What is the Indiana Implied Consent Law?

Posted on May 27, 2020 by admin

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

Indianapolis Drunk Driving Attorney 317-636-7514

Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI misdemeanor or DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

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

Attorney David E. Lewis Can Help You With Your Marion County Meth Charges

Posted on May 22, 2020 by admin

If you’ve just been released on bail for crystal meth charges in Marion County, Indiana, a licensed criminal defense attorney is your only chance at avoiding the maximum penalties for your meth charges. Fortunately, the Law Office of David E. Lewis is here to help you defend your Indianapolis drug crimes!

Continue reading to learn how Attorney David E. Lewis and his team can build you a strong and impactful defense to reduce or dismiss your meth amphetamine charges in Marion County.

Indianapolis Meth Crime Lawyer 317-636-7514

Meth Crimes DEMAND Aggressive Criminal Defense

If you were recently charged with possession or attempting to distribute meth, it is vital to hire a seasoned criminal defense lawyer with the skills to build you an impactful defense for the sole purpose of reducing or dismissing your charges, or entering into an alternative sentencing agreement. David E. Lewis, Attorney at Law, is your solution to avoiding the maximum penalties for drug charges. Regardless of where your meth amphetamine charges originate from, our esteemed criminal defense law firm can take on your case in Marion County, as well as, throughout all of Indianapolis.

We will work around the clock to ensure your rights are protected and your freedoms are preserved. You don’t want to go to jail, and we don’t want that for you either! Our top priority to avoid jail time. From there, we use every resource and defense in our power to aggressively fight your charges, and reduce your penalties as much as possible. You can potentially avoid heavier fines, extended probation and parole, community service, rehabilitation, and more.

We are a JUDGEMENT-FREE Law Firm

The Law Office of David E. Lewis is dedicated to providing personalized case assistance and legal defense in an environment free of judgement. We are in this profession to help clients get their lives back on track after being charged with a misdemeanor or felony drug crime. Meth amphetamine is a serious drug that can render infinite and permanent life consequences, which is why he is also here to provide clients with resources for addiction counseling and management.

Get in Touch Today to Start Building an Impactful Drug Defense

Call the Law Office of David E. Lewis at 317-636-7514 to discuss your recent meth charges in Indiana. He is the tough and experienced Indianapolis drug crimes lawyer that will stop at nothing to protect and preserve your constitutional rights. Not only does our law firm invest every ounce of effort we possess into obtaining better-quality outcomes for our client’s cases, we also help our clients get on a path to recovery and rebuilding their lives after a drug addiction or federal charge.

Important Laws That Pertain to Parents of Teenagers

Posted on May 18, 2020 by admin

With the growing technologies and social media platforms of today’s world, parenting a teenager is much different than it used to be. Then of course, you add in the fact that they are driving, hanging out with diverse groups of friends, and gaining a sense of individuality, all at the same time. All of these factors invite the possibility of certain risk. For this reason, as a parent or legal guardian of a minor between the ages of 12 and 17, there are some important laws that you must know and adhere to, in order to remain protected against certain liability and danger.

Continue reading to learn some vital laws that pertain to parents of teens.

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Underage Drinking Parties

You can be arrested if your teenager is caught throwing a drunken party and drinking alcohol on your property, whether you gave them permission or not. It is your legal responsibility to supervise minors and prevent them from breaking the law. You could be charged with Reckless Supervision, Contributing to the Delinquency of a Minor, and more. The same legal principles apply to teens smoking cigarettes or e-cigarettes, and doing drugs.

Kicking Your Teens Out of the House

Virtually all states prohibit parents and legal guardians from kicking their teenagers out of the house as a permanent arrangement. Unless a teenager is legally emancipated at 16 or 17, most states consider this act a crime of legal abandonment, and those found guilty can face convictions of child abuse and neglect of a dependent. If a child runs away, parents are still legally required to care for them and get them back home. If a teen runs off and joins the army, they are automatically emancipated, and parents face no legal consequences.

Car Accident Liability

If you allow your teenager to drive your vehicle without proper permits or licensing, you can be arrested and charged with the same types of charges for kicking your teen out of the house, including child neglect. Furthermore, if your teen gets in a car accident and injures another driver or their passengers, you can be held liable in civil court for their damages and losses.

School Attendance and Truancy

Teenagers get to a certain age in which they feel more independent and empowered. In such cases, they may begin to refuse to go to school or show up for class on time. But as a parent or legal guardian, you must do everything in your power to get your child to school, on time, and regularly, otherwise, you can be in violation of local and state school policies if your teen exhibits habitual truancy.

Facing Similar Child Neglect Charges in Indiana?

If you do not already have a licensed Indiana child abuse criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana child abuse or reckless supervision charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

How Do Proffer Agreements Work in Federal Criminal Law?

Posted on May 13, 2020 by admin

When a defendant is facing criminal charges on a federal level, they may benefit from a legal contract known as a proffer agreement. Continue reading to learn what a proffer agreement is, how it works, and when you might need one as a defendant in a federal court.

Proffer Agreement Basics

Law enforcement agents are required to interview, or interrogate, defendants in a federal case for the purpose of getting them to admit guilt and divulge all the information they related to the crime. Often times, defendants use this opportunity to get a reduced sentence for themselves. They assist the law enforcement agency and the U.S. prosecuting attorney in convicting other defendants in the criminal case or community by providing substantial and incriminating evidence in the form of information, video, documents, records, emails, testimony, and more.

However, this arrangement tends to cause anxiety for both the defendant and their legal team because they fear this information can be later used against them at trial to worsen their conviction and subsequent sentence. This is where proffer agreements come into play. A proffer agreement is a written, limited-immunity indenture between a defendant and a prosecutor that decrees any statements made by the defendant to law enforcement agents may not be used by the prosecutor to their detriment later on, so long as their statements match what they tell the jury at trial.

Reducing Your Criminal Sentence With a Proffer Agreement

Your eligibility for entering a proffer agreement with the United States prosecuting attorney depends on various factors. For instance, defendants charged with violent crimes are not qualified for limited-immunity arrangements. Furthermore, if your criminal case starts and stops at you, law enforcement and prosecution would have no need for further evidence or information that would incriminate others in your case.

Your best source for learning more about reducing your criminal sentence is a local and trusted criminal defense lawyer. They have the knowledge and resources to discuss your charges in a language you can understand, and build a defense that will help you avoid the maximum penalties for your criminal charges.

Who to Trust for Skilled Federal Criminal Defense in Indiana?

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a felony crime in Indianapolis or within the Central Indiana counties. Our law firm offers aggressive and experienced federal criminal defense for anyone facing felonies in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Frequently Asked Questions About State and Federal Crimes

Posted on May 8, 2020 by admin

There are two main levels of judicial court in the United States: Federal and State. Although the two courts are much different from one another, there are several key similarities too. If you are currently facing criminal charges, you need to know what state and federal court does, and how it might impact your case. Below, you will learn some fundamental information about state and federal offenses, including how to avoid the maximum penalties for your misdemeanor or felony charges.

How Does Federal Court Differ From State Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Types of Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Should I Hire an Attorney to Represent My Criminal Case?

The best step you can take toward securing your rights and protecting your freedoms when charged with a crime is to hire a licensed criminal defense lawyer to represent your case, whether you are facing a felony or misdemeanor conviction. Without the representation of a skilled criminal attorney, you greatly risk being sentenced to the maximum levels of punishment for your crime. That includes doing time in jail, which can greatly affect your employment, schooling, childcare, and more.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. If you want to avoid the maximum penalties for your criminal charges, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Indiana Incarceration Times for Misdemeanor and Felony Convictions

Posted on May 5, 2020 by admin

Your first priority after being charged with a crime is to contact a lawyer and schedule a consultation to discuss your case and learn your rights. This consultation will also help you understand how to protect yourself during the criminal law process. Additionally, your next priority, aside from obeying the law, is to learn as much as you can about your potential charges. Some criminal convictions come with a sentence of jail time, while others do not.

Continue reading to learn what the current incarceration schedule is for all misdemeanor and felony convictions.

Factors that Impact the Probability of Incarceration

There are several factors that determine whether or not an offender will be sentenced to jail time after being convicted of a crime. The most impactful factors are the severity of the crime, the offender’s criminal history, and whether or not the offender is a threat to themselves or the surrounding community. See our blog, “Factors That Affect Jail Sentences” to learn more about what might influence a judge or jury to recommend incarceration. These same factors, and more, will also influence the type of jail or prison an offender will be sent to, following a conviction of incarceration.

Incarceration Sentencing Statutes for Indiana

Murder → 45 Years in Jail – Death

Level 1 Felony → 20 – 40 Years in Jail

Level 2 Felony → 10 – 30 Years in Jail

Level 3 Felony → 3-16 Years in Jail

Level 4 Felony → 2 – 12 Years in Jail

Level 5 Felony → 1 – 6 Years in Jail

Level 6 Felony → 6 Months – 2.5 Years

Class A Misdemeanor → 0 – 1 Year in Jail

Class B Misdemeanor → 0 – 3 Years in Jail

Class C Misdemeanor → 0 – 30 Days in Jail

If you were just charged with a crime, take comfort in the knowing that there is a skilled criminal defense attorney nearby, ready to fight for your rights!

Where to Get Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

The Importance of Witness Depositions in a Criminal Case

Posted on April 29, 2020 by admin

One of the most important strategies to be skilled at as a criminal defense attorney is attacking the prosecution’s case against their client. After all, the whole purpose of hiring a private defense lawyer is to avoid the maximum charges and penalties. One way a skilled criminal defense lawyer will do this is through witness depositions. As someone facing criminal charges, you might not think twice about the influence and effect of your case’s depositions. But the truth is, they are vital to the overall protection of your rights and preservation of your freedoms.

Continue reading to learn some facts about depositions, including why they are so important in a criminal case.

Deposition Lawyer Indianapolis Indiana — Deposition Lawyer 317-636-7514 Indianapolis Indiana

Testimonial Evidence

There are two main types of evidence submitted in a criminal defense case, both of which are equally important: physical evidence or testimonial evidence. During the discovery process, the state submits all evidence they intend to use against the defendant. This evidence can be either physical, testimonial, or both. However, often times the state lacks sufficient physical evidence, and therefore, heavily relies on any eyewitness testimony they can get their hands on. For this reason, witness depositions are very critical to the defense’s case as well.

Witness Depositions

Depositions are witness statements given under oath; the same oath anyone would take at trial or before taking the stand in court. It is a legally-binding oath that can render legal consequences if broken. Anyone who lies under oath commits the crime of perjury, which can be charged as a felony offense. Most often, depositions take place in a conference room, rather than a courtroom. Parties present during a deposition include the defense lawyer, the eyewitness, the prosecutor, and a court reporter.

Criminal defense attorneys want to make sure that the witness is credible, and will do so by conducting a series of questions during the deposition. Not only does this give a criminal defense lawyer insight on how the eyewitness might behave on the stand, it also allows them to learn the subject matter of their testimony, which in turns gives them a head start on developing a defense to attack the credibility of the witness at trial.

Credibility in Court

When an eyewitness takes the stand, their statements are not the final word. Judges and juries must find that the witness is credible, and will do so by considering various factors, such as:

✏ Their behaviors while testifying.
✏ Their relationship with the involved parties.
✏ Their personal interests, biased opinions, or prejudices.
✏ Their ability and opportunity to witness the crime.
✏ Their overall knowledge, maturity, and life experience.

Are you preparing to be a witness at trial? Read our blog, “Proper Conduct for a Trial Witness” to learn what you need to know.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

How to Meet With Your Criminal Lawyer for the First Time

Posted on April 21, 2020 by admin

Most people, especially first-time offenders, are very nervous about the initial meeting with their criminal defense attorney. After all, these are the meetings that set the tone for the rest of the legal process. This anxiety often leaves clients asking a lot of questions, like “What can I expect?”, “What am I responsible for?”, “What do I ask my lawyer?”, “What do I bring with me?” So, if you are preparing to see a criminal defense lawyer for your pending charges, you might be asking these very same questions right now.

Continue reading to learn everything you need to know about meeting with your criminal defense lawyer for the first time.

What to Expect at Your First Meeting

Your first meeting with your criminal defense attorney is simply a consultation. That means it will not be as long as your future meetings, nor will it entail a detailed analysis of your criminal charges and defense strategies. Instead, your initial appointment will be more like a meet and greet, in which you will get a chance to get to know your lawyer more, including their hours, pricing models, objectives, lines of communication, and more. You will also get the opportunity to discuss your case and the main facts surrounding your potential penalties and defenses. Most importantly, this meeting will be used to schedule out the rest of your meetings, including a timeline of events.

What to Bring With You

When preparing to meet with your attorney, you will need to ensure you do your part by bringing the proper materials with you. This includes all paperwork you received from your arrest, charges, jail stay, bail, and more. In addition to these documents, you will also need to bring a valid state identification or driver’s license, and a notepad for taking notes. These are the most important items to have ready when meeting with your criminal defense lawyer.

What to Ask Your Lawyer

In addition to relevant legal documents and identification, you want to also prepare yourself with a list of questions to ask your lawyer. During your initial consult meeting, you will want to address some important topics regarding legal costs, such as lawyer fees, payments, retainer agreements, billing practices, and any other anticipated legal costs. Your attorney will be able to clearly and concisely answer all of your questions regarding billing. After deliberating these topics, it is helpful to discuss what happens next in your case. This will allow you to prepare for your case and follow through with any instructions or advice your lawyer has given you.

Where to Find a Skilled Defense Attorney in Indiana

If you do not already have a licensed criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Frequently Asked Questions About Reporting for Jury Duty

Posted on April 15, 2020 by admin

For anyone who has faced the request for jury duty, or has wondered how it works, this is the article to read. Below you will find a series of the most frequently asked questions about juries, jury duty, and more. If you are concerned about a recent jury duty request, or have missed your jury duty appearance, contact a trusted criminal defense lawyer for advice on what to do next. In the meantime, read the questions below for answers to your initial jury duty inquiries.

What is the Age Requirement for Jury Duty?

The national age requirement to be an eligible federal court juror is 18 years old. Those over 70 years of age may request to be excused from jury duty.

How Did the Courts Get My Information?

It varies from state to state. Check with your county clerk’s office for information about how your city gets your information for jury duty. For example, in Indiana, they use the State’s voter registration and Supreme Court’s Jury List to find prospective jurors.

Is Jury Duty Mandatory?

Yes, jury duty is mandatory and you must attend; however, it is not technically illegal for someone to fail to appear, so there are no criminal consequences.

What Happens if I Fail to Appear for Jury Duty?

If you fail to appear after receiving an official summons, there are no legal consequences or penalties; instead, you will simply be placed back into the jury pool for future selection.

What Happens if I am Unable to Make My Jury Duty?

In the initial questionnaire (Juror Qualification Questionnaire), you are not yet being summoned. The actual summons will come at a later date, after the second questionnaire. When you get the second questionnaire (Federal Court Jury Service Questionnaire), you can list the dates you are unable to serve in Part 1, Question #7. If you are unable to serve the majority of the one month term requested, you will need to fill out a hardship request form. If you cannot serve because of a medical condition, submit a Physician’s Statement with your initial questionnaire (Juror Qualification Questionnaire).

What is the Difference Between a Trial Jury and a Grand Jury?

Grand juries are different from trial juries because they are assembled in order to determine whether or not there is enough probable cause to persecute. They do not rule on guilt or innocence. In fact, grand juries only hear arguments from the prosecution, not the defense.

What Kind of Case Will I Be At?

Most cases are civil, but you may be at a criminal case. You won’t know anything until the juror introductory assembly.

I Served Jury Duty in a County Court Already. Why Am I Called for Jury Duty Again?

You must also serve in a federal court. Then you are exempt from jury duty.

I Already Filled Out a Questionnaire. Why Do I Have to Fill Out Another?

Sometimes the Federal Court Jury Service Questionnaire comes months after the Juror Qualification Questionnaire. And since your information could have changed in that time, they send a second questionnaire to confirm accuracy.

I Filled Out the Questionnaire, But I Forgot to Send it in Within the 10-Day Deadline. What Do I Do Now?

Just send it in as soon as possible. The courts understand people go out of town, vacation, or have other circumstances in their life, so there is no penalty, you will just be on a waiting list.

Get Trusted Legal Advice For Your Indiana Criminal Charges

Can I Get Arrested For Not Paying My Taxes?

Posted on April 10, 2020 by admin

Tax Day is soon approaching, whether you are ready for it or not. Fortunately, with the recent government extensions granted to United States citizens, you will likely be well-prepared to pay your dues. But what happens to those who do not? After all, the old saying, “the only two things promised in life are death and taxes” is an adage for a reason. There are various consequences for failing to pay state and federal taxes, and similarly, consequences for lying on tax documents.

Continue reading to learn the laws surrounding tax crimes, including what to do if you have legal questions regarding your tax situation.

State and Federal Tax Fraud in Indiana

Intentionally not paying or under-paying your taxes, whether state, federal, or both, is a white collar crime in Indiana. Referred to as tax fraud or tax evasion, it is generally charged as a Class A Misdemeanor or Level 6 Felony.

⏩ Class A Misdemeanor – Up to 1 year in jail, with no advisory sentence. Fines up to $5,000, not including court or lawyer fees.

⏩ Level 6 Felony – Six Months to 2.5 years in jail, with an average of 1 year. Fines up to $10,000, not including court or lawyer fees.

Made Some Mistakes on Your Tax Documents?

Do not worry if you unknowingly made some errors on your tax documents. Tax mistakes are not considered tax fraud unless they are egregious or intentional.

Lying on Tax Forms

Often referred to as “cooking the books” in old gangster movies, lying on tax forms for the purpose of evading dues, defrauding the state, or receiving pecuniary benefits, is a very serious white collar tax fraud crime. It is charged as a Level 6 Felony, which is penalized by six months to 2.5 years in jail, with an advisory sentence of 1 year, and fines up to $10,000, not including court or lawyer fees.

Restitution or Jail?

In minor cases, or cases of first time offenders, courts might agree to do away with jail time if a defendant pays back the money they owe, plus any fees tacked on for late payment. Paying back taxes is referred to as restitution, and it is a common plea deal awarded in court. In order to be given the option of restitution over jail time, you must have a skilled criminal defense lawyer working your case. Otherwise, you are subjected to being sentenced to the maximum penalties for your crime.

Trust an Experienced Indiana Fraud Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana fraud charges, today. Whether charged with fraud or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!