The Harsh Realities of an Indiana Conviction

Posted on December 20, 2019 by admin

There are various outcomes that can result from being convicted of a crime. In fact, the broad range of potential collateral consequences after being found guilty of misdemeanor or felony is so vast and variable that every single criminal case is different. No two criminal cases are ever alike regardless of how similar they may seem. Accordingly, there is a very real possibility that such consequences can stick with the person for life. If you are currently facing criminal charges, whether just arrested or already indicted, it is important to learn how to protect your rights and preserve your freedoms considering just how harsh the realities of Indiana conviction can be.

Continue reading to learn exactly what an Indiana conviction might mean for you, and what you can do to begin building an impactful defense to protect yourself from such consequences.

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Felony Convictions

Felonies are divided into 7 levels in Indiana. Level 6 felonies are the least serious and commonly referred to as “wobblers” because they can usually be decreased to a misdemeanor charge. Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 1 and 2 felony crimes are the most serious levels, excluding murder. Murder is the most serious felony offense a person can commit, and is in its own category.

Misdemeanor Convictions

Misdemeanor crimes are lesser offenses compared to felonies, but are 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. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious.

Consequences of Having a Criminal Record

When a person has a criminal record, it can create a downhill spiral of consequences for life. Whether a person was arrest, convicted, or both, a record will hold them back from certain benefits and advantages in normal society. Taking out a bank loan, applying for a job opening, renting an apartment, and more can create obstacles for someone who has been arrested or convicted of a crime. The good news to counter all of these negative consequences is that a person can now have their arrest and conviction records expunged in certain states. See our blog, “Basic Information About Record Sealing and Expungement in Indiana” to learn how to clean up your criminal record.

How to Protect Yourself From a Conviction

If you are facing criminal charges, you need to hire a seasoned and aggressive Indiana criminal defense lawyer who can protect your rights and preserve your freedom, and obtain the best possible outcome for your case. Without a lawyer on your side, you have a severe and massive risk of being sentenced to the maximum penalties for your criminal charges, including major fines and long-term jail time. See our blog, “How to Hire a Criminal Defense Attorney” to learn some tips for obtaining legal counsel.

Indiana Criminal Defense You Can Trust

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney 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. Our law firm also offers legal services for appeals and expungement.

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

Common Courts of Law and What They Do

Posted on December 11, 2019 by admin

There are 3 branches of law, but various legal fields and accordingly, different types of courts. If you are preparing to enter into a litigious endeavor, whether if facing criminal charges, being sued in civil court, or something else, you should educate yourself on the type of court you will be in. Continue reading to learn some of the most common types of courts of law, and where to get more information regarding your legal issues.

Small Claims Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters. The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system.

District Court

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and hand down penalizations. District courts cover ninety four different geographic regions within the United States, including linked territories like Guam, the Virgin Island, Puerto Rico, the District of Columbia and the Northern Mariana Islands.

Although reserved for federal cases, there are some states, such as Florida and Texas, which refer to their state-level court systems as “district” courts. In a district court, a single judge resides over a case. Federal cases are first sent through the district court system, and then work their way up the judicial system depending on the outcome in district court. After a case is ruled on, the verdict can be appealed in appellate court, otherwise known as the circuit court system.

Circuit Court

Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system. Rather than handing down sentences and penalties, they oversee appeals on federal cases. Circuit courts exclusively cover thirteen administrative regions within the United States. In a circuit court, a panel of judges (usually 3) reside over a case, and then rotate through each of the 13 regions in the “circuit”, hence the name. Since only about 1% of cases are accepted and seen by the Supreme Court, circuit courts basically set legal precedent.

Appellate Court

An appellate court is also known as the Court of Appeals, where verdicts are appealed. Appellate courts will take one of three actions: affirm, vacate, or modify. Typically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires appearing in court. In place of you appearing in court during this time of review, the appeals court can set your case for “oral argument”, meaning your lawyer can verbally argue your case in front of the judges.

Are You Facing Indiana Criminal Charges?

If you do not already have a licensed Indiana 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 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 is no out-of-pocket obligations to you.

How Can I Get a Job if I Have a Felony?

Posted on December 3, 2019 by admin

People make mistakes. But this is what makes us human. Fortunately, we also have the ability to learn from our mistakes. Perhaps this is the reason why the law gives past offenders an opportunity to clean up their criminal record for the purpose of achieving a better quality of life. If you have a felony charge or conviction on your criminal record, it will certainly have an impact on your day to day life, as well as your long-term goals. Not only will your employment opportunities be affected, your personal life, such as child custody, dating, and social groups, can also be affected in some way or another.

Whether you were recently convicted, convicted years ago, or currently facing felony criminal charges, you may have some options to protect your rights and preserve your freedoms when it comes to employment and much more. Continue reading to learn what you can do to get a job with a felony looming around on your personal record.

Felony Criminal Defense Lawyer 317-636-7514 — Felony Criminal Defense and Expungement Lawyer 317-636-7514

Getting a Job as a Felon

If you have a felony conviction on your criminal record, getting a job can be tough. Unless you start your own business from the ground up (which by the way is a great idea and highly viable for past felons), or work in the fast food industry, your options for employment can be severely restricted. Fortunately, you might qualify for criminal record expungement, which can make all these job obstacles disappear.

Felony Criminal Record Expungement

Here in Indiana, a law was recently passed that gives certain relief to those with a criminal record. These laws are known as Indiana Second Chance laws, and they allow those who qualify to have their criminal records sealed or destroyed from public records. It is Indiana’s first comprehensive criminal record expungement law.

Once criminal expungement is granted to a person, the criminal record is removed from court files, police records, department of correction files, drivers’ license branch files, substance abuse counselor records, and more. Additionally, it is ILLEGAL FOR ANY INSTITUTION OR EMPLOYER to suspend, expel, refuse employment, deny permits or licenses for occupational or professional activity, or discriminate in any way.

Qualifying for Expungement

Although this is a significant opportunity that will open several doors for the previously convicted, not all applicants will qualify because there are various stipulations. Furthermore, and for obvious reasons, there are several felony convictions that cannot be expunged in Indiana. These charges include, but are not limited to, the following:

☒ Murder
☒ Sex Crimes
☒ Reckless Homicide
☒ Manslaughter
☒ Human Trafficking
☒ Assisting or Causing Suicide
☒ Registered Sex Offenders
☒ And More

Felony Criminal Defense and Expungement in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about felony expungement in Indiana, and for Indianapolis felony criminal defense you can trust. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

What Will a Public Defender Do?

Posted on November 27, 2019 by admin

If you were recently arrested for a crime, and now you are considering using a public defender as your legal counsel, it is important for you to know what to expect if you choose a court-ordered attorney. Continue reading to learn what a public defender is, what they do, and what to expect when being represented by one.

Court-Appointed Attorneys

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a “first choice” for someone facing serious criminal charges.

Choosing a Public Defense Lawyer

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty’ or ‘not guilty’ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

If a defendant replies yes to a public defender, one will be appointed to them for the duration of the arraignment only, or until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

Why Private Lawyers are Best

Public defenders have a much heavier caseload compared to private lawyers. This means they do not have very little time to spend on each individual case. For this reason, it can be risky working with one. If you are facing criminal charges and possible jail time, you want to invest in an attorney who can dedicate 100 percent of their time and attention building a defense against your charges. They are the professionals who can afford to put time into protecting your rights and preserving your freedoms.

Questions About Your Indiana Criminal Case?

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your Indiana criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

Facts About Violating Probation in Indiana

Posted on November 22, 2019 by admin

If you are facing minor criminal charges in Indiana, it is very likely that the judge will order you to probation in lieu of jail time. Although this is one of the best possible outcomes in a criminal case, probation is still a strict, government-mandated, court-monitored program that should be taken very seriously. There are many rules and limitations that an individual is subjected to while on probation, all of which can lead to severe penalties if violated in any way. These are known as probation violations, and they are not something you want to do.

Continue reading to learn more important facts about probation violations in Indiana, including the best way to avoid the maximum penalties if you violate your probation.

Probation Violation Basics

After a person is found guilty of an offense in Indiana, they may be placed on probation for a temporary period of time in order for the state to supervise them and ensure they do not continue to commit crimes. Probation is a serious legal obligation that requires a person to follow a strict set of rules handed down by the courts. This includes terms like refraining from illegal activity and maintaining employment.

If a person fails to abide by all the terms of their probation, they are committing the crime of violating their probation. If this happens, they can be arrested, detained, and charged with violation of probation. If the probation violation doesn’t happen in front of police, then a warrant or Notice to Appear is issued for them, and they will be forced to stand before a judge and face additional criminal charges. A person needs a competent and experienced probation violation lawyer to effectively protect their rights and avoid maximum sentencing. See our blog, “What is a Notice to Appear?” to learn more about penalties surrounding missed court dates.

Terms of Probation

The first element you should know about probation is the importance of obeying all the rules. There is a long list of rules and restrictions while on probation, all of which must be adhered to 100% or severe legal and financial consequences will follow. Depending on the county of your conviction and probation, the rules will vary. However, all jurisdictions enforce the general requirements of probation.

On probation, you are legally required to:

✤ Obey all laws and refrain from all further criminal activity;
✤ Satisfy all court-ordered penalties, like community service, fines, rehab, etc.;
✤ Be present and on-time for all probation meetings with their assigned probation officer;
✤ Refrain from all alcohol and drug use;
✤ Take and pass all drug screenings on the date they are scheduled;
✤ Remain in the state;
✤ Maintain full-time employment;
✤ Immediately inform probation officer of address and job changes;
✤ And much more!

Indiana Criminal Defense for Probation Violations

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges 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!

Possible Criminal Defense Strategies to Beat a DWI

Posted on November 18, 2019 by admin

Were you or a loved one just arrested and charged with some version of a DWI? If so, it is important to get started on your legal defense as soon as possible, especially if the circumstances of the arrest might get you out of trouble with the law. How do you expect to beat a criminal charge for driving while intoxicated? The answer is by obtaining a skilled and aggressive criminal defense attorney.

Continue reading to learn some of the most common and effective defense strategies a lawyer might use to fighting a drunk or drugged driving charge.

Don’t Fall for Old Wives’ Tales

There are many false assumptions and mentions on how to beat a DUI conviction, but the only real way to get your charges dropped or dismissed is by building a strong and impactful defense. The most common DUI defenses include improper police stops, improper field sobriety test protocol, medical conditions, Miranda right violations, and introduction of evidence at trial.

Improper Police Stops

Unless police had a reasonable suspicion that you were conducting criminal activity, they are not legally allowed to pull you over. A simple instinct or gut feeling is not enough to pass as reasonable suspicion. If police stops or pulls someone over illegally, any evidence gained is inadmissible. Police can legally pull you over for vehicular malfunctions, like a broken tail light.

Improper Sobriety Test Protocol

All police are required to adhere to strict protocols when testing a citizen’s sobriety in the field. These field tests have predetermined procedures that cannot be veered from. If police do not follow these protocols precisely, the evidence gained during a field test would be inadmissible in court.

Medical Conditions

One of the most common and effective defenses against DWI charges is proving a relevant medical condition, such as those that might give off the appearance of intoxication or distort the results of a roadside breathalyzer test. This might include epilepsy, diabetes, anemia, neurological problems, and exhaustion.

Miranda Right Violations

According to our Constitutional rights, police must inform all suspects under arrest that they are officially being arrested and are not free to leave. Furthermore, police are required by law to inform the arrested suspect of their rights, including their right to remain silent, their right to a lawyer, and more. If an officer fails to do this, it is considered a violation of your Miranda Rights.

Civil Procedure Violations

A DUI defense strategy that has worked well for many defendants doesn’t come into play until the day of trial. If evidence or state rules of civil procedure are violated in any way, a case can be dismissed. This might include improper character evidence, hearsay, and unauthenticated documents.

Contact a DUI Criminal Defense Attorney Today

Call 317-636-7514 to discuss your recent DUI arrest with aggressive Indianapolis DUI defense attorney, David E. Lewis. He 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 drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Possible DUI Penalties for Commercial Drivers

Posted on November 13, 2019 by admin

Getting charged with a DUI is serious enough in Indiana. But for those who operate a commercial motor vehicle (CMV), especially those arrested on the clock, will likely face a much higher degree of penalties. If you have a CDL, and you were recently charged with drunk or drugged driving, it is important to prepare yourself for the possible consequences if ultimately convicted.

Continue reading to learn how commercial DUI’s are charged and penalized in Indiana, as well as, how to protect your rights, including your drivers’ license and employment status.

Commercial Driver DUI Lawyer 317-636-7514

Commercial Motor Vehicle (CMV) DUI Penalties

A commercial drivers’ license (CDL) is a privileged license only imparted to those who have proven to have adequate knowledge and skill of driving commercial motor vehicles (CVM). If a commercial driver is charged with a DUI, there are additional consequences on top of the standard DUI penalties a person would normally face. Overall, commercial drivers stand to lose their CDL’s temporarily or permanently based on the number of “major” violations they are suspected of committing.

Most Serious CMV Violations:

⇒ Under the Influence of Alcohol or Controlled Substance
⇒ BAC of 0.04% or Higher
⇒ Refusing a Chemical Test
⇒ Using a CMV to Commit a Felony
⇒ Leaving the Scene of an Accident
⇒ Causing Death or Serious Bodily Injury
⇒ Operating a CMV on a Suspended or Revoked CDL from a Prior Offense
⇒ Using a CMV to Transport Controlled Substances (Lifetime CDL Suspension)

Commercial Motor Vehicle DUI Defense

Keep in mind, your Indianapolis criminal defense lawyer only has 10 days to spare your commercial drivers’ license after a drunk driving arrest. So it is vital that you act fast. As soon as you are released from custody, contact your DUI defense lawyer so they can get started on your defense immediately.

Aggressive Commercial Driver DUI Defense in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis commercial motor vehicle DUI defense lawyer, David E. Lewis. He 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 drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

3 Circumstances That Do Not Allow a Pre-Trial Release

Posted on November 8, 2019 by admin

Monetary bail is used to maximize the likelihood of a defendant’s presence in court, ensure a defendant’s right to remain innocent until proven guilty, and for general public safety. However, when a court believes that a defendant does not pose a threat to themselves or to the public, nor poses any flight risk or re-offense, the court mat decide to release them from jail without the obligation to pay for bail or surety.

This is known as a pre-trial release, and they are significant to the local community in many ways. Continue reading to learn more.

Pre-trial releases sanction trial judges to release arrestees sooner, which provides defendants a load of opportunities they would otherwise not have. Since defendants get to avoid jail, they can get straight back to their lives, such as work, school, and family. This lets them keep their employment, continue making money, tend to the needs of their children, avoid missed days at school, and much more. Furthermore, pre-trial releases reduce the overutilization of local jail resources, thus reducing state expenses.

Circumstances That Deny Pre-Trial Release

Not everyone will be granted a pre-trial release following an arrest. There are circumstances in which a court will not let an arrestee go, and instead, set their monetary bail. If a defendant falls into one of the three categories below, it is very likely that they will not be eligible for pre-trial release.

❶ The defendant is charged with murder or treason.

❷ The defendant is already on a pre-trial release that is not related to the current suspected offense that is the basis for the present arrest.

❸ The defendant is currently on probation, parole, or other form of governmental supervision.

If You are Not Eligible for Pre-Trial Release…

Even if you or your loved one was not granted pre-trial release privileges following an arrest, there is still the option of posting bail. In most cases, a judge will set an offender’s bail within a few hours, and always within 24 hours. If bail is not set, an arrestee must wait in custody until their scheduled court hearing. If bail is set, simply contact a local Indianapolis bail bondsman for a safe and secure release from jail using a bail bond.

Are You Facing Indiana Criminal Charges?

The Difference Between Voluntary and Involuntary Manslaughter

Posted on November 4, 2019 by admin

When facing manslaughter charges, the various details of your offense will determine whether or not it was voluntary or involuntary. Accordingly, the penalties you are sentenced to will depend on which type of charge you are convicted of. Voluntary and involuntary manslaughter charges render different outcomes in court, as they are two separate types of crimes.

Continue reading to learn the difference between voluntary and involuntary manslaughter, including what you should do if you or someone you love was just arrested for similar charges in Indiana.

Indiana Manslaughter Homicide Lawyer 317-636-7514

Voluntary Manslaughter

Many people correctly assume that voluntary manslaughter is murder. But what many do not realize is, voluntary manslaughter is just one type of murder. A killing can only be considered voluntary manslaughter when a person deliberately commits murder in the heat of the moment due to emotional excitement, before having time to calm down. Furthermore, the circumstances that caused the emotional excitement must be so anger-inducing that a reasonable person in the same situation would have acted the same way.

An example would be if an abused wife overreacts while defending herself and kills her abusive husband. Another common example would be the case of infidelity, such as walking in on a cheating spouse and shooting both them and their lover on the spot. However, if the person had enough time to calm down, and then still committed the crime, it would be charged as murder. Regardless of the circumstances, voluntary manslaughter is a serious crime of murder that comes with severe penalties.

Indiana Penalties for Voluntary Manslaughter:

➢ Level 2 Felony
➢ 10 to 30 Years in Prison
➢ Fines Up to $10,000
*See Indiana Code Section 35-42-1-3 for details of this statute.

Involuntary Manslaughter

Also known as criminally negligent manslaughter, involuntary manslaughter is much different than voluntary manslaughter. Those charged with involuntary manslaughter often acted inappropriately, negligently, or recklessly, which resulted in someone else’s death. Involuntary manslaughter is unintentional murder, but even though the offender did not intend for someone to get hurt, they will still face very serious penalization. A common example of involuntary manslaughter is when a drunk driver kills another pedestrian, driver, or passengers, known as vehicular homicide.

Indiana Penalties for Involuntary Manslaughter:

➢ Level 5 Felony
➢ 1 to 6 Years in Prison
➢ Fines Up to $10,000
*See Indiana Code Section 35-42-1-4 for details of this statute.

Indiana Criminal Defense for Homicide Charges

Call the Law Office of David E. Lewis at 317-636-7514 to connect with an aggressive Indiana criminal defense attorney who will stop at nothing to preserve your freedoms after being charged with a violent crime in Indiana, including manslaughter. 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. Call today to schedule a free initial consultation.

The 3 Parts of the Federal Government

Posted on October 23, 2019 by admin

Whether facing criminal charges, preparing for a citizenship exam, or simply curious about our country’s governmental workings, you are wise to learn the three parts of our federal system. Continue reading to review some basic facts surrounding each part of our federal government, as well as, what you should do if facing felony charges.

Our Federal Government System

The 3 parts of our federal government are Executive, Legislative, and Judicial. The headquarters for all three branches are located in Washington D.C., our Country’s Capital. Although it borders Virginia and Maryland, Washington D.C. is inside the District of Columbia (DC), which is a federal district not a part of any one state. Here is a brief explanation of each branch, including what they do and who is in charge of their procedure.

? Executive

As you might have already deduced simply by the name, the executive branch is the highest branch in the federal government, and therefore, has the most power and influence. This branch of government includes the President of the United States, and around 5 million additional employees who are in charge of enforcing laws set forth by Congress, which makes up the next branch of government.

? Legislative

Also known as Congress, the Legislative branch of the federal government includes the Senate and the House of Representatives. There are 2 senators for each state, making 100 total in the Senate, and 495 representatives. This branch is in charge of creating laws, which are then enforced by the Executive branch, and interpreted by lower court systems and judges in civil and criminal cases.

? Judicial

The judicial branch of the federal government is in charge of interpreting the laws set forth and enforced by the upper branches of the government, and then applying their interpretations to rule on civil and criminal cases. This branch includes the Supreme Court, as well as nine U.S. Justices. A Justice is a superior, specialized judge who only interprets cases and laws that pertain to the U.S. Constitution.

Facing Felony Criminal Charges?

Call 317-636-7514 to schedule a consultation with aggressive Indiana felony crime lawyer, David E. Lewis. He 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.