Category Archives: Criminal Law

The 3 Most Common Actions Appellate Courts Take

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If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each action, and how you can best prepare for your upcoming hearing.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Typically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires to appear in court. In place of you appearing in court during this time of review, the appeals court can set your case for “oral argument”, meaning your lawyer can verbally argue your case in front of the judges.

❶ Vacate

If the majority of judges on the panel decide that your appeal is correct, they will remove, or “vacate”, the conviction handed down by the lower court. This entitles you, as the defendant, to a new trial in the lower court, whether state or federal.

❷ Affirm

If the majority of judges on the panel decide that your appeal is incorrect, they will stand by, or “affirm”, the lower court’s conviction. This means you cannot ask for a new trial in the lower court, and you will have to accept the judgement and subsequent sentence.

❸ Modify

If the majority of judges on the panel decide that your appeal is both correct and incorrect, they will make changes, or “modify”, the conviction of the lower court. In this case, you may be entitled to reduced penalties, such as fines, community service, and jail time. Although they make some changes, the rest of the lower court’s judgement will stand.

How to Best Prepare for Your Appeal

Appellate courts are much different from criminal courts in terms of process and procedure. In order to present an appeal to the best affect, you would need the services of a skilled Indianapolis criminal defense lawyer because they have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Most often, a defendant would use their current criminal defense attorney to represent their appeal. If you do not wish to use the same lawyer, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Indianapolis Criminal Defense You Can Trust

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for appeals in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your appeal!

Can a Child Be a Witness in a Criminal Case?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children.

But when you imagine a person testifying in court as a witness, it is not common to envision a child on the stand. However, it is a situation that does happen every now and then, but only under specific circumstances.

Continue reading to learn some basics about children witnesses.

Competent Witnesses

So what constitutes a competent child witness? A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies. These qualities can be found in very young children, as well as pubescent and young adults. A judge ultimately determines a child’s competency to testify in trial. It is common in these cases for judges to order a psychological evaluation to assess the child’s credibility.

General Rules and Exceptions

Witnesses are generally excluded from the majority of a court hearing. Usually, they must wait outside the courtroom until they are asked to take the stand. This avoids witnesses from changing their testimony after hearing other witnesses talk about the case. However, this rule may not be enforced in the case of a child taking the stand to testify. Often times, judges will permit a parent, guardian, or therapist to chaperone the child through the duration of the hearing.

Another exception that is often made for child witnesses is the right to give their testimony via a closed-circuit television or monitor. Many states have laws that protect child witnesses, especially those who are victims of abuse or assault. Rather than testifying in the same room as an abuser or offender, a child is allowed to provide their testimony from a safe location. Videotaped depositions are also used.

Talk to a Trusted Attorney

It is important to discuss your legal questions with your trusted Indianapolis criminal defense attorney for the best guidance and support. If you do not already have a licensed criminal defense lawyer working on your case, you need one right away.

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

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

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. We offer free initial consultations, so there is no out-of-pocket obligations to you.

The 8 Phases of a Criminal Case

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In a criminal case, there is standard series of developments you can expect to take place. The first phase always starts with an arrest of some sort, whether as a result of a warrant or an actual physical apprehension. Continue reading to learn the rest of the 8 general steps of a criminal case.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

❶ Arrest

As mentioned, interest can take place in many forms. Most often, a defendant is arrested in person by a law enforcement officer; either because they were suspected of committing the crime at the time, or they were stopped for a routine offense and later found to have a warrant out for their arrest. Other times, a defendant is notified of a warrant and must surrender to authorities by being placed under arrest at the jail, and then continuing with the rest of the criminal justice process.

❷ Bail

After defendant is arrested, a presiding judge will decide whether or not they can be granted bail privileges. Most often, a defendant is provided the opportunity to post bail unless they are a repeat offender, or have a history of failing to appear for court hearings. Bail is set using the state’s bail schedule, which categorizes bail amounts in accordance with the severity of crime. There are several options a person can choose to obtain a release from jail through bail. They can pay the entire bail premium amount in cash (or collateral of some sort), and receive the money back when they complete all mandated court orders; or, they can hire a local bail bond agency and pay a nonrefundable fee that is only a mere percentage of their total bail premium. A defendant can also be released on their own recognizance, often referred to as being “OR’d” from jail. Under this circumstance, a defendant does not need to pay bail, but is still required to appear for all of their court hearings.

❸ Arraignment

A defendant’s first court appearance is called an arraignment. During an arraignment, a judge will read a defendant’s criminal charges, and then gives the defendant an opportunity to plead “guilty” or “not guilty” to those criminal charges. Sometimes, bail is also discussed. Also during an arraignment, future court hearings will be scheduled and arranged.

❹ Preliminary Hearing

Most often, the government brings criminal charges against a defendant in one of two ways. For minor to moderate charges, a bill of information is secured during a defendant’s preliminary hearing (also known as preliminary examination). For more serious charges, especially federal offenses, the government may use a grand jury indictment to bring criminal charges against the defendant. This is common with more serious offenses, such as white-collar crimes and murder. In fact, all federal offenses must be brought by a grand jury indictment. Both such hearings take place for the purpose of establishing the existence of probable cause. The prosecuting and defense attorneys will question witnesses and makes arguments at this time, but if probable cause is not found, the case will be dismissed entirely.

❺ Pre-Trial Motions

If probable cause is found, a defendant will be forced to stand trial. This starts at the pretrial motion, which is brought forth by both parties. During a pretrial motion, any issues remaining from the preliminary hearing or indictment will be resolved and finalized, and all evidence and testimony that will be admissible at trial is verified.

❻ Trial

Trial is one of the most important court hearings because it is the hearing in which the defendant learns if they are found guilty or not guilty for the criminal charges brought against them by the prosecution. At this particular hearing, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges “beyond a reasonable doubt.” Once all arguments and witness testimonies are complete, the jury must come to a unanimous verdict that decides whether or not the defendant is guilty or innocent. If the jury cannot come to unanimous verdict, the presiding judge will declare the trial a mistrial. In this case, the trial is either dismissed or a new jury is chosen. If the defendant is found guilty, the court will then sentence them.

❼ Sentencing

The sentencing segment of a criminal case can take place separately from the trial, or at the same time as the trial. During sentencing, the judge will hand down the penalties for the criminal charges committed by the defendant. In order to determine the proper penalty for defendant, courts will consider various factors, including criminal history, mental health, personal circumstances, and even a defendant’s degree of remorse.

❽ Appeal

After a trial takes place, a defendant has the option of appealing their conviction. This takes place in appellate court, and usually a certified appellate attorney is hired for the job. However, defendants may also use their existing criminal defense attorney to file their appeal with a higher court.

Keep in mind that these basic stages can vary from case to case depending on a wide range of influential factors, including whether or not a defendant chooses to enter into a plea bargain. It is best to discuss your criminal defense with a licensed and trusted Indianapolis criminal defense attorney in your area in order to avoid the maximum penalties for your criminal charges.

How to Get Started on Your Defense

David E. Lewis Attorney at Law

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. Call as soon as today!

Indiana Filing Fees and Costs for Criminal Cases

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If you are facing criminal charges, it is time to start educating yourself on all the legal processes and requirements surrounding your case. You can expect two of those requirements to be court costs and filing fees. The Indiana Supreme Court, Division of State Court Administration, has a set system for filing fees and court costs for criminal cases. Continue below to review each one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Criminal Costs Fee = $120.00 (IC-33-37-4-1)

Law Enforcement Continuing Education Fee = $4.00 (IC 33-37-5-8(c))

Jury Fee = $2.00 (IC-33-37-5-19)

Document Storage Fee = $2.00 (IC-33-37-5-20)

Automated Record Keeping Fee = $7.00 (IC-33-37-5-21)

Public Defense Administration Fee = $5.00 (IC-33-37-5-21.2)

Judicial Insurance Adjustment Fee = $1.00 (IC-33-37-5-25)

Judicial Salaries Fee = $20.00 (IC-33-37-5-26)

DNA Sample Processing Fee = $2.00 (IC-33-37-5-26.2)

Court Administration Fee = $5.00 (IC-33-37-5-27)

Total Criminal Fees = $168.00

The total cost of criminal fees can be $181.00 if the office requires the sheriff’s service of process fee of $13.00.

Costs and Fees That May or May Not Apply:

Alcohol and Drug Services Program Fee – This fee only applies if the particular county in which the offense took place has a drug and alcohol program. The fee varies, but cannot exceed $400.

Drug Abuse, Prosecution, Interdiction, and Correction Fee – This fee is only added if a conviction falls under I.C. 35-48-4. The fee ranges between $200 and $1,000.

Countermeasures Fee – This fee is only added if a conviction falls under I.C. 9-30-5 and results in a driver’s license suspension. The general fee is $200.

Child Abuse Prevention Fee – This fee is only added for specified offenses and convictions that involves a victim under 18 years of age. The general fee is $100.

Domestic Violence Prevention and Treatment Fee – This fee is only added for specified offenses and convictions that involved relationship parties. The general fee is $50.

Highway Work Zone Fee – This is a 50 cent fee for traffic offenses. The fee can increase to $25.50 if the offense involved speeding in a worksite or failure to merge.

Safe School Fee – This fee is only added for convictions that involve the use or possession of a firearm. The fee ranges between $200 and $1,000.

Sexual Assault Victims Assistance Fee – This fee is only added for specified offenses and convictions. Generally, the fee ranges between $250 and $1,000.

Late Payment Fee – This fee is only added if all conditions of the statute are met. The general late payment fee is $25.

** Find more information about each fee, here.

Contact Information for the Indiana Supreme Court:

Division of State Court Administration
30 South Meridian Street, Suite 500
Indianapolis, IN 46204

Phone Number: (317) 232-2542
Fax Number: (317) 233-6586

Where to Start

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.

Retain Aggressive Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. 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! Call 317-636-7514 to get started, today.

Proper Conduct for a Trial Witness

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Whether a defendant or not, if you must testify as a witness in court over a criminal matter, it is important to conduct yourself responsibly. There are several things you should and should not do as a trial witness, especially since you can be held legally accountable for your actions, or lack thereof.

Continue reading to learn what you need to know about being a good witness, including who you should trust for legal guidance and support.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Be a Good Trial Witness

A witness in court could be an actual defendant, a field professional, or some other person somehow associated with the case. Regardless if you are facing the court as a defendant or individual witness, it is important to do your duty, respectfully and responsibly; the court and trial judge will expect this from you. If you fail to conduct yourself accordingly, you could face certain penalties, most of which are within the discretion of the judge themselves.

Here is what you SHOULD do…

Always take a subpoena seriously. Be sure to respond according to instructions, and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge will be provoked, and potentially take a personal interest in you, if you ignore one.

Always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, you must always be honest with your criminal defense lawyer. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Always take your lawyers advice. When it comes to discovery and preparation for depositions and trial, it is important to listen to the advice of your criminal defense lawyer. They will tell you how to conduct yourself during depositions and in the courtroom. Make time for your lawyer, and be available to answer their questions and discuss the case.

Here is what you SHOULD NOT do…

Do not make an attempt at humor or charm at any time. Also, do not explain yourself too much. Simply answer the question; do not try to make the interviewer understand your answer by explaining yourself. You also want to avoid distractions so that you can pay close attention to the trial proceedings. If you are asked a question that you do not have the answer to, never take a guess. In fact, you have the right to ask for any question to be restated or rephrased so that you better understand its basis.

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

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

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! Call 317-636-7514 to get started, today.

Frequently Asked Questions That Start With “Can I Get Arrested If”

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When it comes to petty crimes, some people simply do not know that they are breaking the law. In other cases, people may be under the impression that certain acts are illegal when they are not. Continue reading to review some of the most frequently asked questions that begin with “Can I get arrested if”, and see what you learn and what you already know!

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Can I Get Arrested If I Give a Cop the Middle Finger?

You cannot get arrested, or even stopped, for giving a police officer the middle finger. As long as you are not simultaneously breaking the law, you are within your federal rights to flip off a cop; but that does not mean you should! After all, they are a vital line of defense for our city, and they risk their lives every day to provide our communities with a comforting and dependable level of security. Please respect our law enforcement officials.

Can I Get Arrested If I am Carrying a Knife?

Indiana established a switchblade ban in 1957, which abolished the ban on carrying switchblades. Although many states set restrictions on blade limits, and require knives to be concealed, Indiana does not have any limits or restrictions as of right now. You can legally carry a knife, concealed or not, on your belt or in your purse, so long as you are not on school property, at an airport, or in a government courthouse or building. There may be other places that restrict weapon possession, like zoos, theaters, nightclubs, and more.

Can I Get Arrested If I Spit My Gum Out?

Although Indiana may have some very archaic laws still in the books somewhere that criminalize spitting on the ground, it is very unlikely that these laws would be enforced today. But keep in mind, spitting in public is unsanitary and unbecoming, and in a worst case scenario, you can face legal trouble if your gum hits another person or their property.

Can I Get Arrested If I Litter?

States spend millions of dollars every year to keep our roads, streets, parks, and coastal areas clean. So it should not be a surprise that littering is not tolerated under Indiana law. If caught littering, a person can face hefty fines, as well as court-ordered penalties like litter cleanup or community service. Indiana Code §35-45-3-2 states that littering is a “Class B infraction punishable by a fine up to $1,000 (§34-28-5-4(b)). For littering within 100 feet of a body of water, class A infraction punishable by a fine up to $1,000.”

Can I Get Arrested If My Roommate is Using Drugs in the Home?

Although the circumstances are unique in every case, if your roommate is using, selling, or possessing illegal substances in your shared home, it is possible for you to face legal consequences too. This is true even if you are clean and sober, and had no part in the use or distribution of the drugs.

Can I Get Arrested If I am Panhandling?

In Indiana, panhandling is illegal. Under Indiana Code 35-45-17-2, it is a Class C misdemeanor, which is punishable by up to 1 year in jail, up to $5,000 in fines, and several possible court-ordered penalties (i.e. house arrest, ignition lock, probation, community service, etc.).

Can I Get Arrested If I Have Prescription Pills on Me?

In Indiana, if you are caught with prescription pills on you, and they are not in a bottle with your name and recent date, you must be able to provide proof that you are currently prescribed to them, or you will be arrested on drug charges.

Indianapolis Criminal Defense Attorneys

David E. Lewis Attorney at Law

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

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 Basics of Criminal Discovery

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When a person is accused of a crime, they have several rights according to our country’s Constitution. Of these rights, a common criminal process called discovery is not necessarily one of them. However, it is a process that can be highly pertinent to a criminal case.

Continue reading to learn more about the criminal discovery process and who to trust for professional legal advice regarding your criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514


The United States Constitution gives all criminal defendants the right to face their accuser in trial, but it does not provide them the right to know details of all the evidence the prosecution has against them. Although the U.S. Constitution does not decree this as a citizen right, there is a process known as criminal discovery that allows a defendant to have knowledge of the evidence that will be presented in trial in support of the prosecuting attorney’s case.

Most states do not give criminal defendants the automatic right to discovery, but many will still allow it depending on a range of factors. Each state has their own unique set of procedures for criminal discovery, all of which are contingent on timing, method, time frame, and more. Regardless of state legislation, all defendants have a particular constitutional right to exculpatory evidence, also known as “Brady Evidence” (Brady v. Maryland case). If a state fails to comply with this right, it is known as a “Brady violation.”

Civil vs. Criminal Discovery

The discovery process is a likely opportunity for both parties in civil cases, such as tort claims and divorces. That is because most states have rules that give all civil parties the automatic right to request any type of information or evidence. In criminal cases, however, the process is much different. In contrast to civil cases, the prosecution does not have to obtain evidence the defense would like to have; instead, they must disclose the evidence they already have against the defendant.

Similarly, state agencies have rules that govern how a defendant can get information about the evidence against them, including when they can obtain it and to what extent. Because a defendant must make a written motion to formally request criminal discovery, as well as, appear at a hearing to acquire a ruling approving discovery, it is strongly recommended to hire a licensed Indianapolis criminal defense attorney who can implement all the legal paperwork and defend your rights.

Criminal Defense That Doesn’t Stop Fighting For You

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

FAQS About The Indiana Criminal Justice Process

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Below you will find some of the most frequently asked questions about the Indiana criminal justice process. Review the answers for help understanding the state and federal laws regarding adjudication and legal procedure. If you are facing criminal charges, it is important for you to know this information.

Talk to your trusted Indianapolis criminal defense lawyer about your particular questions and concerns about your upcoming trial or hearing. They can give you the legal, professional support you need to get through this tough period. In the meantime, start with these FAQ’s about the Indiana criminal justice process.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

What is Involved in the Criminal Justice System Process?

There are numerous steps that take place when processing a criminal case. However, the basic steps go in this order: Investigation, arrest, prosecution, indictment, arraignment, pretrial detention, plea bargaining, trial, sentencing, appeals, and penalties.

What Steps are Part of a Criminal Court Case?

The process of criminal prosecution progresses in a sequence of stages. Most start with an arrest, and end with a defendant accepting a plea bargain. Other times, the process ends at during or after a trial. The basic steps, however, generally include arrest, bail, arraignment, preliminary hearing (or grand jury proceedings), pretrial motions, trial, sentencing, and appeal.

What Can I Expect at My Preliminary Court Hearing?

Preliminary hearings, also known as probable cause hearings, are the first fundamental hearing in the criminal justice process. At a preliminary hearing, a defendant can expect a very brief court appearance. It is basically a “trial before a trial” in that it is used to determine whether or not charges should be dismissed, or if there is enough evidence to make a defendant stand trial.

Do I Need a Lawyer For My Criminal Charges?

Regardless of how minor or major your criminal charges are, you do need a licensed attorney who can build an impactful defense. They are there to help you avoid the maximum penalties for your criminal charges. They are your only hope of protecting your rights and preserving your freedom. It is very reckless and irresponsible to represent yourself when facing criminal charges. Answering to unpaid parking tickets is not like facing shoplifting charges. You could go to jail if you do not interpret the law properly. A criminal defense lawyer can protect your from making such mistakes.

Indianapolis Criminal Defense You Can Count On!

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

Need-to-Know Courtroom Terms and Definitions

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If you are facing a court trial for criminal charges, it is helpful to know some common terms and definitions that will likely be used to adjudicate your case. This knowledge will allow you to comprehend the proceedings of the trial and better understand the circumstances of your sentencing and subsequent penalties.

Continue reading to get started right now!

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense Law Firm 317-636-7514

Arraignment

– This is the trial in which a judge informs a defendant of their criminal charges.

Pre-Trial

– Any type of official proceedings that take place before a criminal trial.

Trial De Novo

– A new or sequential trial.

Failure to Appear

– The action of a defendant missing a scheduled, court-ordered, mandatory hearing. Also known as an “FTA.”

Dismissal

– A case, action, suit, or motion that is dismissed by the court without a trial.

Prosecutor

– The state or government attorneys who review criminal cases for filing. This includes District attorneys, state prosecutors, and Attorney Generals.

Defendant

– An individual being charged or prosecuted for a crime they are suspected of committing.

Judge/Magistrate

– A public official who is legal authorized to decides cases in a court of law.

Bailiff

– The person who maintains order, safety, and security in the court room. This includes Deputy Marshals, Deputy Sheriffs, and Correctional Officers.

Bench

– The built-in desk and seating area at the head of the court room. This is where the judge sits and people testify.

Charges

– Unproven violations of the law that must be answered to by the accused in a criminal case.

Case

– A situation of dispute contested in a court of law.

Discovery

– The process in which a defendant is given the right to review all alleged charges and evidences that the prosecution has (and may use) against them.

Conviction

– A final judgement regarding a criminal case.

Motion

– A request for a particular order or ruling by the judge.

Motion Granted

– A judge allows for a requested motion.

Denial of Motion

– A judge refuses to allow a requested motion.

Order

– A court ruling over a lawyer’s motion or request.

Objection

– The act of opposing or contesting a piece of evidence presented by the opposing party.

Overrule

– A judge’s refusal to gratify an objection by counsel in regards to evidence.

Sustaining

– A judge’s approval to uphold an objection by counsel in regards to evidence.

Plea

– A formal statement given by a defendant in regards to their criminal charges that discloses their guilt or innocence.

Not Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that asserts innocence.

Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that admits guilt.

Nolo Contendere (No Contest)

– A “no contest” plea, which automatically renders the defendant as guilty. This plea cannot be recanted in future civil matters unless allowable by law.

Evidence

– Any real thing presented to the court as proof to support a fact. This includes items, witness testimonies, social media activity, recordings, photographs, and more.

Probable Cause

– Specific and connected facts that would cause a practical, reasonably-thinking person to believe a crime has been committed, and that it was committed by the accused defendant.

Admissible

– Evidence that is pertinent to the criminal charges against the defendant, and allowable in a court of law.

Hearsay

– An alleged statement made outside of the courtroom and presented as proof to refute a particular matter being affirmed in court.

Jury

– A group of men and women who have been appointed by trial attorneys to assess evidence and decide questions of fact. This group usually consists of 12 people, 18 years of age or older.

Hung Jury

– A jury that cannot come to a unanimous agreement of guilty or innocent after an extended period of deliberation.

Judgement

– The court’s official decision regarding the rights and claims of the involved parties in a criminal case.

Sentence

– The formal decision or finding made by the court in regards to a defendant after they have been convicted of a crime (or crimes).

Verdict

– The formal decision made by the jury.

Are You Facing Criminal Charges in Indiana?

David E. Lewis Attorney at Law

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.

Who Creates the Law?

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When it comes to law creation, it all starts with the United States Congress. They create and pass “bills”, which the President of the Unites States must sign to make it into law. However, not all bills signed into law are created equal. The federal court system can challenge these bills, and even have laws overturned, if they deem them unconstitutional. This has happened several times in our country’s history, most recently, in California regarding same-sex marriages.

Federal Crime Defense 317-636-7514

Federal Crime Defense 317-636-7514

State Law

As for state law, a similar process ensues, but it ensues on a state level, versus a federal one. Rather than congress, it is the state legislatures that create and pass on bills, which may or may not turn into state law. And rather than the U.S. President signing off on them, it is the state Governor instead. Similarly, however, state courts have the jurisdiction to review such bills and laws, and even have them overturned if they challenge or contradict the U.S. Constitution.

Judicial Hierarchy

When it comes to pecking order, judicial hierarchy starts with the federal court system, which includes district courts, circuit courts, and the Supreme Court. There are 94 district courts within the federal court system. These are trial courts that handle both civil and criminal cases. The federal court system also includes 12 court of appeals, also known as circuit and appellate courts. Appellate courts are in place to review the rulings of trial courts, which means they actually have more judicial influence than district courts.

The Supreme Court is the federal court that has ultimate power over all rulings within the United States judicial system. As the only court that was established by the Constitution, it has the power to judge whether federal, state, and local governments are acting within law, and can even decide if the President’s actions are constitutional or not. Mostly, the Supreme Court generally handles cases of National importance.

When They Conflict

There are several examples in which state and federal law conflict with one another, like in the case of medicinal and recreational marijuana usage, same-sex marriage, and even seat belt laws. Here are some possible scenarios:

❖ If state law provides a defendant with more privileges than federal law, state law will legally presume in that state. For example, if a person lives in a state in which medical marijuana is legal on a state level, but illegal on a federal level, the state law will prevail because it gives citizens more civil rights.

❖ In contrast, if state law allows for something that the federal law explicitly prohibits, such as possession of marijuana, the federal law will prevail in court cases.

❖ Also, if a state enforces more accountability on its residents than the federal law does, the state law will presume. This is common in regards to state and federal seat belt laws.

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

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

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! Call 317-636-7514 to get started, today.