Can Kids Be Arrested? Understanding Juvenile Justice and Legal Rights for Minors

Posted on December 12, 2024 by admin

When we think about the justice system, it’s often in the context of adults. But what happens when children and teens find themselves involved with the law? For many parents and educators, the idea of a child being arrested is both shocking and confusing. Can it really happen? What does the process look like, and what rights do minors have?

This blog explores the legal concept of juvenile delinquency, the behaviors that can lead to a child’s arrest, the rights of minors during this process, and how their families and communities can offer support. Whether you’re a concerned parent, an educator, or simply a member of the general public, understanding juvenile justice is crucial for protecting children’s futures and advocating for their rights.

Call 317-636-7514 if You are Looking for Juvenile Criminal Defense Lawyers in Indianapolis

What Is Juvenile Delinquency?

Juvenile delinquency refers to illegal behavior by individuals under the age of 18. Instead of being prosecuted in the adult criminal justice system, juveniles are typically processed through a specialized juvenile justice system designed to rehabilitate rather than punish. The primary goal is to help minors take accountability for their actions and guide them toward better decision-making without the lifelong consequences that often accompany adult convictions.

However, the legal system can still feel overwhelming, especially for families navigating the complexities of juvenile delinquency for the first time. Understanding the system’s framework can help parents and educators advocate for children’s rights and ensure the best possible outcomes.

Behaviors That Can Lead to a Child Being Arrested

Children can find themselves in trouble with the law for a wide range of activities. Some offenses are the same as those committed by adults, while others are unique to minors. Here’s a closer look at what behaviors might result in a child’s arrest:

Crimes Common to Minors

Theft – Stealing an item from a store or another person.
Vandalism – Graffiti, property destruction, or other acts of damage.
Assault – Physical altercations that result in injury.
Drug-Related Offenses – Possession or distribution of illegal substances.

Status Offenses

Status offenses refer to behaviors that are only considered illegal because of the offender’s age. These include:

Truancy – Repeatedly skipping school without valid reasons.
Running Away – Leaving home without parental consent.
Underage Drinking – Possessing or consuming alcohol before turning 21 in the United States.

Common Misunderstandings

One thing many parents don’t realize is that minors can be arrested for behaviors that might seem minor or easily dismissed. For example, a “harmless” prank like throwing eggs at a neighbor’s house could be classified as vandalism under the law. It’s important to know that the juvenile justice system often views these actions through a broader lens, balancing accountability with the child’s capacity to learn from their mistakes.

The Arrest Process for Minors

When a minor is arrested, the process differs from that of an adult in several critical ways. Here’s what typically happens:

Role of Law Enforcement

Law enforcement officers have specific guidelines for handling minors. If a child is taken into custody, officers should minimize trauma by ensuring the situation is explained in an age-appropriate way.

Rights of the Child

Just like adults, minors have basic legal rights, including the right to remain silent and the right to an attorney. Parents should ensure that their child understands these rights and exercises them when necessary.

Supporting Your Child Through the Process

If your child is arrested, it’s essential to stay calm and focus on providing support. Steps to help include:

Contact a Juvenile Defense Lawyer – Working with a lawyer who specializes in juvenile cases ensures your child’s best interests are represented.
Explain What’s Happening – Use age-appropriate language to help your child understand the process.
Be Present – Stay involved and attend any hearings or meetings related to your child’s case.

Potential Consequences of a Child’s Arrest

An arrest can significantly impact a child’s life, both immediately and in the long term. Being aware of these potential consequences allows families and educators to address them proactively.

Immediate Effects

Mental Health – Children may experience anxiety, fear, or trauma from the arrest process.
School Life – The situation could lead to missed classes, lower academic performance, or disciplinary action from schools.

Long-Term Implications

Education Opportunities – A juvenile record may impact college admission and financial aid eligibility.
Employment – While juvenile records are generally sealed, some offenses might still surface during background checks for certain jobs.

Rehabilitation vs. Punishment

The good news is that the juvenile justice system focuses on rehabilitation. With the right interventions and support, most children can move forward without lasting stigma or detrimental effects.

Prevention and Intervention Strategies

Preventing juvenile delinquency starts long before a child finds themselves in trouble. Investing in proactive measures can make all the difference, especially for at-risk youth.

Community-Based Programs

Many communities offer free or low-cost programs designed to provide positive outlets for children. Examples include mentorship programs, after-school activities, and sports leagues.

Early Support for At-Risk Youth

Teachers, counselors, and other adults in a child’s life play a critical role in identifying at-risk behaviors early. Open communication with children, encouraging emotional expression, and teaching problem-solving skills can all help reduce the likelihood of delinquent behavior.

Parental Guidance

Parents can help by maintaining strong, open relationships with their children. Remaining involved in their lives, setting clear boundaries, and being a positive role model are powerful tools for guiding adolescents through challenging times.

In Conclusion

Understanding how the juvenile justice system works is a crucial step in protecting children’s rights and supporting their growth. Whether you’re a parent, educator, or concerned citizen, it’s vital to approach the issue of juvenile delinquency with empathy and a commitment to rehabilitation over punishment.

If your child is facing legal trouble, getting professional advice is one of the most proactive steps you can take. Contact a trusted criminal defense law firm specializing in juvenile defense to discuss your options and ensure the best outcome for your child.

By working together as families, educators, and communities, we can create environments that prioritize prevention, understanding, and second chances.

Are you ready to discuss the best defense strategies for your kid’s legal situation? Contact Attorney David E. Lewis at 317-636-7514 today to schedule a free consultation and take the first step towards a strong juvenile defense. We’re here to help you understand your child’s legal rights and provide the guidance you need to avoid being convicted. We will get you the best possible outcome to your minor’s criminal case!

When Peer Pressure Turns You Into a Criminal: Understanding Your Legal Rights

Posted on September 6, 2024 by admin

Imagine this scenario—a close friend insists on your involvement in a seemingly harmless act that turns out to be illegal. You’re caught off guard, and before you know it, you’re entangled in a web of legal complications. But how did it escalate to this point? If a person pressures you into committing a criminal act, can you be charged with the crime? This question is more common than you might think, and understanding its implications is crucial.

In this blog post, we will explore the nuances of such situations, providing valuable insights into the realms of criminal liability, legal defenses, and ethical considerations. Whether you’re simply curious or seeking knowledge to protect yourself, you’ll find essential information here.

Call 317-636-7514 When You Need a Local Criminal Defense Attorney in Indianapolis

Understanding Criminal Liability

Criminal liability forms the backbone of criminal law. It determines when an individual can be held legally responsible for committing a crime. To establish whether someone holds criminal liability, two main elements are examined—actus reus and mens rea. Actus reus refers to the actual commission of a criminal act, while mens rea involves the intent or mental state behind the act. Both components must typically be present to establish liability.

For instance, if someone steals with the intention to permanently deprive the owner of their property, both elements are satisfied. However, if the taking of property was accidental, the absence of intent could nullify criminal liability. Understanding these basic elements helps demystify how the law distinguishes between inadvertent actions and deliberate crimes.

In the context of being pressured into a crime, mens rea becomes particularly significant. If you commit an act under duress or coercion, your mental state at the time of the offense can impact the legal outcome. Legal defenses often hinge on proving that the defendant lacked the necessary intent due to external pressures.

The Pressure Defense

When confronted with coercion or threats, individuals may argue the pressure defense in court. This legal strategy acknowledges that people can be forced into illegal acts against their will. However, it’s vital to understand the limitations and requirements of this defense to assess its viability in any given situation.

To invoke a pressure defense successfully, the defendant must demonstrate that they faced an immediate threat of harm. This threat should be severe enough to override their ability to make rational decisions, leaving them with no reasonable alternative but to comply. Importantly, the threat must be unlawful, such as physical violence or harm to loved ones.

For example, if someone threatens you with a weapon, compelling you to commit theft, the pressure defense could be applicable. However, if the threat is non-immediate or avoidable, such as economic pressure, it may not suffice as a legal defense. Understanding these distinctions is crucial for those seeking to use this defense effectively in their case.

Legal Implications

The legal implications of succumbing to pressure and committing a crime are complex. Both parties—the one exerting pressure and the one who yields—can face varying degrees of legal consequences. Understanding these potential outcomes is vital for anyone involved.

The individual applying pressure could be charged with crimes such as conspiracy, aiding and abetting, or coercion. Their role in orchestrating the illegal act makes them legally responsible, regardless of whether they directly committed the crime. The law recognizes that those who manipulate others into criminal acts bear significant culpability.

Conversely, the individual who succumbs to pressure may face charges for the crime itself. However, the availability of the pressure defense can potentially mitigate or even negate their liability. Courts often assess the level of duress and the immediacy of the threat when considering such defenses, impacting the outcome of the case.

It’s essential for individuals in these situations to seek legal advice promptly. Professional guidance can help build a robust defense strategy, ensuring that their rights and interests are protected throughout the legal process.

Ethical and Moral Considerations

Beyond legal ramifications, succumbing to pressure and committing a crime raises ethical and moral questions. How does one weigh their moral responsibility against the fear of immediate harm or coercion? These dilemmas highlight the complex intersections between law and morality.

Ethically, individuals must consider the impact of their actions on themselves and others. While the pressure defense acknowledges external influences, it doesn’t absolve moral responsibility entirely. People must grapple with their conscience and the consequences of their choices, even in dire circumstances.

From a societal perspective, understanding the ethical dimensions of such cases fosters empathy and compassion. It’s crucial to acknowledge the nuanced motivations behind criminal acts, recognizing that not all offenders act out of malice. By fostering dialogue and education, society can better support those facing coercive situations, encouraging preventive measures and rehabilitation.

Conclusion

Navigating the legal landscape when pressured into committing a crime is a daunting task. Understanding criminal liability, the pressure defense, and the ethical considerations involved provides a foundation for informed decision-making. Remember, each case is unique, and seeking legal counsel is crucial to ensure that one’s rights and interests are protected.

If you or someone you know is facing such a dilemma, consider reaching out to a reputable criminal defense law firm for expert guidance. Stay informed, know your rights, and empower yourself to make the best choices in challenging situations.

Should you find yourself in need of further guidance or legal counsel, don’t hesitate to seek professional advice. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case!

A Fresh Start Awaits: Expunging Juvenile Records in Indiana

Posted on June 26, 2024 by admin

Imagine a future where your past mistakes no longer haunt you. For many parents and adults with a juvenile record, this dream can become a reality through the process of expunging juvenile records in Indiana.

This blog post aims to shed light on the importance of expunging these records and provide valuable insights into how it can positively impact lives. Whether you’re a parent concerned about your child’s future or an adult looking to clear your past, you’ll find helpful guidance and hope within these lines.

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Indiana’s Criminal Record Expungement Law

Indiana offers a second chance to individuals with juvenile criminal records through its expungement law, also known as Indiana’s Second Chance Law. But what exactly does this law entail? In essence, expungement is the process of sealing or erasing criminal records from public view, giving individuals a clean slate. The Indiana expungement law for juvenile records is designed to help those who made mistakes in their youth and now seek to put their past behind them.

Key Eligibility Criteria

Eligibility for expunging juvenile records in Indiana is determined by several factors. Firstly, the individual must have completed their sentence, including any probation or parole. Additionally, a certain amount of time must have passed since the completion of the sentence, typically five years. It’s also crucial that the individual has not committed any new offenses during this period.

The Expungement Process

The process begins with gathering all necessary documents, such as court records and police reports. Next, the individual must file a petition for expungement with the court. This petition should include details about the case, reasons for seeking expungement, and any supporting evidence. Once the petition is filed, a hearing will be scheduled where the judge will review the case and make a decision.

Benefits of Expunging Juvenile Records

Impact on Education

Expunging juvenile criminal records has a profound impact on various aspects of life, starting with education. Many colleges and universities conduct background checks as part of their admission process. A clean record can significantly improve the chances of being accepted into a desired institution. Furthermore, students are more likely to qualify for scholarships and financial aid without the burden of a criminal record.

Employment Opportunities

Employment is another critical area where expungement can make a difference. Many employers perform background checks on potential hires. A juvenile record can be a significant barrier to securing a job, especially in competitive fields. By expunging these records, individuals can present themselves as trustworthy and reliable candidates, increasing their chances of landing a job that aligns with their career goals.

Housing Prospects

Housing opportunities also improve with a clean record. Landlords often run background checks on potential tenants. A juvenile criminal record can lead to rental applications being denied. Expungement helps remove this obstacle, allowing individuals to secure safe and stable housing for themselves and their families.

How Juvenile Expungement Works in Indiana

Hiring an Expungement Lawyer

Engaging a criminal record expungement lawyer is a crucial step in the expungement process. These professionals have the expertise to verify your eligibility, navigate the legal complexities, and ensure that all necessary paperwork is accurately completed. They can also provide representation during the court hearing, making a compelling case for why the expungement should be granted. By having a knowledgeable lawyer by your side, you increase your chances of a successful outcome.

Filing the Petition

Filing the petition for expungement involves more than just submitting a form. It requires a well-prepared document that clearly outlines the reasons for seeking expungement and includes all relevant supporting evidence. This is where the expertise of a criminal record expungement attorney becomes invaluable. They can help you craft a persuasive petition that highlights your rehabilitation and the positive impact that expungement will have on your future.

Steps to Expungement

The process of expungement may seem daunting, but it can be navigated successfully with the right guidance. Here’s a step-by-step guide to help you through the process:

Consult a Criminal Record Expungement Lawyer: Hiring an experienced attorney can significantly enhance the chances of a successful expungement. They can provide expert advice, determine your eligibility, help prepare the petition, and represent you in court.
Assess Eligibility: Verify that you meet all eligibility criteria, including the completion of your sentence and the required waiting period.
Gather Documentation: Collect all relevant documents, such as court records, police reports, and any other materials that support your case.
File the Petition: Submit the petition for expungement to the court. Ensure that it includes all necessary details and supporting evidence.
Attend the Hearing: Be prepared to attend the court hearing, where the judge will review your case. Your lawyer will present your case, emphasizing the reasons for seeking expungement.
Await the Decision: After the hearing, the judge will make a decision. If expungement is granted, the records will be sealed, and you can move forward with a fresh start.

Conclusion

Expunging juvenile records in Indiana is a vital step towards a brighter future. It opens doors to better education, employment, and housing opportunities, allowing individuals to rebuild their lives without the shadow of past mistakes. For parents, it’s a chance to secure a better future for their children. For adults with a juvenile record, it’s an opportunity for a fresh start.

Taking action to expunge juvenile records not only benefits the individuals involved but also has a positive impact on the community. It promotes rehabilitation and reintegration, reducing the likelihood of reoffending. By supporting expungement efforts, we contribute to a safer and more inclusive society.

If you or someone you know is eligible for expungement, don’t hesitate to seek professional help. Contact David E. Lewis today at 317-636-7514 to schedule a free consultation for criminal record expungement in Indiana. Start now to take the first step towards securing your fresh start. Our law firm will get you the best possible outcome to your criminal case!

What are the Penalties for Public Intoxication in Indiana?

Posted on October 26, 2022 by admin

Halloween weekend is coming up! Are you prepared to celebrate safely?

Responsible drinking is all about making sure that you drink alcohol in a way that doesn’t put your health or safety at risk. It also means not drinking so much that you end up harming yourself or other people. But this time of year, social gatherings and celebrations are on the rise, as is the case with alcoholic libations. If you plan to hit the town this Halloween weekend, be sure you are prepared to drink safely and responsibly. Even if you don’t drive, being drunk in public in Indiana can get you arrested.

Continue below to learn what might happen if you are arrested and charged with public intoxication on Halloween, plus some important tips for responsible drinking.

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Indiana Public Intoxication Charges Should Not Be Taken Lightly

Public intoxication is a criminal offense in Indiana. The law defines public intoxication as being in a public place while intoxicated to the point that you may endanger yourself or another person. The penalties for public intoxication depend on whether it is your first offense or if you have been convicted of the offense before.

► First Offense: You can be fined up to $500 and/or imprisoned for up to 60 days.

► Second Offense: You can be fined up to $1,000 and/or imprisoned for up to 180 days.

► Third+ Offense: If you are convicted of public intoxication three or more times, you can be fined up to $10,000 and/or imprisoned for up to one year.

In addition to the criminal penalties, you may also be required to complete an alcohol or drug treatment program. If you are convicted of public intoxication, it will also go on your criminal record. This can make it difficult to find a job, rent an apartment, or get approved for loans.

If you have been charged with public intoxication in Indiana, it is important to contact an experienced Indianapolis criminal defense attorney as soon as possible. A criminal lawyer can review the facts of your case and help you understand your options. They can also negotiate with prosecutors on your behalf and work to get the charges reduced or dismissed.

Tips For Drinking Responsibly Over the Holidays

There are a few key things to remember if you want to drink responsibly:

🎃 Drink slowly and have plenty of non-alcoholic drinks in between alcoholic ones

🎃 Avoid rounds of drinks or ‘shouts’, as these can lead to you drinking more than you intended

🎃 Don’t drink on an empty stomach – food will help slow down the absorption of alcohol into your system

🎃 Know your limit and stick to it

🎃 Don’t drink if you’re taking medication that could interact with alcohol

If you follow these simple guidelines, you’ll be well on your way to drinking responsibly and reducing the risks associated with alcohol consumption. So, have a safe and happy holiday season!

Were you or a loved one arrested over the Halloween weekend? Do not try to handle your case on your own, hire a private lawyer today. Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What You Can Expect From a False ID Charge in Hamilton County

Posted on September 28, 2022 by admin

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

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Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Can My Teen Be Arrested for Running Away?

Posted on June 15, 2022 by admin

As kids, many of us threatened to run away from time to time when displeased with our parents. But when does an innocent threat or pretense of running away from home cross the line into something more serious, possibly consequential? For teenagers, running away from home could inflict legal penalties, while parents may face certain liability.

Continue reading to learn the potential consequences for teenagers who run away from home, plus what to do if you or your teen are facing criminal charges as a result.

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Who Gets in Trouble for Running Away?

A runaway is a minor person under the age of eighteen years old who has fled their legal or temporary residence without parental or custodial permission. Although most states do not impose any sort of criminal penalties for parents or minors in the case of running away, there could still be legal consequences for both. Along with parents and guardians, any adult, relative or not, who houses or hides a runaway will face criminal charges in all states. So, all parties can face legal consequences or liability for a runaway.

Legal Consequences for Runaways

Parents are legally responsible for their minor children. For instance, parents cannot allow their children to miss too many days of school, whether their children live with them or not. If a child were to accrue compounded absences from school, their parents or legal guardians would be held responsible under truancy laws. Truancy is a status offense. In the case of a runaway, parents would need to contact the school every day to report that their child has still not returned to avoid being held responsible for their kid’s truancy.

Status Offenses

A status offense is only illegal for those who are underage, or minors. A minor is someone that is not old enough to partake in a certain behavior or action, which means a 20 year old is a minor. For example, a person under 16 years of age cannot operate a vehicle, a person under the age of 18 cannot smoke or purchase cigarettes, and a person under the age of 21 cannot consume nor purchase alcohol. These are all examples of minors. Juveniles are between the ages of 10 and 17 years old.

Running away from home as a minor is considered a status offense. Along with truancy and running away from home, teenagers can also get in trouble for curfew violations. Curfew violations are another type of status offense.

Another common status offense among teenagers is the act of being “ungovernable” or beyond the control of their parents or guardians. This can actually be used as a defense for parents who are facing liability for their teen runaway. They can claim that they cannot control the actions of their teenager, and therefore cannot enforce their attendance in school or an alternative program.

Penalties for Running Away From Home

The legal penalties for running away from home will depend on various factors, from the runaway’s track record to their current living situation and everything in between. In most cases, both parents and teenager are ordered to attend counseling and educational programs but may also face fines and restitution. Teenagers who are licensed drivers may have their license suspended temporarily and might be ordered to complete community service hours. In serious scenarios, the teenager may be placed with a temporary guardian.

Typically, when police catch a runaway, they just give them a ride home or convince the parents/guardians to let the teenager stay a friend’s house for the night. In other cases, police may detain the teenager temporarily at the juvenile center while making arrangements for them to go home or to a friend’s house, or to charge them with a status offense. Sometimes, they will take them to a nearby shelter for homeless youths.

Where to Get Help

If your child runs away from home, contact the police right away and make a report. The police department will submit your child’s full name and physical description into the National Crime Information Computer (NCIC).

The National Runaway Safeline (NRS) is a safe communication resource for homeless and runaway youths. They provide free advice and referrals to local resources for runaways and guardians. NRS is available in all 50 states.

Is your minor child facing criminal charges after running away from home in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What are the Penalties for Having a Fake ID in Indiana?

Posted on May 13, 2022 by admin

Whether you are a parent of a student who was just picked up for using a fake ID, or someone under the legal drinking age entertaining the idea of obtaining one to get into local bars and make alcohol purchases, it is important for you to understand the possible penalties for being caught with a fake ID in Indiana.

Continue reading to learn what to expect after being arrested on a fake ID charge, plus what you can do to best protect your rights and your future freedoms.

Criminal Lawyer for False ID Charges Indianapolis Indiana 317-636-7514

Expected Fake ID Penalties in Indiana

False identification can come in the form of a card, like a driver’s license or state ID, as well as a federal form of identification, like a passport or passport card. Even claiming to be eighteen or twenty-one years old to a shopkeeper or bartender can result in a false identification charge in Indiana. If arrested for being in possession of or attempting to use false identification in Indiana, the expected criminal charge will be a Class C misdemeanor, which comes with a long list of possible and serious consequences.

Although the penalties for a Class C misdemeanor conviction on a fake ID charge are wide-ranging and will vary from case to case depending on the unique circumstances and criminal history of a defendant, all convicted individuals face up to 60 days in jail, plus can expect to have their driver’s license suspended for one year and be fined up to $500. It is also possible for them to be court ordered to serve community service, usually around 40 to 80 hours.

Fake ID Charges and Penalties:

⚖ Class C Misdemeanor

▸ $500 Fine
▸ Up to 60 Days in Jail
▸ 1 Year Suspended Licensed
▸ Marks on Driving Record

Why Indiana Criminal Defense is Vital After a False ID Arrest

As you can see from the penalties listed above, being convicted of a class C misdemeanor for a fake ID charge can come with some serious and lasting consequences. That is because it is considered an alcohol-related offense. In the case that you are sentenced to 60 days in jail, you face the risk of missing work pay, being terminated from your job, missing school, losing time spent with family, and all sorts of other life responsibilities and pleasures.

To avoid the maximum penalties for your criminal charges, it is critical to retain aggressive and skilled Indiana criminal defense. They can build you a strong case against your charges and reduce the severity of your penalties.

Looking for a criminal defense lawyer to fight your false ID charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for fast and experienced criminal defense in Indianapolis, Indiana. We represent both adolescents and adults, and can hold meetings over the phone, via video conferencing, or in person at our office.

8 Ways You Can Be Charged With Intoxicated Driving

Posted on May 4, 2022 by admin

Intoxicated driving charges are very serious, and the law is designed to use such cases as a means to set an example for the rest of the public. The laws surrounding OWI charges vary from state to state, as do the possible enhancements that can increase the severity of the charges. There are several ways you can be charged with operating a vehicle while intoxicated.

Continue below to learn the 8 types of DUI charges, what they mean, and how you can beat them with skilled legal representation.

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Types of OWI Enhancements

Potential OWI enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a blood alcohol concentration (BAC) of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Aggravated DUI

An aggravated DUI is any average DUI charge, but with enhancements. See enhancement examples above. Aggravated DUI charges are the same thing as Felony DUI charges, which is the term used in Indiana. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, driving intoxicated without a valid license, having multiple convictions within a short time frame, and more.

Drugged Driving (DUID)

Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can lead to a DUID charge in Indiana, which stands for “driving under the influence of drugs.” A police officer can legally arrest you for a DUID charge simply based on a reasonable suspicion that such drugs are in your system.

DUI Accidents

Driving under the influence of drugs or alcohol is a serious crime in itself; but couple it with an accident and the charges get worse. In Indiana, DUI-related accidents are labeled as Felony DUI charges, and come with severe penalties.

DUI Manslaughter

When DUI accidents end with fatalities, the charges increase to DUI manslaughter. Although the fatalities in these cases are unintentional, the charge still come with very severe penalties in Indiana. DUI manslaughter is a Level 5 Felony, which is a very serious charge.

Felony DUI

First-offense DUI charges are generally misdemeanors. But with enhancements or previous convictions, DUI charges turn into a felony very fast. Such factors include multiple convictions, fatalities, presence of children, bodily harm, property damage, and more. With the help of a tough defense lawyer, felony DUI charges can sometimes be reduced to lower felonies or misdemeanors.

Misdemeanor DUI

A typical DUI charge in Indiana is a misdemeanor crime, unless there are enhancements involved, or a person has prior DUI convictions within a certain time frame (usually 5 to 10 years). First time DUI offenses are Class C misdemeanors, but with BAC levels higher than 0.15%, they jump to Class A misdemeanors. With the help of a tough defense lawyer, Level 6 felony DUI’s can often times be reduced to DUI misdemeanors.

Property Damage DUI

When a DUI accident ends with property damages, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And although these are considered aggravated DUI’s, they are not always charged as felonies. However, if property damages are extensive, the charge is likely to increase to a felony.

Underage DUI

Indiana has a “per se” stance on underage drinking and driving. This means there is a zero-tolerance rule for underage drinking. Any person under the age of 21, the national legal drinking age, is forbidden to consume or purchase alcoholic beverages. Underage drinking is a crime in itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, hefty fines, community service, and diversion programs.

Are you looking for criminal defense attorney who can help you reduce your OWI criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about your Indiana DUI charges. Our legal team can help you obtain the best possible outcome to your criminal matters!

Is Prank Calling a Crime in Indiana?

Posted on March 2, 2022 by admin

We’ve all been there at some point in our childhood. Prank calling is almost an expected milestone of growing up. But can it come with some unexpected consequences? Continue reading to learn how prank calling can go from an innocent and playful trick to an actual Indiana crime.

Harassment Charges Lawyer Indianapolis Indiana 317-636-7514

Harassment Laws in Indiana

Although prank calling is a common practical joke, it can be taken too far. In such cases, criminal charges can be filed against the caller in Indiana. Harassment is the most common and likely criminal charge that can arise from a prank calling situation. However, there are some other criminal charges that a person can face, such as disorderly conduct, hate crime, and even wiretapping. Criminal charges and subsequent penalties for prank calling will vary among jurisdictions.

Harassment

One can be charged and convicted of harassment as a result of prank calling activity if their calls are late at night, incessant, derogatory, aggressive, sexual in nature, or threatening. The scale on which the law categorizes and penalizes prank call harassment will vary from county to county.

Disorderly Conduct

If a person disrupts the peace of the community or behaves in a way that is alarming or threatening to others, they can be arrested and charged with disorderly conduct. Most disorderly conduct charges stem from drunk or drugged situations, but prank calling in a way that causes fear, anxiety, and/or discomfort can lead to such legal consequences.

Hate Crime

In the case that prank calling activity involves derogatory remarks, sounds, and impressions pertaining to race, nationality, ethnicity, religion, gender, sexual orientation, or disability, a caller could face hate crime criminal charges. These are serious criminal charges that often come with severe penalties, like heavy fines and jail time.

Wiretapping

Wiretapping criminal charges are on more of a white-collar crime level. If prank calling involves recording the conversation without the mark’s knowledge, and therefore, consent, the caller could be charged with wiretapping. Wiretapping is a felony, which renders heavy fines, community service, and jail time.

Did some prank calling get you or your kids in trouble with the law recently? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

What to Expect From Juvenile Court

Posted on February 8, 2022 by admin

A person is legally deemed a juvenile if they are under the age of 18. Although juveniles are also referred to as minors, a minor can also be someone who is under 21 years old and therefore, still prohibited to consume or purchase alcoholic beverages. If your pre-teen or adolescent was arrested, they will likely be prosecuted in the Indiana juvenile court system.

Continue below to learn what to expect when you enter the court room for your child’s case, plus how to best prepare your teen’s defense to avoid the maximum penalties for their charges.

Juvenile Delinquency Lawyer Indianapolis Indiana 317-636-7514

Delinquent Offenses Versus Status Offenses

Kids will be kids, but when kids break the law, they can be subjected to criminal penalties in the juvenile court system. There are two primary types of juvenile crimes: delinquent offenses and status offenses. Delinquent offenses are crimes that can be committed by children and adults, like driving without a license, vandalism, shoplifting, illegal drug use, assault, and battery. Status offenses are crimes that can only be committed by juveniles, such as curfew violations, truancy, running away from home, and underage drinking.

In most cases of status offenses, at least the minor ones, juveniles are often given the option to cooperate with a supervised probation and behavioral modification plan rather than going in front of a judge. In more serious cases of both status and delinquent offenses among juveniles, a child or teenager may be required to go to court and be adjudicated by a judge.

Juvenile Court Process of

When you enter juvenile court, you will see a lot of people present, but rest assure, they are there to serve a good purpose. You can expect to see your own criminal defense attorney, the prosecutor, the magistrate or presiding judge (or in some cases, a commissioner or referee), an intake officer, and possibly a probation officer.

▷ Initial Hearing – The first hearing is known as the initial hearing. This is when the juvenile is told what they are being charged with. During the initial hearing, it is imperative that you have a juvenile criminal defense lawyer present and working your case.

▷ Detention Hearing – If a juvenile is being detained by the Department of Corrections, their detention hearing should take place within the first 48 hours of arrest; but this does not include holidays or weekends.

▷ Waiver Hearing – If the prosecutor wants the judge to move the juvenile’s case from juvenile court to adult court, there will be a waiver hearing scheduled. Again, it is critical to have private criminal defense for your juvenile if a waiver hearing is set into motion.

▷ Fact-Finding Hearing – When witness testimonies are required for juvenile case, a fact-finding hearing will be scheduled in which the witnesses will tell the judge what they know about the case.

▷ Review Hearing – A judge will request a review hearing after juvenile’s conviction to see how they are doing with their progress, and court orders.

Juvenile Sentences

If a juvenile is sentenced for their offense, they are often put on probation, which can be either supervised or unsupervised, but in more serious cases, they can be sentenced to the Department of Corrections. for juveniles. Additional court ordered penalties that may be headed down to a convicted juvenile include community service, restitution, school attendance, rehabilitation, counseling, diversion programs, and house arrest.

A juvenile’s arrests and convictions stay on their permanent record even after they turn 18. However, these records may be eligible for criminal record expungement or record sealing. Talk to a trusted Indianapolis criminal defense lawyer to learn more about Indiana’s Second Chance Law if your juvenile has criminal record, or if you yourself have a criminal record from when you were a minor.

Juveniles Tried in Adult Court

If a child or adolescent commits a very serious crime, such as one in the realm of homicide, they may be tried in the adult court system. In such case, it would be critical to your child’s future to hire a skilled and aggressive Indianapolis Indiana criminal defense law firm to represent the case. This would be the best way for them to avoid the maximum penalties for the charges, including prison time.

Is your child or teenager facing criminal charges in Indiana and you have no idea how to protect them from a harsh future? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.