What Can a Criminal Lawyer Do That a Public Defender Can’t?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Every person who is being prosecuted in our country for a felony offense has the right to an attorney. This right is clearly outlined in the Sixth Amendment to the United States Constitution. And if you listen closely to the Miranda Rights, you will hear the famous line, “If you cannot afford an attorney, one will be provided for you.” And this is exactly how a public defender works. Public defenders are lawyers employed under a Federal system or publicly-funded public defender’s office, and assigned to felony offenders that cannot afford to pay for a private attorney.

After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a personal criminal defense lawyer, out-of-pocket. Continue reading to learn the difference between the two types of counsel.

Public Defender

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more. Not only do they do most of the work for a public defender, they do not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real feelings.

Private Attorney

A criminal defense lawyer will not be handing your case off, or delegating major duties to someone else. They do all the work and investigation themselves, allowing them to be adept in all areas and details of your case. They have a connection to each client and their case, and works only in the direction of their clients’ best interests. Private attorneys can give more time and attention, and take a personal interest in the outcome of their clients’ cases. Although they are not free of charge, and often costly, it is one of the most worthwhile investments you can make for your future and the future of your family. In order to protect your rights and preserve your freedoms, always choose a criminal defense lawyer with experience.

David E. Lewis, Attorney at Law

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law at 317-636-7514 of you are facing felony criminal charges in Indianapolis, Indiana or any of its surrounding towns. He is a seasoned criminal defense lawyer with extensive trial and litigation experience. He offers aggressive representation, working around the clock to build you an impactful and strong defense. Call 317-636-7514 to schedule a free initial consultation, today.

How to Choose the Right Criminal Defense Lawyer

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer, and understandably so. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies from person to person, as well as, county to county. But in all criminal cases, the most important thing you can do is find the right criminal defense lawyer.

This is a critical step toward protecting your rights, preserving your freedoms, and securing a happy future. Choosing a criminal defense lawyer can be overwhelming because there are endless counselors and firms to choose from. But with the right knowledge, you can retain proficient legal counsel that is best for your case. Continue reading to learn what makes a dependable criminal defense lawyer if currently facing criminal charges in Indiana.

✪ Experience

One of the most important qualities to look for in a criminal defense lawyer is experience. Experience speaks to their level of knowledge in the field of criminal law, as well as, their dedication to their practice. Experienced lawyers are more likely to have long-standing relationships with local prosecutors and courthouses, which can also be an advantage in many ways. Experience also builds reputation, which allows you to review their success rate and likability among previous clientele. Which brings us to the second most important credential to look for in a criminal lawyer.

✪ Reputation

A crime lawyer’s reputation is important to consider because you want to know how they treat their clients. Reading testimonials and reviews from past clients is a great way to grasp an attorney’s character and performance. Facing criminal charges is stressful, so you want an honest and hard-working lawyer that can build you a strong case while also keeping your best interests’ at heart. And that is the next quality to look for.

✪ Aptitude

You need a criminal defense attorney that knows what they are talking about, and is well-versed in your state’s laws surrounding crime. A knowledgeable criminal lawyer has the intellect to build a strong defense on your behalf. Because they know the criminal process front to back, they can better develop a strategy to fight your criminal charges. Experience is usually a good indicator that a defense lawyer is highly-knowledgeable.

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indiana. He retains the experience, aptitude, and reputation you need in a criminal defense attorney. He will build a strong defense to fight your criminal charges, while also working around the clock to protect your rights and preserve your freedoms. His ultimate goal is to be the strong arm in his client’s criminal case. His aggressive representation will have you feeling confident in your future. Call 317-636-7514 to schedule a consultation for criminal defense in Indianapolis, today.

What is Probable Cause?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In the criminal law world, the term “probable cause” is heard often. Perhaps you have heard it in crime movies or police shows as well, but have never really understood its meaning. Well today, we will discuss the meaning of probable cause in the criminal justice world, and how it can play a role in a person’s criminal charge and subsequent conviction. Use this information to protect yourself from an arrest in the future.

A Legal Standard

There are several factors that influence an officer’s level of authority in a situation, but probable cause is one that plays a major role. Probable cause is a legal requirement that must be present or met in order for a police officer to make an arrest, conduct a search (personal or property), or obtain a warrant. Probable cause is facts or evidence surrounding a situation that would lead a “reasonable” person to believe a suspect has committed a crime. Indiana Code § 35-33-1-1 fully-outlines the details of this legal standard.

Examples of Probable Cause

The most common examples of probable cause start with our senses. If a police officer sees, hears, or smells anything that is a sign of a particular crime, they may use it as probable cause. For instance, if a police officer stops a vehicle for a routine traffic violation, perhaps a burnt-out tail light, they can proceed with an investigation if they see an open alcoholic container in the driver’s cup holder. In the same scenario, if the officer smells a strong scent of marijuana or other drug, they can also use that evidence as probable cause to search the vehicle.

In another example, if a tells the police officer that they had a few drinks at the bar, the cop could use that information as probable cause to breath test or implement a field sobriety test. Scenarios that are not considered probable cause include speeding, broken taillights, expired vehicle registration, loosened or crooked license plate, and other routine traffic violations. Also, in order for a police officer to search your private property, they must have a search warrant. However, police do not need a search warrant to search your vehicle if they have sufficient probable cause to do so.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana or its surrounding counties. He provides aggressive criminal defense, and will fight for your rights, and stop at nothing to protect your freedoms. Call 317-636-7514 to schedule a free initial consultation today.

Tips for Avoiding Arrest at the Indianapolis 500 Race Track

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

It’s that time of year again when race fans from all across the country flock to the Indianapolis Motor Speedway for the annual Indy 500 race and the events surrounding its return. But this year is extra special since it marks the race’s 100th anniversary. Hoosiers have already enjoyed watching the qualifications and taking part in the Armed Forces Pole Day, but we still have the Indianapolis 500 parade and Carb Day to look forward to before the actual race. And although the outcome of the race is unpredictable, the
activities that will take place at the track aren’t.

Every year, the excitement and universal comradery is generally accompanied by a copious amount of grilling out, eating food, and of course, drinking cold beverages, namely alcoholic ones. In fact, Race Day is well-known in the Indianapolis law enforcement circles as one of the highest arrest days of the year. A combination of under-age drinking, public intoxication, disorderly conduct, and even drunk driving are all repeat crimes seen by police every year. If you and your friends are planning a big celebration at the track this year, be sure to review some helpful tips that can prevent an untimely arrest on Race Day.

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Although it is perfectly legal to be intoxicated in public, it is at the discretion of the police officer to determine if a person’s intoxication is a danger or annoyance to themselves or others. For this reason, it is best to act appropriately when drinking in public to avoid being profiled by police. In fact, you might as well accept the fact that you and your group WILL BE profiled by police at the race. That is their job and it is how they keep the track safe and fun for everyone.

Here are some behaviors to avoid so you can avoid being arrested for a PI or other alcohol-related crime, including disorderly conduct, driving under the influence, under-age drinking, and more.

AVOID…

Under-age drinking. Parents of teenagers that are attending the race should discuss the dangers of under-age drinking with their kids. They should also do what they can to make sure their kids and their friends are being safe at the track. Provide rides if you can, and double-check backpacks, coolers, water bottles, and pant-pockets for hidden or disguised alcohol. They will even hide it in their waistbands and underwear. And also call them, or have them check-in, every so often to ensure they are still safe and behaving responsibly. There are thousands of people that attend this race, so you can never be too sure with your teens.

Over-drinking. It is fun to drink alcohol and relax with friends, but it is not fun to be overly-intoxicated. This takes away from your pleasure, as well as, the pleasure of others. But most importantly, it is dangerous. Always drink plenty of water, and an additional water between each alcoholic beverage. This will allow you to feel relaxed and have fun, while also staying alert for the entire day. After all, you want to remember the race!

Drinking and driving. Just two beers or cocktails can put a person over the legal limit. If you plan to “pre-party” before heading down to the track, always designate a sober driver. There will be DUI checkpoints, and the risk of putting yourself, your passengers, and other drivers in danger is not worth it. Once you are at the track, be sure to set up a sober driver for the way home, or plan to take an Über or taxi.

Aggressive or rambunctious behavior. If you are acting in a way that is alarming, annoying, or unsafe for others, or unsafe for yourself, you can be arrested for public intoxication. If you are not drinking, you can still be arrested for disorderly conduct. This also includes starting fights, using an abundance of foul language, making threats, aimlessly wandering around, bothering other patrons, and any other behaviors that are not comfortable for others or safe.

J-walking and other pedestrian infractions. One of the most prevalent offenses that takes place every year involves simple pedestrian laws. Just be sure to abide by all the pedestrian walking laws so you do not bring attention to yourself and your group. Remember, these laws are in place to keep people safe.

Stumbling, swerving, and swaying. If a police officer notices that a person is not walking straight, slurring their words, or falling asleep, they will assume they are intoxicated. And they could make an arrest. Be sure to walk straight, do not slur your words, and remain composed to avoid a public intoxication charge.

Urinating in public. It sounds obvious, but after a handful of drinks, a person might think it’s okay to relieve themselves in a public area other than a restroom or port-o-potty. This is a big No-No. If you choose this behavior and a cop sees you, you will surely be arrested on the spot if you are drunk. If you are sober, they will issue you a citation that will obligate you to show for court, pay a fine, or both.

Tips for Handling an Arrest

If you are faced with an arrest on Race Day, do not fear. Most public intoxication charges are misdemeanors that come with no jail time. You will simply be taken to jail to “sleep it off” and released the next day. The best thing you can do once you are approached by a police officer is tell the truth and cooperate. They will make the process easier and more comfortable for you if you do the same for them. After you are released from jail, consult an experienced criminal defense attorney before pleading guilty or no contest to a judge. They can possibly get your charges reduced, dismissed, or expunged if you are willing to complete educational courses, rehabilitation, or other similar programs.

Arrested at the Indy 500?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with an alcohol-related crime in Indianapolis, Indiana. He is a seasoned and aggressive criminal defense lawyer that can build you a powerful and impactful defense against your criminal charges. If you are arrested at the Indy 500, or in Speedway, IN, call 317-636-7514 for Indianapolis criminal defense you can trust.

What To Do After Your Child is Arrested

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

It’s natural for parents to want to be there for their children at all times, whether for monumental life steps and special occasions, or all the small things in between. And when things get rocky, parents want to make everything better for their kids. This is especially true when kids get into serious trouble. Kids are young and inexperienced, and bound to make mistakes. So when children are beginning to approach an age where they can break the law and be penalized for it, it is important for parents to educate themselves on what to do if their child
is ever arrested for a crime.

Arrested Minors

There are three ways a minor is arrested for a crime. They are either arrested at the scene of the crime, summoned to appear for a court hearing for a crime, or issued a warrant for their arrest for being a suspect of a crime. Most often, minors are arrested at scene. If the crime is something minor and traffic-related, like driving with a suspended license, the officer may choose to be lenient and let them off with a summons for court, rather than taking them to jail. But for more serious infractions, minors will be handcuffed, read their Miranda rights, and taken to jail for processing.

Common crimes for minors include shoplifting, vandalism, truancy, trespassing, underage drinking, drug possession, and more. If a minor commits a crime, but not caught at the scene, they will be issued a warrant for their arrest, and must surrender to authorities to face their charges, or face additional legal penalties. For example, if a teenager robs a grocery store and gets away, but the entire crime was caught on tape, an arrest warrant will be issued for their arrest.

What to Do as a Parent

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Once you have custody of your child again, usually after their arraignment is concluded, it is important to immediately retain the services of an experience criminal defense attorney. They have the knowledge and resources needed to build a strong defense for your minor, giving them the best possible chance of avoiding maximum penalties. They will guide you through the entire legal process, doing all that they can for your child’s case. And they will ensure you are doing everything right as well.

Do not opt for a public defender to save money. They generally have many cases to see to and cannot give your child’s case the special attention it deserves. When it comes to your child’s reputation and future, it’s not worth taking the risk. Hire a trusted criminal lawyer to protect your child’s rights and preserve their freedoms instead.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 if your child was arrested in Indianapolis, Indiana. He provides comprehensive criminal defense for minors facing criminal charges for misdemeanor and felony crimes. Attorney David E. Lewis will work around the clock fighting for your child’s rights. Call 317-636-7514 to discuss your legal matters with an experienced Indianapolis criminal defense attorney you can trust.

David E. Lewis Attorney at Law Launches a Brand New Criminal Defense Website!

Check out our new website that is easy to navigate and full of useful information! Get information regarding all types of criminal charges, as well as, probation violations, warrants, FTA’s, expungement, and much more!

David E. Lewis Attorney at Law

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

David E. Lewis is a seasoned criminal defense attorney with more than 25 years of experience practicing criminal law in Indiana. He graduated from Indiana University in 1987 with a degree in Political Science, and was then accepted into Indiana University Law School. While attending law school, David E. Lewis not only worked as a bailiff for Marion County Superior Court III, but also worked in the Marion County Public Defenders’ Office.

Eventually graduating from law school in 1990, Attorney David E. Lewis was ready to hit the ground running! His compassion for those facing criminal charges runs deep, as does his drive to protect their rights and preserve their freedoms. For this reason, he started out working as a Master Commissioner for the Marion County courts, strictly presiding over criminal cases.

Through these years, he was able to gain an extensive amount of knowledge and experience of all sides of the law, making him a strong and effective counselor. From there, he knew he wanted to do more for people in need of compassionate criminal defense. So he began his own criminal defense practice, and over the past two decades, has now helped thousands of Indiana defendants reduce or dismiss their criminal charges. He is an upstanding member of the Indiana Trial Lawyers Association, as well as, the Indianapolis Law Club. He works around the clock for his clients to ensure their rights and freedoms are protected, and that they receive the most favorable outcome possible in court for their particular criminal charges.

David E. Lewis Attorney at Law

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

Call his office today at 317-636-7514 to schedule a free initial consultation to discuss your criminal case and learn which strategies are best for your defense. Or visit his new criminal defense website to learn more about his practice. Trust David E. Lewis, Attorney at Law, to keep your best interests in mind when building an impactful defense for your criminal charges.