Why You Never Waive Your Right to an Attorney

Posted on February 14, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

When you are arrested as a suspect in a crime, before you are even officially charged your first priority should be to contact a licensed and experienced criminal defense attorney. Being charged with a crime is a very serious matter, regardless of the severity of charges or penalties. Whether you are caught shoplifting a stick of gum or driving while intoxicated, a criminal record is a serious matter that requires adept legal representation.

A lawyer has the skills, resources, and professional connections to work the best possible defense against your charges in order to protect your rights and preserving your freedoms. If you want to avoid the maximum penalties for your criminal charges, you need an attorney.

Public Defense

Although you have the option of choosing a public defender, who are also real lawyers, there are numerous downfalls for going that route. There are monumental differences between a public defender and a criminal defense attorney, and several advantages in using private counsel rather than public defense. But having legal representation either way is important, so be sure to never waive your right to an attorney if you are charged with a crime.

You Can’t Represent Yourself

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Thinking you can represent yourself in your criminal case is a major misconception. Anyone who does not professionally practice criminal defense is incapable of representing a criminal case successfully. There are various complexities involved, all of which vary themselves depending on the individual circumstances of the case. So taking the risk of waiving your right to counsel and losing your case can render severe short term consequences, but also ones that follow you throughout your entire life.

Criminal Charges Come With a Criminal Record

Criminal charges don’t just come with a list of penalties, like possible jail time, hefty fines, court fees, filing costs, probation, community service, suspended drivers’ license, and random drug screening. Criminal charges come with a permanent record. And a criminal record, regardless of its severity, can hold a person back from several opportunities in life, including viable employment, promotions, professional licenses, home ownership, proprietorship, governmental clearances, and much more. It can even implicate a couple’s ability to adopt a child. So it is important to handle a criminal charge it the most aggressive and sure-fire way, and that is to always take advantage of your right to hire an attorney. Never waive your right to counsel.

Indianapolis Criminal Defense

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. He is a licensed and aggressive criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms, regardless of the crimes you are charged with. Our Indianapolis criminal defense law firm offers free initial consultations to discuss your case and the possible strategies for defense. Call 317-636-7514 to get started on yours, today.

Is it Possible to Reduce My Criminal Charges?

Posted on January 24, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

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 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

How Does Marion County’s Behavioral Health Court Work?

Posted on November 23, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

The Marion County Jail is packed. It is over-crowded, housing more than 900 inmates. And according to WFYI Indianapolis, more than 300 of those individuals suffer from mental health problems. In many cases, an inmate’s mental health issues were a leading factor in landing them behind bars, from drug and alcohol addiction, to bi-polar disorder, schizophrenia, and more.

Although the jail offers basic medication and treatment for offenders, the quality of care is not equal to the level of treatment they could be receiving at a dignified mental health rehabilitation center. Fortunately, Marion County officials have come to recognize that certain inmates truly need genuine mental health rehabilitation in addition to their sentences.

For this reason, the Marion County Court System has introduced an alternative type of court for offenders suffering from mental illness, and whose mental illness may have contributed to the crimes they’ve committed. This is called Marion County Behavioral Health Court, and is head by esteemed Judge, Barbara Crawford.

Eligibility

Not all individuals are eligible. But for those with an official diagnosis, they can choose to take their case through this alternative behavioral health court instead of the traditional system. It is a wise option for offenders facing serious charges for crimes they’ve committed because it gives them the opportunity to receive genuine behavioral and mental health treatment after they carry out their sentence. Each person who chooses this alternative court system is assigned a “recovery coach” after their sentence is complete.

With their recovery coaches, individuals will work through 5 phases to achieve better health:

1. Mandatory Court Appearances
2. Therapy
3. Compliance with Prescription Medication
4. Drug Testing
5. Additional Activities to Remain Focused on a Healthy, Rehabilitated Lifestyle

A recovery coach will be by their side to help them achieve these five phases and more. This gives them the knowledge, tools, and resources to transition from jail and back into real life. They get the assistance they need to become a productive and compliant part of society. So they receive their punishment, and then become a healthier, happier, and better person.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for Indianapolis criminal defense you can trust. Our law firm does everything in our power to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense. Call 317-636-7514 to schedule yours today!

Typical Questions About Bail Bonds

Posted on November 3, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

The world of bail bonds can be a complicated and even tedious place to be. Posting bail and paying for bonds is an everyday occurrence. It is important to understand some key points about bail in order to comprehend an instance in which you need to bail a loved one from jail. Continue reading to review some common questions defendants and families of defendants have about bail bonds and jail.

What Does it Mean to “Be Processed” in Jail?

People will often have this question due to the fact that a person cannot be released from jail until they are completely processed. Processing takes place after a person is arrested and driven to the jail. In the jail they are taken to the processing center. Here, a collection of personal identification elements are entered in to the jails computer’s system, such as finger prints, photos, residential information, employment, medical history, contact information, and more.

The jail also has each inmate see a nurse for a brief medical checkup. This is to check for viral and bacterial infections and illnesses so that they are not spread to the rest of the population. It is also used to check for suicidal thoughts, anger evaluations, and more. A background check is run on the individual, as well as a warrant check. This entire “process” is also referred to as “booking” an inmate. Once the individual is processed, they are eligible to be bailed from jail, so long as they weren’t arrested under the influence. In the case that they were arrested under the influence, they would have to wait at least 8 hours (or until sober) to be eligible for release.

The amount of time it takes to process an inmate and then have them released from jail is different every day, person to person. It all depends on numerous variables, such as past violations and convictions, the arresting charges, liability, the amount of traffic through the jail, and much more. The size of the jail is another factor that contributes to inconsistent processing times. The size of the jail determines the amount of staff they have available to do the processing as well, so the smaller the jail, the smaller the staff, and the slower the processing times.

How Much Does it Cost to Get Bailed from Jail?

Criminal Defense Attorney 317-636-7514

The total amount of the bond, handed down by the courts, initially decides how much it will cost to post bail. Once this amount is configured, the next determining factor is the type of bond used to obtain a release from jail. This is a lengthy topic, in which case, we’ll only discus the most common way to obtain a quick release from jail, which is a bail bond. This is the most common form of posting bail because many people do not have enough money to cover the entire bond amount, which can reach thousands of dollars.

Posting bail with a bail bond requires the services of a bail bondsman. By state laws, bail bondsman fees are regulated to be between 10-15% of the total bond amount. So if a persons’ bond amount was $5,000, the bail bond fee would cost $500-$750. This is a non-refundable fee, and is a contract that requires signature and contractual agreement.

Will a Bail Bondsman Refuse Someone Their Services?

A bail bondsman has the right to refuse their services to anyone they may choose, just as any small business owner could. The real question is, “WHY would a bail bond company refuse someone their services?” The answer is simple. A bail bond agency basically “fronts” the cash for the bond to obtain a release from jail. Although a person is only paying 10-15% of the bond amount, the bail bond company pays the rest.

They get this money back when the arrested person shows up for their court date. This is where the contractual agreement comes into play. If they skip their court date, they are considered a fugitive of the law, and the person who signed the bond agreement to bail them out of jail is held responsible for their absence. If a bail bondsman feels the inmate that requires bail is a flight risk, meaning they are likely to skip their court dates, they will refuse to take on the case. They will not want to risk their money on a repeat violator either.

Indianapolis 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 or a loved one has been arrested in Indianapolis and is facing criminal charges. We are an aggressive, hard-working criminal defense law firm that stops at nothing to get clients released from jail as fast as possible, and build a defense that will protect them from receiving the maximum penalties for their charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

Reducing Criminal Charges With a Plea Bargain

Posted on September 8, 2016 by admin

Criminal Defense Attorney 317-636-7514

The main purpose of retaining legal counsel following an arrest is to avoid the maximum penalties for your criminal charges. In fact, reducing or dismissing criminal charges is the primary goal for you as the defendant, as well as your defense attorney. But in order to get charges reduces against their client, a knowledgeable and aggressive criminal lawyer must negotiate with the prosecution for an improved outcome in court.

A common method of accomplishing this feat is to use something called a plea bargain. But in order to use a plea bargain, it must first be approved by the courts. Continue reading to learn what a plea bargain is, what it is used for, and how it benefits both the prosecution and the defense.

Accepting a Plea

A plea bargain is an agreement between the prosecuting attorneys and your defense attorney in which each party must give something to take something, in terms of sentencing. Essentially, it is a compromise regarding a defendant’s charges and penalties for their crimes. In most cases, this means a defendant accepts to plead guilty to their crimes in return for a lower charge or more forgiving penalties. This can include reducing jail time, reducing felonies to misdemeanors, lesser fines, probation instead of jail, ankle monitoring in place of jail, ignition interlock devices, drug testing, and more. Here’s an example:

❝ Leonard was arrested for felony drug possession. His crime is a Level 6 Felony that faces up to 1 year in prison. Prosecution offers to give up their right to take the case to trial and sentence Leonard to the fullest if he will plead guilty to a Class A Misdemeanor or more lenient fines and penalties.❞

It is not up to the prosecution and defense to use a plea bargain. Instead, plea bargains must first be approved by the courts. A judge has to determine whether or not a defendant was strong-armed in any way; and once they confirm no pressure was made, they will approve a plea bargain. However, the process and regulations for plea bargains differ from state to state. Talk to your Indianapolis criminal defense attorney about Indiana plea bargains and procedures.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss the right defense for your criminal charges in Indianapolis, Indiana. We offer free initial consultations to talk about your criminal charges, and determine the best strategy for defense. Attorney David E. Lewis works around the clock, fighting to reduce or dismiss your criminal charges. He stops at nothing to preserve your rights and protect your freedoms. Call 317-636-7514 to schedule a consultation with an aggressive Indianapolis criminal
defense lawyer you can trust.

The Tough Reality Behind Underage Drinking Arrests

Posted on July 11, 2016 by admin

Juvenile Criminal Lawyer 317-636-7514

The summer is a time for outdoor fun and relaxation, and many friends and family spend this season enjoying outdoor activities like pool parties, barbecues, concerts, and more. And since alcohol consumption is a part of having fun and relaxing, many people like to add it to the entertainment. Unfortunately, this also includes those who are not yet old enough to legally consume alcoholic beverages. Although underage drinking is illegal, it is bound to take place anyway. So if an underage person is caught by law
enforcement, it will lead to an arrest.

If you were recently arrested for underage drinking, you are facing a list of potential consequences. Consequences that are much worse than how your parents will react to your arrest. Continue reading to learn what to expect from underage drinking charges, and the proper steps you need to take after an arrest to secure your future.

The Outcome of Arrest

In Indiana, an underage drinking conviction is a misdemeanor, which is any crime punishable by up to one year in jail. You can expect to lose your drivers’ license, and be sentenced to several court-ordered penalties like probation, community service, large fines, ankle monitors, random drug tests, and even jail time. In fact, if you are found with a false I.D. you are more likely to face some jail time. The extent of your penalties will be entirely up to the judge and prosecution.

Criminal Defense Attorney 317-636-7514

Aside from the general penalties of an underage drinking conviction, a misdemeanor can drastically change a person’s otherwise bright future. Teens and young adults arrested for this youthful mistake also face life-altering consequences. For instance, a criminal record can make it much harder to obtain college admissions and/or scholarships. It can also impact internship and job opportunities.

What to Do Next

The safest and most effective step towards minimizing the life-long consequences of an underage drinking charge is to hire an experienced Indianapolis criminal defense lawyer to professionally navigate your case. They have the knowledge, experience, and drive to build an impactful defense on your behalf, and work with the prosecution to reduce your charges and subsequent penalties as much as possible.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for experienced and aggressive Indianapolis criminal defense you can trust. He is a seasoned criminal defense lawyer with decades of experience representing clients facing a wide range of criminal charges. If you or a loved one was arrested for underage drinking in Indiana, he can protect you from over-penalization and unfair sentencing conditions! Call 317-636-7514 to schedule a free initial consultation, today.

Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

Posted on July 6, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

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Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.

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

Posted on June 23, 2016 by admin

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 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

Posted on June 7, 2016 by admin

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 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?

Posted on June 2, 2016 by admin

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 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.