Category Archives: Criminal Law

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

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If you were recently arrested on felony or misdemeanor charges, it would be wise to review some of the possible penalties you will face in court if found guilty. The most common court-ordered penalties include probation, ignition interlock devices, electric monitoring, home detention, community service, legal fines, and more. Violating any court-ordered terms and conditions can result in a separate set of criminal charges, including actual jail time. Continue reading to learn about some common court-ordered penalties, and which steps to take next if you are facing criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Probation

For anyone facing a misdemeanor charge, it is common to be sentenced to probation in lieu of serving jail time. Probation is a “probationary period” in which defendants must comply with all laws and court-ordered rules, while also completing all court-ordered tasks before their probation period is up. This period can last anywhere from 6 months to 2 years, depending on the type of convictions. It can also involve routine visitation to a probation headquarters to meet with a court-assigned probation officer. A probation officer’s job is to supervise an individual’s behavior, activity, and progress. Violation of any probationary terms, such as skipping a scheduled probation meeting or coming up positive on a drug test, can put a person back in front of another judge for additional sentencing.

Ignition Interlock Device (IID)

A common outcome for a convicted individual is an ignition interlock device (IID), which is much like a built-in breathalyzer inside a car. This device is generally reserved for habitual offenders, and installed in a person’s primary vehicle for the purpose of preventing them from driving drunk. An ignition interlock device is near the size of a mobile phone and usually installed in a car’s engine. It locks the ignition and prevents the vehicle from starting up until the driver breathes into the device, and renders a BAC level that is lower than 0.04 percent. If the offender has a BAC higher than that, the car engine will not start up. If the device reads a test that is over 0.04%, it records it and prints it out to local authorities. It is often treated as a violation, which can result in more penalties.

House Arrest

In place of jail time or imprisonment, a judge may order an offender to home detention, also known as house arrest. Those sentenced to home detention are not permitted to leave their premises under any circumstances, other than for work, rehabilitation treatment, drug/alcohol classes, court-ordered services, doctor visits, and other pre-approved activities. In fact, they are usually mandated to wear an electronic monitoring bracelet, also called an ankle monitor, which uses GPS to monitor where an individual is located. Overall, the main purpose of house arrest is to prevent a convicted individual who is under state supervision from committing more crimes or being involved in more illegal activity.

Additional Possibilities May Include:

☑ Random Drug Testing
☑ Victim Impact Panels
☑ Alcohol / Drug Education
☑ Substance Abuse Rehabilitation
☑ And More

Indianapolis Criminal Defense That Fights For You

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 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.

What is a Notice to Appear?

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It is normal to feel frightened and confused after being delivered an NTA document by mail. You may not understand the criminal charges you face, or even recall being involved in any activity that could have rendered you a possible suspect or witness to a crime. This can cause you to experience heighten emotions, leaving you fearful for your future and your freedom. Fortunately, the right knowledge and a seasoned criminal defense attorney are all your need to protect yourself from undue process. Continue reading to learn more about Notice to Appear documents, requirements, procedures, and more. This will help you get on the right track toward putting your legal troubles behind you.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

What is a Notice to Appear?

A “Notice to Appear” is an official government document. They are primarily used by state-level court systems to lessen the need for arrests, and stream line the attendance process for individuals suspected of committing lesser crimes. Not everyone qualifies for NTA status, and instead, will be issued an actual arrest warrant. Those who receive NTA’s are people who have been identified as low-risk and likely to appear. For example, the basic conditions for NTA eligibility include:

☛ No Risk in Summoning Defendant to Appear
☛ Defendant is Considered Likely to Appear
☛ Defendant Has Not Failed to Respond to Previous Court Notice
☛ Defendant is Facing Misdemeanor Charges or Infractions

\Normally 1 to 3 pages in length, these official papers formally request a individual’s attendance in court for a suspected crime. They are generally reserved for misdemeanor crimes, such as traffic offenses, shoplifting, and possession of drug paraphernalia. Essentially, they demand that a person appear in front of a judge within 10 days of their notice to answer to the criminal charges against them. If a person fails to appear, they will face additional legal penalties, and quite possible, criminal charges.

NTA Information

NTA documents will generally contain vital information pertinent to an individual’s case, including the allegations against them, as well as, the time, date, and location of their scheduled court appearance. Missed court dates, or FTA’s (failure to appears), are serious violations as well, and will be penalized as separate offenses; so it is critical to understand all the information in a Notice to Appear document, and properly prepare yourself for the appearance. Anyone who is issued a Notice to Appear must immediately retain legal counsel since they will soon be in court facing criminal charges.

Your Next Steps After Receiving an NTA

If you have received a Notice to Appear in Indiana, you could be facing a long list of penalties, including jail time, suspended driver’s license, hefty fines, loss of employment, sex offender registry, and much more. So now is the perfect time to call a licensed Indianapolis criminal defense attorney who will protect your rights and preserve your freedoms. It is important to prepare your defense as soon as possible since prosecution has already starting building their case against you.

Indianapolis 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 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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.

What is the Criminal Bail Bond Process in Indiana?

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There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Following the Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

After Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them. It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birthdates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract. They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

Are You Facing Criminal Charges?

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.

What to Expect From the Indiana Criminal Bail Bond Process

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When you need to bail a person out of jail, there are several different processes and procedures that must take place, and these steps will vary depending on the type of criminal charges and more. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Post Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them.

It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birth dates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract.

They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

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.

Do I Withdraw My Plea or File an Appeal?

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After receiving a guilty conviction, the process of protesting it varies depending on various factors. For instance, if you do not go to trial, but plead guilty or no contest, you cannot appeal your guilty conviction. Instead, you would have to motion for a plea withdraw. In contrast, if you do go to trial and a jury finds you guilty, you can appeal the conviction. Continue reading to learn more about withdrawing a plea and filing an appeal, and the differences between them both.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Filing an Appeal

To file an appeal, you must have been found guilty by a judge or jury at trial. Filing an appeal is basically asking for a new trial. Defendants would need to hire a specialized criminal defense attorney known as an appellate lawyer. An appellate law firm practice focuses primarily on appealing convictions.

Withdrawing a Plea

To protest and turn over a guilty conviction that resulted out of a plea agreement, you would not file an appeal. Instead, you would have your criminal defense lawyer file a motion to withdraw your plea. This is an entirely separate process than the appellate court system.

Writ of Habeas Corpus

A writ of habeas corpus is a limited indirect appeal that allows you to protest your conviction without technically withdrawing your plea. Filing a writ of habeas corpus is only permitted in some states, and can only be pursed under very specific circumstances. Usually, this results when important information is withheld that, had you known at the time, would have influenced your original plea. This process is actually very similar to the appeals process.

Keep in mind that filing any appeal or motion does not guarantee that your conviction will be overturned, or that you will be cleared or acquitted of your charges. It is important to have a skilled and experienced Indianapolis criminal defense lawyer on your side, working your case and fighting for your rights.

Indianapolis Criminal Defense Lawyer

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 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

How Does the U.S. Constitution Protect Our Basic Rights in the Criminal Justice Process?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Every citizen of the United States enters the criminal justice system following an arrest. What is the criminal justice process exactly? It is all the procedures and obligations that take place from the time a person is suspected of committing a crime, through the time of their prosecution, and all the way to the completion of their case. Generally, it involves arrests, indictments, and a series of hearings, including preliminary hearings, arraignments, trials, and appeals. It can also extend past sentencing and appeals in the form of probation, jail time, and parole.

The U.S. Constitution and Due Process

The U.S. Constitution provides certain protections that cannot be broken, regardless if under persecution of law. The first 10 amendments in the U.S. Constitution are called the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity.

Fourteenth Amendment (1868)
“(…) nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Additional Amendments to Be Grateful For

The 4th Amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as, decrees the limitations and requirements for search warrants.

Fourth Amendment (1791)
“(…) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause (…)”

The 5th Amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as, prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves. It protects much more too.

Fifth Amendment (1791)
“(…) nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

Sixth Amendment (1791)
“(…) the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime.

Eighth Amendment (1791)
“(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

If You Are Facing Criminal Charges…

It is only natural that you are concerned about your rights, your freedom, and your future. You may be asking yourself what to expect, but rest assure that you will have the protection of your U.S. Constitutional rights during the entirety of the criminal justice process. But you can’t just rely on your Constitutional rights to protect your from being sentenced to the maximum penalties for your criminal charges. This is why it is vital to retain a trusted and experienced Indianapolis criminal defense lawyer to protect your rights and your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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.

Can I Request a New Public Defender?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Facing criminal charges is scary, so it is understandable that you would want somebody working hard to protect your rights and your freedoms. When it comes to public defense, you may not be able to get the one-on-one, full-time attention you would normally get from a private criminal defense lawyer, but at least you are getting some sort of legal representation. Sometimes, using a public defender is not always a bad idea. For smaller cases that are considered petty or minor offenses, public defense may be all you need to avoid the maximum penalties for your criminal charges.

Regardless of the severity of criminal charges against you, if you were appointed a public defender that you are not comfortable with, you may have the option to request a new one. Continue reading to learn the general grounds for changing public defenders before your trial.

Swapping Public Defenders

If your public defender is difficult to work with, and you believe their professional behavior will have a negative effect on the outcome of your case, you are likely wishing you could have a new one. Unfortunately, swapping public defenders is not something that is regularly granted by the courts. A defendant must have sufficient cause and evidence to be appointed a new counselor. Here are some examples of what might be considered sufficient grounds to request a new public defender:

Your public defender is…

☛ frequently late or missing appointments;
☛ failing to meet deadlines for documents and paperwork;
☛ failing to inform you of your case status or court dates;
☛ trying to force you to enter a plea you do not want;
☛ ignoring or not using important case evidence;

How to Do it

If you insist on moving forward with changing your public defender, you need to start by taking detailed notes in a journal of your experiences with the attorney, and try to gather evidence, including things like pictures, mail, documents, and screen shots of texted conversations to prove their inadequacies.

Next, you need to contact the public defenders’ office and get the information you need from the office representative. You will have some paperwork to file to make a formal request. In some states, defendants are required to write the judge a letter requesting a new public defender and why. The public defenders’ office will let you know what you need to do in your state.

If you drop your public defender without asking a judge to appoint you a new one, you may not be able to get another one at all. In this case, you would have to represent yourself and risking being sentenced to the maximum penalties for your charges, or you could hire a private Indianapolis criminal defense attorney, instead.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense.

Understanding the Purpose of Arraignments in the Criminal Law Process

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There are several stages to the criminal law process, including investigations, warrants, arrests, indictments, bail hearings, criminal discoveries, preliminary hearings, sentencings, appeals, and more. But when it comes to criminal court, the first step following an arrest is an arraignment. Although the nature and procedures for arraignments vary among jurisdictions and type of crime, they all serve the same agenda. Continue reading to learn more about arraignments and what to expect at yours or your loved one’s upcoming hearing.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Arraignments

An arraignment is a fairly quick court hearing that is scheduled directly after a person’s arrest. When a person is arrested or a minor or non-violent crime, their bond amount is generally set at the time of arrest by the on-duty magistrate. This gives defendants the opportunity to post bond, get out of jail, and go on with their lives until they are notified by mail of their upcoming court hearing. This hearing is called an arraignment. For those arrested on more serious charges, and/or have several priors, they can be denied bail and must wait in jail until their scheduled bail hearing. Once their bail is decided on, the court hearings can begin, starting with the arraignment.

Their Purpose

Arraignments are fairly quick hearings that are generally over before a cup of coffee can go cold; however, they are one of the most crucial steps of the criminal law process for a defendant. Many things can take place at an arraignment, but the primary purpose is to notify the defendant of their rights in the criminal justice system, as well as the criminal charges against them, including the maximum penalties handed down upon a guilty verdict.

If a person has not been released from custody before their arraignment, it is common for their bail to be set at the same time since bail hearings are usually held around the same time as arraignments anyway. During an arraignment, it is also common for defendants to be given the opportunity to request public counsel; and if they qualify, the judge will approve it at the arraignment. Some jurisdictions will even request a defendant to enter an unofficial plea, even though it can be changed later on in the process.

Following an Arraignment

Once the arraignment takes place, the defendant receives a document as confirmation of initial hearing. This document proves that the defendant was read their rights and informed of their charges. From there, the rest of the criminal law process can take place. If a bail hearing has not already taken place, this could be the next step after arraignment. If bail has already been set, the next step is the criminal discovery process if it is permitted in their state. Otherwise, a preliminary hearing following by additional hearings, and then a sentencing trial is what generally comes next for a defendant.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Talk to an Indianapolis criminal defense lawyer for qualified and proficient answers to your criminal law questions. If you are facing criminal charges in Indiana, you need an experienced and aggressive counselor in your corner fighting for your rights. David E. Lewis, Attorney at Law, is the criminal defense lawyer who will work around the clock to ensure your freedoms are preserved. Call 317-636-7514 to schedule a free initial consultation to discuss your case, today.

Were You Accused of a Crime You Didn’t Commit?

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If you were falsely accused of a crime, the first step to defending yourself is learning your rights.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


As a victim of a false criminal accusation, you are likely feeling a full fleet of emotions. Take comfort in knowing that your feelings of anger, frustration, confusion, and hopelessness are all normal reactions. After all, this is probably one of the most stressful situations you’ll face in your life. You can also take comfort in knowing that our legal system has a strict procedure in place to ensure defendants are not falsely accused of a crime; however, it cannot guarantee that it won’t happen. Unfortunately, being found guilty of a crime you are innocent of is a possibility, especially without aggressive criminal defense. There are people sitting in jail right now because they were falsely accused of a crime they did not commit.

Your Right to Counsel

As a defendant, you have the right to counsel, whether that be a court-ordered public defender, or a private criminal defense lawyer. In a case such as this, it is wise to hire privately to ensure you receive full-time, aggressive, and personalized criminal defense. Public lawyers have extreme workloads, and can only dedicate a certain amount of time for each case. A private lawyer, on the other hand, will have their full attention and focus on building you a strong and impactful defense. They are your best hope for getting your charges dismissed.

How to Prepare for Trial

While awaiting trial for a crime you did not commit, there are many things you can do to protect yourself and your case. To start, be sure you fully understand the seriousness of your situation. Do not make the mistake of being too confident. This is easy to do since you are in fact innocent, but there is a chance you could be convicted if you are not careful with your defense. You must take the legal process very seriously when accused of a crime you did not commit.

Next, be sure to budget for all the legal fees, attorney fees, and court costs you will be obligated to pay. The more serious the charge, the more time and money it will take to defend. This is especially true for false accusations of sexual or violent crimes, such as rape, child molestation, and domestic violence. Start budgeting costs now so that you are in better control later. Additional fees may include witness testimonies, expert testimonies, psychological testing, filing fees, and more.

Also, be sure you are documenting everything about your case. Write down everything you remember of the event in question. If you were not present, write down all the details of your whereabouts at the time the crime was committed. As the case progresses, continue to keep track of all events and new findings by writing them down in detail. This documentation can help your case down the line.

You need to also begin gathering all the evidence you have to prove your innocence, including a list of witnesses to testify on your behalf. On your list, record their name, and contact information, including their address, email, phone number, and work number. Be sure to also include a description of how they relate to the case and what information they offer as a witness.

Last, it is important to educate yourself as much as possible on everything pertaining to the case, including the laws surrounding your charges. Research persistently, because the more knowledge you have, the stronger your defense will be. Part of educating yourself also includes learning your rights. Talk to your Indianapolis criminal defense lawyer to be clear on what they are. For instance, if you are questioned by police, you have the right to remain silent. And if you are not being arrest (which you have the right to ask), you are free to leave at your own will.

Indianapolis 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 if you have been falsely accused of a crime. Our legal teams use an aggressive and concentrated approach to defend your rights and protect your reputation. We will stop at nothing to ensure your case is dismissed and your name is cleared. Call 317-636-7514 to schedule a free initial consultation to discuss your criminal charges, today.

What is a No-Contest Plea?

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

When it comes to criminal cases, most of them end with a defendant accepting a plea bargain. This means instead of going to trial, a defendant pleads “guilty” to their criminal charges in exchange for an “incentive” from prosecution. Typically, this incentive involves recommending the judge to impose a lighter conviction or sentence, or even both. If a defendant denies a plea bargain and chooses to go to trial, they risk losing and being sentenced to the maximum punishment for their charges. The reason why many defendants accept guilt and choose a plea bargain is to avoid this risk altogether.

But not all cases end in plea bargains. There is something in the criminal justice world called a “nolo contendere” plea, which is a Latin phrase meaning, “I do not wish to contend.” This plea is more known as a “no contest” plea, and generally appeals to those who wish to avoid admission of fault in a civil or criminal case. And sometimes, prosecutors and judges are willing to accept this type of plea in particular circumstances.

Nolo Contendere

A “no contest” plea is essentially the same as a guilty plea since it comes with the same consequences. The only real difference is that the defendant is not admitting fault, but still accepting the conviction and subsequent penalties. The only benefit from a nolo contendere plea in a criminal case is personal integrity and satisfaction, and nothing else. However, in a civil case, no-contest pleas are beneficial for those who insist they are innocent of all allegations even though they cannot beat the evidence against them. Here is an example:

Tim and Richard are patrons at the local baseball game. They get into a physical altercation that ends with Richard striking Tim in the face, giving Tim a broken nose. The police are called to the scene and later on, Richard is prosecuted by the state for criminal assault. Separately, Tim hires a personal injury lawyer to file a third party civil suit against Richard to recover compensation for his losses and damages as a result of the broken nose. Since Richard is facing both criminal and civil cases, his lawyer would insist on allowing a no-contest plea for the criminal charge, so that Richard could evade liability in the civil lawsuit.

Defendants are not given the choice or right to enter a no-contest plea. It is up to the discretion of the judge to permit this type of non-admittance. And it is not a common allowance in criminal court. The laws surrounding nolo contendere pleas vary from state to state. If you have questions regarding plea deals in criminal cases, talk to your Indianapolis criminal defense attorney for details pertaining to your specific jurisdiction.

Call David E. Lewis, Attorney at Law, at 317-636-7514 for criminal defense in Indiana you can trust. Free initial consultations are waiting for you!