What Happens if I Do Not Show Up For My Court Date?

Posted on August 15, 2019 by admin

When it comes to facing criminal charges, you will, without a doubt, have to go to court. Although most court hearings, such as arraignments, can be handled by your lawyer without your presence, there are other court dates that do mandate your appearance. And forgetting or neglecting to show up for such court dates is not like missing a doctor’s appointment.

Continue reading to learn more about criminal court appearances, and what to expect if you do not show up for yours.

Criminal court dates are mandatory. When a person is facing criminal charges, or is involved in a criminal proceeding, they are legally obligated to show up for all court hearings. Missing a court date is referred to as a “failure to appear” or “FTA”, and it is a crime punishable by law. A person will face serious criminal charges in addition to the ones they were already charged with prior to missing their court date.

Without the help of an experienced criminal defense attorney, those charged with FTA will likely be sentenced to the maximum penalties decreed by their state. Depending on where they live and their criminal history, these penalties will vary. Continue reading to learn more about FTAs and what to expect if you are facing a similar charge in your town.

Bench Warrants

If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

A person must face the judge once again, not only for their past matters, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of the ones they were facing with their original charges. However, the severity of penalties for an FTA generally depends on the seriousness of the original crime a person was charged with. Penalties also vary by state. Look below for an example of misdemeanor crimes and felony crimes.

Here in Indiana…

Misdemeanor Crimes – A Failure to Appear charge will be penalized as a Class A Misdemeanor if the original crime was a misdemeanor. Class A Misdemeanors are punishable by up to 1 year in jail and $5,000 in fines.

Felony Crimes – FTAs charges are penalized as Level 6 Felonies if the original criminal charge was a felony offense. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $10,000 in fines. Sometimes they can be reduced to Class A Misdemeanors for first-time offenders.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. 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.

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

The Difference Between Aggravating and Mitigating Factors

Posted on August 5, 2019 by admin

Sometimes, when a person is charged with a criminal offense, their charges can include aggravating factors. Generally, the inclusion of such factors increase the seriousness of the charges, and therefore, the penalties upon conviction. Many people confuse aggravating factors with mitigating factors, which are quite the opposite. If you are facing criminal charges with certain aggravating or mitigating factors, it is vital that you understand what this means for your case, your defense, and ultimately, your rights to freedom.

Continue reading to learn the difference between aggravating factors and mitigating factors, including what to do if you are facing such criminal charges in Indiana.

Aggravating Factors

Aggravating factors are not something you want as a part of your criminal charges. Such factors are specific circumstances of a crime that intensify the severity of the offense, elevate the criminal charges, and increase the maximum penalties upon conviction. Here in Indiana, there are eleven aggravating circumstances provided by statute:

➀ The use of a weapon;
➁ Significant harm, injury, loss, or damage to victim;
➂ Victim of crime is less than 12 years old;
➃ Victim of crime is a senior citizen (65 years old+)
➄ Offender has delinquent or criminal history;
➅ Crime is committed in the presence or vicinity of a minor less than 18 years old;
➆ Crime violates a protection order;
➇ Crime violates probation, parole, pretrial release, etc.;
➈ Offender knew the victim of the crime was disabled;
➉ Offender had active custody or control of the victim;
⑪ Employee of a penal facility commits inmate trafficking.

Mitigating Factors

If there are mitigating factors involved in your criminal charges, you can feel a slight sense of relief. Mitigating factors are certain circumstances of a criminal offense that might influence a court to be less strict when it comes to judgement and sentencing. There are several examples of mitigating factors, some of which might include the following:

▷ Offender was strongly provoked;
▷ Substantial cause to excuse or justify the crime exist;
▷ Offender has no delinquent or criminal history;
▷ Crime was the result of conditions that are unlikely to happen again;
▷ Victim of crime encouraged or aided the offense;
▷ No bodily harm not threat of harm resulted;
▷ Offender did not know the crime would cause nor threaten serious harm;
▷ Offender is a good candidate for probation or short term jail time;
▷ Offender’s character demonstrate they are not likely to commit the crime again;
▷ Offender makes restitution to victim;
▷ Imprisonment would cause hardship to offender and their dependents;
▷ Victim is habitually abusive to offender;

Important Note:

Although the court usually compares and considers the number of aggravating factors versus mitigating factors when reaching a sentencing decision. But keep in mind that courts are explicitly allowed to enforce any sentence that is authorized by the Indiana constitution, as well as these statutes, regardless of any of the above-mentioned factors. Always consult with a licensed and experienced Indianapolis criminal defense attorney who can educate you on your case and the best course of action for defense.

Where to Get Started on Your Criminal Defense

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.

When Did Felonies Change From Classes to Levels?

Posted on July 24, 2019 by admin

Progression is something that is important in our society, and we would be nowhere without its principles. The same theory applies to the law, which is ever-changing, ever-evolving, and for very good reason. In Indiana, the judicial system has seen several drastic changes within Indiana Criminal Code. One of the most recent and notable changes has to do with felony charges and convictions. What used to be categorized as a Class D Felony is now something quite different.

When did Indiana make these changes to the state criminal code? Continue reading to learn this and more.

Indiana Federal Crime Lawyer 317-636-7514

July 1, 2014

The Indiana Criminal Code changes to the felony criminal punishment scale took effect on July 1, 2014. Prior to this date, there were four levels of felonies. Upon this date, the levels of felonies increased to six. Accordingly, the penalty ranges for each of the six felony levels changed too.

Felonies are now divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Murder is of course, the most serious offense.

Look below to see the current levels of felonies, including their minimum, maximum, and advisory sentences. Misdemeanors were not affected by the 2014 changes to the Indiana Criminal Code.

Murder – Most Serious

Level 1 Felony:
Minimum 20 Years Maximum 40 Years, Advisory Sentence 30 Years

Level 2 Felony:
Minimum 10 Years Maximum 30 Years, Advisory Sentence 17.5 Years

Level 3 Felony:
Minimum 3 Years Maximum 16 Years, Advisory Sentence 9 Years

Level 4 Felony:
Minimum 2 Years Maximum 12 Years, Advisory Sentence 6 Years

Level 5 Felony:
Minimum 1 Year Maximum 6 Years, Advisory Sentence 3 Years

Level 6 Felony – Least Serious
Minimum 6 Months, Maximum 2.5 Years, Advisory Sentence 1 Year

Changes to the Credit Time Calculation

The credit time calculations for felony charges were also revised. Prior to July 1, 2014, crimes allegedly committed will get one day’s credit for each day served. Once changes were made, the credit time calculations for felonies changed to one day’s credit for every seven days served, with certain exceptions.

Trusted Legal Advice for Felony Charges in Indiana

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.

How to Clean up Your Criminal History in Indiana

Posted on July 15, 2019 by admin

Your past is in the past, but the same does not apply to your criminal record. If you were ever arrested, charged, or convicted of a crime or infraction in Indiana, including traffic offenses, your criminal report will showcase them. Worst of all, your criminal report is available to the public, which means everyone from your next door neighbor to your employer can look it up and see what kind of criminal history you have on record in the state.

Furthermore, this means that your criminal history affects several significant aspects of your life, professionally, financially, socially, and even in terms of housing. If you have criminal content on your personal record, it is in your best interest to see if you qualify for criminal record expungement or record sealing in Indiana.

Continue reading to learn more about these new Indiana Second Chance laws, including how to determine your eligibility and how to get started on a petition.

CRIMINAL RECORD EXPUNGEMENT

Expungement is the legal removal or elimination of criminal convictions and/or arrests from one’s permanent record. Only under certain circumstances does a person qualify to expunge criminal records. Records that are not eligible for expungement, however, may be eligible for criminal record sealing. Records that may be expunged include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more.

CRIMINAL RECORD SEALING

Criminal record sealing criminal records refers to the restriction of certain access. Once sealed, such records can only be viewed by particular authorities, such as criminal justice agencies, and at times, childcare agencies. Records that may be sealed with restricted access include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more. Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed.

Qualifications

Not all criminal charges and convictions are approved for expungement nor sealing in Indiana. Such offenses include murder, sex crimes, feticide, manslaughter, reckless homicide, human trafficking, assisting or causing suicide, transfer of contaminated bodily fluids, registered sex offender status, and inappropriate communication with a child or minor. If a person has any of these arrests, charges, or convictions on their record, they cannot qualify for expungement.

Warnings

The Indiana Second Chance Laws may not be active for much longer because they are highly opposed by many private organizations and in interest groups. This means they are subject to repeal in the near future. For this reason, be sure to act fast and take advantage of criminal record expungement in Indiana right now. Furthermore, the process is complex and very strict; just one minor filing error can get your application denied, and you can only apply for criminal record expungement ONE TIME in your life. If your application is denied, you cannot re-apply. . For this reason, you need to hire a licensed criminal defense lawyer who specializes in this area of law. They can make sure your petition is completed correctly, and on time.

How to Get Started on Your Petition

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about sealing or expunging your criminal records in Indiana. 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.

Criminal Defense Tips for Being Interviewed as a Suspect

Posted on July 5, 2019 by admin

If you are suspected of being involved in a crime, and as a result, must cooperate with a detective interview, it is gravely important to know how to protect yourself from self-incrimination and more. Continue reading to learn some vital criminal defense tips you need to know before being interrogated or interviewed as a potential suspect in a crime.

Police Gimmicks and Ploys

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this ploy is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the gimmicks do not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

Always Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Aggressive Criminal Defense in Indiana

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 Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

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

Posted on July 2, 2019 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, 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?

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”.

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?

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.

Choose Attorney David E. Lewis for Aggressive Criminal Defense

Posted on June 26, 2019 by admin

The Law Office of David E. Lewis has the aggressive and professional Indianapolis criminal defense lawyers you need to avoid being sentenced to the maximum penalties for your criminal charges. Continue reading to learn why we are a leading criminal defense law firm in Indiana, and what we will do to ensure your rights are protected and your freedoms are preserved. We may even be able to help clean up your arrest record.

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, as well as, throughout the entire state of Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law, and will work around the clock to ensure you are not subjected to the maximum penalties for your Indiana criminal charges.

Criminal Cases We Represent

Here at the Law Office of David E. Lewis, our seasoned Indianapolis criminal defense lawyers aggressively represent most state and federal 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. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

Indiana Criminal Record Expungement

Want to clean up your criminal record? With our help, you might be able to as early as this year! You see, criminal record expungement is now legal in our state, but only under very explicit conditions. And applicants are only allotted one single opportunity to file for expungement in their lifetime. YOU CANNOT PETITION TWICE.

To make matters more challenging, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Learn About Your Criminal Defense Needs

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation to determine the best strategies for defense pertaining to your individual charges and criminal history. 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 also submit an email directly from our website.

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. Most importantly, our office is a 100% judgement-free zone, and you will feel warmth and welcome as if you were family every time you walk through our doors.

The Difference Between a No Contact and Protective Order

Posted on June 21, 2019 by admin

Many people assume that a No Contact Order is the same legal action as a Protective Order. The truth is, they are two different types of legal actions, yet very similar. Continue reading to learn the difference between the two, including the common Indiana penalties for violating such orders.

Protective Order Violation Criminal Defense — Protective Order Violation Lawyer 317-636-7514

Protective Orders

A protective order is a civil-based court order of protection that is signed by a judge, ordering a recognized “perpetrator”, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their “fear of imminent bodily injury” and how a legal order is the only way to put an immediate end to their danger.

The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones.

When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And in most cases, these orders stay in effect throughout the case and for as long as the defendant’s sentence. No contact orders can generally be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary.

Invasion of Privacy Charges

If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

☛ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)
☛ Phone contact (i.e. calls, voicemails, text messages, email, etc.)
☛ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)
☛ 3rd party contact (i.e. sending messages through mutual friends) |
☛ Social media contact (i.e. Twitter, Facebook, Gmail, apps, etc.)
☛ And More

Indiana Criminal Defense Law Firm

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

Drunk driving charges and convictions can have all sorts of impacts on a person’ life. But what many do not recognize until much later is, such circumstances also affect family and loved ones. In fact, many defendants ask whether or not they can lose full or partial custodial rights if they are arrested, charged, or convicted of an intoxicated driving offense. Both mothers and fathers ask, “Will my kids be taken away?” “Will I lose visitation?” “Will my ability to regain custody be affected?”

If you are asking these same types of questions, whether for yourself or on behalf of a loved one, continue reading to learn what you need to know about DUI charges and child custody in Indiana.

Indianapolis Drunk Driving Attorney 317-636-7514

DUI Penalties

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. For instance, if a person has an unregistered gun or drugs in their possession at the time of the arrest, they will face more severe penalties than a standard 0.08BAC drunk driving arrest with no priors.

Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

⇾ 60 Days to 1 Year in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension Up to 2 Years
⇾ Fines Up to $5,000

SECOND DUI – Level 6 Felony

⇾ 5 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 ½ Years
⇾ License Suspension 6 Months – 2 Years
⇾ Fines Up to $10,000

THIRD DUI – Level 6 Felony

⇾ 10 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension 1 – 10 Years
⇾ Fines Up to $10,000

DUI Crimes and Child Custody

When you are contesting, requesting, or negotiating for child custody in court, you must demonstrate to the judge that giving you rights to child custody, in any aspect, is in the best interest of the child. Therefore, if you have multiple arrests and DUI convictions, it is possible that a judge would not be willing to grant full or partial custody, but rather, supervised visitation or similar setup. On the other hand, if you were convicted of your first DUI, and you have no criminal priors, a judge may be willing to overlook it if you can further demonstrate that you are living a healthy and responsible lifestyle.

Hire an Aggressive DUI Lawyer for Help

The best way to ensure your custodial rights are protected and preserved after being arrested for a drunk driving offense is to retain professional criminal defense representation. But not just any lawyer will do; you need an aggressive attorney who is well-versed and seasoned with DUI cases, and knows exactly how to build a defense to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI defense attorney, David E. Lewis, 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 criminal charges.

Critical Questions and Answers About Indiana Criminal Charges

Posted on May 24, 2019 by admin

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. 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.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.