FAQS About Indiana Criminal Courts

Posted on February 18, 2019 by admin

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

What is the Difference Between State Court and Federal 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. See our article, “The Difference Between Federal Law and State Law” to learn more.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and District Court Systems?

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 penalization orders. 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.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes. Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

David E. Lewis Attorney at Law 317-636-7514

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

How to Hire a Criminal Defense Attorney

Posted on January 30, 2019 by admin

Hiring a lawyer for your criminal case is not something you necessarily want to do, but it is something you need to do, and as soon as possible. A private criminal defense lawyer is your best chance at avoiding the maximum penalties for your criminal charges. If you are new to the legal process, and have never hired an attorney before, continue reading to a comprehensive guide on how to get started.

Step ❶: Look for Referrals

The first step in hiring a criminal defense lawyer is finding a reputable law firm to work with. This can be done by utilizing an online business search portal, such as Yelp or Angie’s List. Another great way to find a law firm in your area is to ask around. Seek referrals from people you know who have also needed a criminal defense lawyer. Ask them about their experience and whether or not they recommend the firm.

Step ❷: Filter Your Results

Once you have collected a list of law firms in your area, it is time to filter out the ones that are not well-suited for your particular case, and decide which ones are good candidates. Do this by looking at each law firm’s set of credentials, client testimonials, successful case results, and overall experience. You want to take it a step further and determine which law firm retains a lawyer on staff who has specific experience in your type of criminal charges.

Step ❸: Schedule an Initial Consultation

Most lawyers, regardless of field, offer free initial consultations to meet and discuss the best strategies for a case. Once you have found and filtered out various law firms, begin contacting the ones you are considering and ask about initial appointments. If they offer free initial appointments, move forward with scheduling one for yourself to get an up-close feel for the lawyer and law firm. Feel free to make initial appointments with other criminal defense lawyers, and then choose who you would like to represent your case.

Skip the Hassle and Call Attorney David E. Lewis

David E. Lewis Attorney at Law 317-636-7514

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 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. Get started protecting your future, today.

Should I Take a Police Lie Detector Test?

Posted on December 17, 2018 by admin

Law enforcement investigators utilize a variety of resources and methods to get the truth from suspects in question. One of the most popular tools they use is a lie detector test. If you are facing serious criminal charges,especially for felony crimes, you may be asked by police to take a lie detector test. Would you say acquiesce? Or would you refuse?

Continue reading to learn what you need to know about police lie detector tests, including advice on whether or not you should take one.

Indianapolis Criminal Defense 317-636-7514

Polygraphs

Lie detector tests, also known as polygraphs, measure human vitals as a person answers a series of straightforward questions. Supporters of polygraph testing believe that these tests can detect the physical effects of lying, such as perspiration, blood pressure, heart rate, breathing, and more. But are these tests really accurate?

There is really no way to be sure of polygraph accuracy since there are so many variables that can affect the results of a test, such as instructor experience, the format of questions being asked, the style in which the results are interpreted, and more.

Furthermore, being tested in such a way adds stress in itself; a person could be telling the truth, but the test will measure their words as a lie simply because they are nervous. So it is very difficult, if not impossible, to distinguish between physical changes that come from lying and those that come from being under the scrutiny of such tests.

Lie Detector Evidence

Basically, lie detector tests do not confirm whether or not a suspect is being dishonest, but rather, whether or not there is a possibility that they are being dishonest. Since lie detector tests do not meet the standards of dependability obligatory for scientific evidence, such results are typically inadmissible as evidence in a court of law.

To Agree or Not to Agree

Back to the original question of whether or not you should agree to take a polygraph when asked by police, the answer is always, NO. Always say “no” when asked to take a lie detector test. Instead, you must always consult with your Indianapolis criminal defense attorney before answering any police questions.

Indianapolis Criminal Defense Near You

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your 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!

The Difference Between Arrest Warrants and Bench Warrants

Posted on October 19, 2018 by admin

When the state has valid evidence that a person has committed a crime, a warrant will be issued for their arrest. In other circumstances, a person may be issued a warrant for something other than their arrest, such as a bench warrant, which is still equally important and pressing.

Continue reading to learn the difference between arrest warrants and bench warrants, including what you need to do as a recipient of one.

Indianapolis Criminal Defense Law Firm 317-636-7514

Indiana Arrest Warrant Lawyer 317-636-7514

After a warrant is issues, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. In terms of arrest warrants, you need to turn yourself in to authorities at the local police station as soon as possible; otherwise, you are considered a fugitive of the law. Bench warrants do not require jail time, but they do require a certain level of action.

Arrest Warrants

A person with a warrant out for their arrest can expect to live with a great deal of paranoia. This is because they can be picked up by the police and arrested on the spot at any place. They can be arrested at work, at home, in the gym, and anywhere else they might be noticed or discovered. Having a warrant is a serious, but resolvable situation. A person needs to contact an Indiana criminal defense lawyer and turn themselves into law enforcement before they get in more legal trouble.

Bench Warrants

A bench warrant is another term used for arrest warrant. Specifically, a bench warrant is intended to flag someone for violation, and call them to the judge’s “bench” for sentencing. They are generally issued when a person fails a court ordered drug test, skips a probation meeting, misses a court date, fails to pay a speeding ticket, or commits other similar court violations and minor infractions. Same as any other warrant, it is advised to turn yourself in before your legal situation escalates into something bigger.

Do You Have Questions About Your Warrant?

Marijuana Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your warrant 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!

What are My Rights at Trial?

Posted on October 16, 2018 by admin

When a person is charged with a crime, most often, they will eventually enter into a plea deal in return for a lesser charge and/or penalties; unless of course, their case is dismissed entirely. However, some defendants choose to fight their charges and take their case to trial if they believe they were wrongly arrested and charged with a crime. If this has happened to you, it is critical to talk to a licensed Indiana criminal defense lawyer as soon as possible to learn which course of action is best for your unique case.

In the meantime, it may also help to understand what your rights will be if you do go to trial. Continue reading to do just that!

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Trial Rights

When a defendant goes to trial, they are allotted certain constitutional rights, regardless of the criminal charges they face. These rights include, but are not limited to, the following:

You Have the Right to…

☑ Know the criminal charges against you;

☑ Know the dates and times of all scheduled hearings;

☑ Attend all hearings;

☑ Know what information and evidence will be presented to the judge about the case;

☑ Have a trial within 20 business days of being detained, or within 60 business days of being released;

☑ Question witnesses, or “cross-examine” them on the stand;

☑ Present information to the judge regarding your case, have other people or witnesses give information to the judge regarding your case, and make arguments against any information or evidence regarding your case;

☑ Retain a private lawyer on your own, or be appointed a public defender for free;

☑ Decline to explain what happened during the crime, to the judge or anyone else, if you don’t want to;

☑ Make the state show “proof beyond a reasonable doubt” to convince a judge that you broke the law;

For Juvenile Cases (17 years and younger):

☒ You DO NOT have a right to a jury trial. Only a judge will hear a juvenile case.

☒ You DO NOT have the right to bail, which means you cannot pay to be released from juvenile detention or detainment.

Start on Your Defense ASAP

If want a chance at avoiding jail time or having your charges dropped or reduced, you need a skilled Indianapolis criminal defense attorney working your case. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

Do You Have Questions About Your Criminal Charges?

David E. Lewis Attorney at Law 317-636-7514

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 is no out-of-pocket obligations to you. Get started protecting your future, today.

What You Need to Know About Pre-File Investigations

Posted on October 9, 2018 by admin

Not all crimes are witnessed by police, but that does not mean that a suspect gets away with it. When law enforcement does not personally witness a crime being committed, but suspects a specific person of committing the said crime, they can be granted permission to pursue a legal process known as a “pre-file investigation.”

Continue reading to learn more about pre-file investigations and how they might affect your criminal case.

Indianapolis Pre-File Investigation Lawyer 317-636-7514

What is a Pre-File Investigation?

Pre-file investigations take place before an arrest is actually made. Furthermore, they can take anywhere from a few days to a few years to complete. Pre-file investigations are meant to give law enforcement an adequate opportunity to locate and gather enough evidence against a suspect so that they may be indicted on criminal charges.

For instance, if an employee is suspected of stealing from the corporate account, law enforcement may need time to gather documents, records, witness statements, social media timelines, and more, all to prove that the employee has committed a crime and should be charged.

You Need Aggressive Criminal Defense

Pre-file investigations are a very early stage in the criminal process, which is also a time that is critical for anyone under investigation. When a pre-file investigation is being held against a suspect, they need to have a criminal attorney on their side who can build an effective and strong defense BEFORE the investigation can be completed and prosecution can make their move. Without a strong defense, not only are suspects at a much higher risk of being convicted, they are also at a higher risk of being sentenced to the maximum penalties for their alleged crimes.

If you are under investigation for a crime in Indiana…

David E. Lewis Attorney at Law 317-636-7514

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive Indianapolis criminal defense you can trust. He has successfully represented numerous clients facing complex criminal charges in Indiana, and knows exactly how to navigate pre-file investigations in his client’s favor. He has a comprehensive understanding of Indiana’s criminal and prosecution process, and can use this behind-the-scenes knowledge to obtain a better-quality outcome to your case. Schedule a free initial consultation, today.

Frequently Asked Questions About White Collar Crimes

Posted on September 17, 2018 by admin

If someone you love is facing serious felony charges for a white collar crime, you may be scared and confused. It can help alleviate your stress and discomfort by learning a little more about white collar crimes and criminal defense.

White Collar Criminal Defense 317-636-7514

What is a White Collar Crime?

This is one of the most common questions people have about white collar crimes. FindLaw.com defines a white collar crime as “a crime committed through deceit and motivated by financial gain.” This definition is very basic, but also very realistic. There are several different types of white collar crimes that a person can commit, but out of all the possible offenses, fraud and theft tend to be the root of them all. And within the realm of fraud and theft, even more types of white collar crimes exist, such as embezzlement, tax evasion, money laundering, insider trading, Ponzi schemes, and more.

What are the Most Common White Collar Crimes?

The most common types of white collar offenses include theft, scams, and fraud. Common types of white collar fraud include bank, wiring, check, insurance, prescription, securities, and mortgage fraud. Bribery, forgery, employment theft, embezzlement, tax evasion, money laundering, insider trading, and Ponzi schemes are also very common white collar offenses.

What are the Most Serious White Collar Crimes?

The most serious types of white collar offenses are those with large sums of money or assets involved. The more money or financial gain that occurs as a result of the crime, that harsher the penalties will be. In fact, white collar crimes are usually prosecuted in federal court, not state court, since most are felony offenses, which are punishable by prison time and more.

Do I Need a Lawyer if I am Facing White Collar Criminal Charges?

Yes; you will absolutely require private, professional criminal defense to stand up to your white collar charges. White collar criminal investigations are usually tedious, complex, and intense. You are not in the best hands with a public defender because their case loads are just too big. Your future and your freedom depends on your defense, so be sure you hire an experienced Indianapolis criminal defense lawyer who will fight for your rights.

Indianapolis White Collar Crime Lawyer

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 for white collar criminal defense you can trust. He uses every resource in his power to aggressively defend your rights and protect your freedoms so that you can avoid the maximum penalties for your charges. Call 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges, today.

The 3 types of Affirmative Defenses

Posted on July 23, 2018 by admin

There are numerous possible defenses a defendant can use to fight their criminal charges. Regardless of which one they choose, it will fall under one of two categories: affirmative and negating. Under the affirmative defense category, there are 3 particular types that are common in criminal law. These include justification, excuse, and alibi affirmative defenses.

Continue reading to learn more about each type of criminal defense, including how to get a head start on yours. You may also benefit from reading our blog about The Difference Between Affirmative and Negating Defenses to understand the two primary categories of defense.

Indianapolis Criminal Defense 317-636-7514

An affirmative defense is a category of defense used by a defendant who wishes to evade accountability of their criminal charges by presenting new evidence that was not previously addressed in the plaintiff’s claims. Here are the 3 types :

❶ Justification Defenses

Justification defenses are defenses that essentially justify why a defendant committed a crime. Under this defense approach, a defendant would admit they committed the crime, while also insisting they did so for good reason. Self-dense is a perfect example of when a defendant might use this affirmative defense. For instance, if a father killed an armed intruder to protect his family, he would likely use a justification defense. Law enforcement defense is another prime example.

❷ Excuse Defenses

An excuse defense is when a defendant admits they committed a crime, but wishes to be excused for the offense by offering an excuse as to why they did it. The insanity defense is a prime example. Other types of excuse defenses include mental illness, intoxication, diminished capacity, duress, and even infancy (a child or youth). For instance, if a woman is charged with resisting arrest and threatening police officers, and defends her actions by claiming she has a mental illness, she would be using an excuse defense. Another example would be if a man robbed a store under extreme duress because his wife was being held hostage by the criminals forcing him to commit a crime.

❸ Alibi Affirmative Defenses

Alibi affirmative defenses are quite common and much different from the other two types of defenses mentioned above. When a defendant uses an alibi affirmative defense, they are not admitting guilt, responsibility, or having any kind of involvement in the alleged criminal charges. They use defense by providing legitimate evidence of an alibi. An alibi is proof that the defendant was somewhere else when the crime took place, making it impossible for them to have committed the crime. Often times, this type of defense is used alongside a negating defense for best results.

How to Get Started on Your Defense

David E. Lewis Attorney at Law 317-636-7514

Does it Matter Where I Hire My Criminal Defense Attorney?

Posted on July 17, 2018 by admin

If you were just recently arrested on criminal charges, the very first place to start is to hire a licensed criminal defense lawyer right away. Without private criminal defense, you risk jeopardizing your rights, your freedom, and your future. One of the most common questions about hiring a criminal lawyer involves location. Defendants like you want to know whether or not they have to hire a defense attorney in the same county as their pending criminal case.

The truth is, the answer to this question is not so cut and dry.

Indianapolis Criminal Defense 317-636-7514

Local Versus Non-Local Attorneys

The choice to hire locally or not is entirely up to you as the defendant. Your choice will be based on several factors, including your personal preference, circumstances of the case, appointed county prosecutors, opposing attorneys, judges, and much more.

For instance, if you are from a small town, you might want to hire locally because all the judges, attorneys, and prosecutors know each other well and have long-standing relationships, which could help your lawyer get you a better deal. Of course, this is not always the case in a small town. In an opposing example, if you are from a small town and facing serious criminal charges in a large city, you may choose to hire out of town in hopes of retaining a lawyer with better knowledge of big city politics.

What You Really Need to Know

The reality is that it does not matter where you hire your attorney. Hiring locally or out of town doesn’t make a difference for most criminal cases. It is the lawyer that makes the difference. However, the general rule of thumb is to hire an attorney in the city your charges are pending.

The most important part about hiring a criminal attorney is choosing one that is well-versed in the area of law you are dealing with, and one with extensive trial and litigation experience. They have the knowledge and resources it takes to build a strong and impactful defense against your criminal charges.

Call David E. Lewis, Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Posted on May 25, 2018 by admin

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, knives, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Indianapolis Criminal Defense Law Firm 317-636-7514

Peru City Police Department v. Martin

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

David E. Lewis Attorney at Law 317-636-7514

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 is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.