Category Archives: Felony Charges

Indiana Criminal Statute of Limitations Laws for Felonies and Misdemeanors

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Criminal Statute of Limitations are a set of laws that regulate the amount of time state prosecutors have to file criminal charges against a suspected criminal. Each state has such regulations, including our own. Continue reading to learn more about the statutes of limitations for criminal charges in Indiana, and who to call for trusted legal counsel.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In Indiana, there are different time limits for different crimes. Such time limits vary depending on the severity of the crime. More serious crimes will have shorter time restraints, while less serious crimes will have longer ones.

Felonies – 5 Year Statute of Limitations
Misdemeanors – 2 Year Statute of Limitations
Murder Charges – No Limit

Visit www.codes.findlaw.com to review some examples of both felonies and misdemeanors, and their set statute of limitations.

Purpose of Statute of Limitations

Our judicial system incorporates criminal statute of limitations for many good reasons. Most importantly, they ensure that all criminal trials are based on the best available evidence possible, such as testimonial evidence (police statements, eyewitness statements, etc.), physical evidence (fingerprints, DNA, etc.), and more. These kinds of evidence can be lost quickly, making it important to take action fast in terms of a criminal trial. They maintain a fair balance between fair trials and the severity of an offense.

Evading Criminal Statute of Limitations

If you are “on the lam” from the law, time is not on your side, even if you try to out smart the criminal statutes of limitations. There is simply no possible way to avoid criminal charges brought against you by the state. You see, the judicial system will pause criminal statute of limitations if a suspect leaves the state or goes into hiding. This is sometimes referred to as “toll the statutory clock.” Once the suspect comes back, the clock starts again.

What to Do if You are Facing Criminal Charges

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. You can avoid the maximum penalties for your charges with our aggressive legal representation!

A Comparison of Circuit and District Court Systems

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The American judicial system is made up of several different court systems, all of which are further divided into state or federal courts. Two of the most common courts within the federal court system are circuit courts and district courts. With so many courts in existence, it can be quite confusing for the average person unfamiliar with state and federal law.

If you are facing criminal charges, it is wise to understand the difference between the two. Continue reading to do just that.

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

District Court Systems

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and penalization. District courts cover ninety four different geographic regions within the United States, including linked territories like Guam, the Virgin Island, Puerto Rico, the District of Columbia and the Northern Mariana Islands.

Although reserved for federal cases, there are some states, such as Florida and Texas, which refer to their stat-level court systems as “district” courts. In a district court, a single judge resides over a case. Federal cases are first sent through the district court system, and then work their way up the judicial system depending on the outcome in district court. After a case is ruled on, the verdict can be appealed in appellate court, otherwise known as the circuit court system.

Circuit Court Systems

Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system. Rather than handing down sentences and penalties, they oversee appeals on federal cases.

Circuit courts exclusively cover thirteen administrative regions within the United States. In a circuit court, a panel of judges (usually 3) reside over a case, and then rotate through each of the 13 regions in the “circuit”, hence the name. Since only about 1% of cases are accepted and seen by the Supreme Court, circuit courts basically set legal precedent.

Questions About Your Felony Charges?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your felony 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!

Information About State Felony Appeals and Criminal Defense

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If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. 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.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights 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.

Is it Possible to Reduce My Criminal Charges?

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Indiana Criminal Defense Attorney 317-636-7514

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.

Can I Tape Record an On-Duty Police Officer?

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

The General Terms of Felony Probation

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.