the intentional targeting and harassing of a particular race, religion, or nationality, it can possibly be viewed as a hate crime and charged as such.

What Will Happen if You are Caught Committing Any of These Prank Call Offenses

In the case that your prank calls have crossed a line into illegal activity, one of two things will happen: an officer will show up at your location and physically arrest you, or you will be indicted, and a warrant will be issued for your arrest.

How to Protect Your Rights After Being Charged With a Crime in Indianapolis

A skilled Indianapolis IN defense lawyer can help you avoid the maximum penalties for your criminal charges including the most feared, jail time. Not only can jail cause you to lose time with your family and loved ones, but it also forces you to miss work, which can greatly jeopardize your employment and income.

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 Indianapolis IN criminal charges. We represent clients all throughout the state of Indiana.

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Can I Request a Motion to Suppress in My Criminal Case?

Posted on September 7, 2021 by admin

After being arrested and charged with a crime in Indiana, your main focus will likely be on defending yourself against such charges and avoiding the maximal penalties if ultimately convicted. The most effective way of achieving this goal is to hire a skilled Indianapolis criminal defense lawyer. As you and your trusted attorney dive deeper into building and impactful defense against your criminal charges, you are bound to come a common legal strategy known as a motion to suppress. Because being granted a motion to suppress can significantly improve the outcome of your case, you probably want to know more about it, including when it can be applied during your trial.

Continue reading to learn more about motions to suppress, and when your lawyer might decide to use it in your criminal case.

Facts About Motions to Suppress

A motion to suppress is a strategic defense tactic used to keep certain types of evidence unavailable during the criminal justice process. Basically, defense attorneys in Indianapolis will request a motion to suppress as an attempt to conceal evidence that can lead to a guilty conviction. Upon being granted a motion to suppress, even the strongest or most damaging evidence is prohibited from being interred as evidence in the criminal case. So, you can see why this can be such beneficial defense strategy.

When is a Motion to Suppress Granted?

It is very rare to be awarded a motion to suppress in criminal court because there are only a few circumstances that qualify for approval. If evidence is obtained illegally or is in violation of a defendant’s state or federal rights, a motion to suppress is usually granted on behalf the defense. If you were to be granted a motion to suppress, it would happen during your criminal trial.

How is Evidence Obtained Illegally?

There are many ways evidence can be obtained illegally, but the most common way this type of criminal injustice occurs is when a defendant’s first language is not English, and they were not given a translator at the time of their interrogation or criminal questioning. Another way evidence can be obtained illegally is if a defendant was intoxicated at the time they confessed to their suspected crimes. Having a mental disability can also be considered an illegal retrieval of evidence in the case of the confession or interrogation.

Are you currently looking for criminal defense, or believe that the evidence being used against you was obtained illegally? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense in Indianapolis, Indiana. Our esteemed criminal defense attorneys represent juveniles, minors, and adults all throughout the state of Indiana.

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Searching for Criminal Defense Lawyers in Indianapolis?

Posted on August 26, 2021 by admin

Here at the Law Office of David E. Lewis, we our seasoned criminal defense lawyers in Indianapolis can ensure you avoid the maximum penalties for your federal or Indiana criminal charges. Best of all, we also provide criminal record expungement legal assistance, which means we can help you clean up your criminal history too!

Continue below to learn why you should choose David E. Lewis, Attorney at Law, and his experienced Indianapolis criminal defense legal team, to represent your criminal case in Indiana.

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Choose an Indiana Criminal Defense Law Firm With Experience

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, or anywhere else in Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law and will represent you and your family as if it were our very own!

Whether you have just received a Notice to Appear in the mail, just been arrested as a suspect for a crime, or learned of an arrest warrant in your name, the Law Office of David E. Lewis has the assertiveness, knowledge, and experience to fight for your rights and gain better outcomes in Indiana courts.

Our proficiency doesn’t just come from school and books, it stems from hard-earned, hands-on experience representing clients over a course of several years. You can rest assure knowing that your case is in competent and caring hands. No matter how small or complex your legal situation may be, we will stop at nothing to fight your charges and get you a better-quality resolution to your case.

Our Indianapolis Defense Attorneys Represent All Criminal Cases

Our Indianapolis criminal defense attorneys skillfully represent most criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation (or parole) violation charges, and much more.

Furthermore, when you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern.

Are you ready to discuss how to reduce or dismiss your criminal charges or arrest warrants in Indiana? Contact us at 317-636-7514 to schedule a free initial consultation with a skilled Indianapolis IN criminal defense lawyer to determine the best strategies for defense pertaining to your individual charges and criminal history.

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Top Myths About Breathalyzer Tests

Posted on August 20, 2021 by admin

Whether it is a breathalyzer test or an intoxilyzer test, law enforcement knows that there is no way you can trick a breath-testing device. However, many drinkers mistakenly beg to disagree. There are several myths circulating through society about breathalyzer testing and how to pass a breath test after drinking alcohol; but believing these myths can and will get a person in trouble.

Continue reading to learn the top myths about breathalyzer tests, and how to protect yourself if you were recently charged with A DUI or OWI in Indiana.

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Breathalyzer Testing Myths and Misconceptions

Sucking on a Penny

For many decades now there has been a rumor going around suggesting that if you suck on a penny, you can pass a breathalyzer test. But this is very false. Furthermore, coins are incredibly unsanitary, so you should never put them in your mouth. Besides, if a police officer catches you with a penny in your mouth before they administer their breath test, it can be used against you by the prosecutor who may suggest that you knew you are guilty and were trying to conceal your intoxication.

Refusing a Breath Test

Many people believe that if you refuse a breathalyzer, law enforcement has no way to retrieve blood alcohol content (BAC) evidence against you, and therefore, cannot charge you for an intoxication offense. Not only is this completely untrue but refusing a breathalyzer when requested by law enforcement is a separate offense in itself and will immediately suspend your driver’s license for six months without any questions. Here in Indiana, when you register your vehicle, you automatically consent to breathalyzer testing, and agreed to driver’s license suspension in the event that you refuse one.

Drinking Vodka

There is a rumor that suggests that if you drink vodka over all other alcoholic beverages, the smell cannot be detected on your breath by law enforcement if you are ever pulled over or stopped for questioning. But this rumor is untrue as well. Any sort of liquor will have a distinct scent on a person’s breath, and when you’ve been drinking you become nose blind to the smell. Just keep in mind that officers are sober, which means they have a heightened sense of smell for things like liquor and marijuana.

Were you recently arrested for an intoxication 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!

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Use These 3 Tips to Avoid Being Pulled Over By a Cop

Posted on August 11, 2021 by admin

Nobody wants to be pulled over by the police, whether for a routine traffic stop or a drunk driving offense. To avoid being pulled over by police, there are some certain things you can do. Continue reading to learn the top three ways you can prevent yourself from being stopped by a cop, as well as what to do if you were recently pulled over and charged with an offense in Indiana.

Criminal Defense and Appeals Indianapolis IN 317-636-7514 — Criminal Defense Lawyers Indianapolis IN 317-636-7514

Your Rights During a Police Stop

Law enforcement officers are not permitted under law to stop just anyone they want at any time for no reason at all. They must have probable cause to stop and question a person for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges.

This violates our constitutional right against unreasonable searches and seizures. To arrest them, they must have probable cause or a warrant. So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors.

How to Be a Non-Target for Law Enforcement

As for pulling people over, law enforcement’s top priority is to ensure the safety of all drivers and passengers on the road. Mostly, they are looking for intoxicated drivers, drug traffickers, reckless speeders, and similar offenders. Whether you are doing something illegal or not, in order to avoid being arrested or cited for a traffic offense, follow these three important tips:

❶ Stick to Your Car’s Routine Maintenance Schedule

One of the most common reasons for being pulled over unexpectedly is for automotive defects like a dimmed taillight, broken turn signal, or some other type of illumination or equipment defect. In many cases, a minor traffic offense leads to additional officer suspicions, thus resulting in additional charges like DWI’s, drug possessions, suspended license, and more.

So, be sure to stay current on all scheduled car maintenance according to your car’s owners’ manual. This will prevent your vehicle from experiencing any sort of unanticipated equipment malfunctions or automotive defects that can lead police officers to pulling you over. For instance, if your head or taillights are not illuminated brightly enough, law enforcement will be inclined to pull you over insight you.

❷ Stay Compliant With All Local and State Regulations

It is also very common to be pulled over if your plates or driver’s license is expired, or if you have not renewed the license plate stickers. Furthermore, if the cop runs your plates and learns that your vehicle is not properly insured or registered, they will also pull you over. So, to avoid being pulled over for these minor infractions, it is wise to ensure that you are always in compliance with all local and state automotive regulations.

❸ Drive Mostly in the Daytime

If you restrict the majority of your driving during the daytime only, you can avoid being pulled over by police significantly. Not only can you see police officers better, but you can also see the roads better, which can reduce your chances of making any driving errors or traffic mistakes that bring attention to you.

Were you recently pulled over and arrested for a crime in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Our legal team specialize in DUI charges, drug possession crimes, drugged driving charges, and similar criminal traffic offenses. Consultations are free so act now and get started on your defense today!

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Top Indiana Criminal Law Facts Everyone Wants to Know

Posted on August 6, 2021 by admin

As a leading criminal defense law firm in Indiana that has been practicing for nearly 3 decades, we have heard almost every question in the book. But when it comes to the most frequently asked questions about criminal law and defense, there are a handful that certainly top the list. Continue reading to learn the top criminal law facts that everybody wants to know, and how to get protect yourself from the maximum penalties for your pending criminal charges.

Indianapolis Indiana Criminal Defense 317-636-7514

Indiana Criminal Law and Criminal Defense Facts

Whether you are somebody who lives in Indiana or simply passing through, it is important that you know these criminal law and criminal defense facts:

Law Enforcement Searches

Everyone wants to know the legalities surrounding law enforcement searches. The truth is, if law enforcement wants to search your house or car, you reserve the right to say no. However, if police have a valid search warrant for your house or other property, then you cannot decline. If this happens to you immediately contact in Indiana criminal defense lawyer for guidance.

Field Sobriety Testing

If a person is pulled over because they are suspected of driving under the influence of either alcohol, controlled substances, or drugs, the driver has the right to refuse a breathalyzer and field sobriety test. However, under Indiana law, if you do refuse either of these tests, your driver’s license is immediately suspended for six months. When signing your registration, you automatically agree to these terms. You will also face additional penalties if ultimately convicted of a DUI.

Suspended Licenses

Here in Indiana, is illegal to operate a motor vehicle driver’s license is suspended or revoked. If you are caught driving with a suspended or revoked license, not only will you be required to pay hefty fines, but you will also lose your driving privileges for an extended period of time.

Rights to Attorney Requests

When you are arrested in Indiana, you have the right to request to consult with an attorney before answering any questions asked by law enforcement or investigators. In fact, it is strongly encouraged to always speak with a criminal defense lawyer before agreeing to be interviewed by law enforcement. This entitlement has to do with your Miranda Rights.

Criminal Records

Many people assume that a criminal record is permanent, but not all criminal arrests, charges, and convictions have to be. Speak with a skilled and experienced Indianapolis crime lawyer who is well-versed in Indiana’s Second Law to learn your eligibility for criminal record expungement.

Juvenile Defense

Although contrary to common belief, juveniles can be tried as adults, and therefore be penalized like one. It is important to retain the services of a private criminal defense lawyer to avoid the situation, and to protect your child from being sentenced to the maximum penalties for their criminal charges.

Are you currently facing criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled criminal defense in Indianapolis, Indiana. We represent adults and juveniles.

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