What You Can Expect on Misdemeanor Probation

Posted on January 18, 2022 by admin

If you are facing misdemeanor criminal charges, you will likely be sentenced to probation if convicted. Probation is a serious court order that requires astute discipline and cooperation by you, the defendant. Just one broken rule or violation of your probation terms and conditions can get you into a whole other set of legal troubles, which does nothing more but impose more penalties and lengthen your time under the supervision of the law.

Continue reading to learn some basic information about probation, keeping in mind that cases vary from person to person depending on the unique circumstances of their criminal history, convictions, and more.

Misdemeanor Probation Violation Lawyer Indianapolis IN 317-636-7514

Misdemeanor Offenses Can Pose a Wide Range of Penalties

A misdemeanor crime is a lesser offense compared to a felony and cannot be punished by more than one year in jail according to federal law. However, misdemeanors still come with an extensive list of possible penalties if convicted. The types of penalties and the severity of punishment will vary from person to person depending on their criminal history.

While some will get off with minor penalties and setbacks, others may face actual jail time. Typically, judges prefer to sentence minor misdemeanor convictions with fines, community service, and probation, in lieu of incarceration. Fines can reach up to $5,000, and community service can range between 10 hours and over 100 hours, depending on the circumstances of the conviction.

You are NOT a Free Member of Society on Probation

Although probation is a tool used as an alternative to incarceration, a person is not technically a free member of society. Like all others, an individual on probation must adhere to all local, state, and federal laws; however, they must also obey a whole separate set of rules until their time is served. The rules of probation will vary from person to person depending on the nature of their conviction and criminal history.

Most often, individuals on probation are expected to remain in the state, maintain full-time employment, refrain from committing any further crimes, and stay out of contact with other convicted criminals. Those convicted of intoxication-related crimes will likely have to refrain from alcohol consumption, take drug and alcohol education courses, go to a victim impact panel, and even have their drivers’ license suspended.

Probation Officers are the Real Deal So Take Them Seriously

In all cases of probation, a person is assigned a “probation officer” who has the role of overseeing their case and supervising their progress. This is a real officer of the court who will request mandatory check-ins, usually month to month, or every other month, during which they may implement a routine drug screening and ask questions regarding their rehabilitation.

Any changes that may occur during a person’s probation period must be communicated with their assigned officer, including addresses, phone numbers, employment, health, and more. They might even have to ask their officer for permission to travel outside of the city.

If a person breaks a rule of their probation, their officer will immediately notify the judge who originally sentenced them, and the person will face additional criminal charges. If this happens, it is possible for a judge to revoke probation privileges and impose jail time.

Are you currently facing criminal charges in Indiana? Or did you just violate your probation? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your probation violation.

Do I Need a Criminal Lawyer to Reinstate My Suspended License?

Posted on November 2, 2021 by admin

Has your license been suspended? Whether your license was suspended recently or some time ago, it is never too early or too late to fight it. If you wish to have your driving privileges reinstated, your best chance at success is to retain the counsel of a skilled and experienced Indianapolis criminal defense lawyer.

Continue below to learn why a lawyer is important to the outcome of your driving future and freedoms, as well as how to get started on your petition to turn around your suspended drivers’ license in Indiana.

Indianapolis Indiana DUI Lawyers 317-636-7514

Facts About Suspended Driving Privileges in Indiana

Drivers’ licenses are suspended for a variety of reasons, most commonly, serious traffic violation citations and excessive speeding tickets or accumulated points. Another frequent reason licenses are suspended are due to intoxicated driving arrests. If a person is arrested for operating a motor vehicle under the influence of drugs, alcohol, or other controlled substance, they will likely be subjected to a suspended drivers’ license as part of their sentencing.

Also, if a driver refuses a breath or chemical test from a law enforcement officer, the driver’s driving privileges are instantly suspended for 6 months in Indiana. At the time of registration, all drivers agree to this penalty. You must sign in accordance with this regulation if you want to be a legally, registered driver.

Most drivers’ license suspensions fall between 90 days and 6 months, but some can be ordered to up to 5 years, including probationary driving terms. Additional reasons why drivers’ licenses are suspended:

▷ Lack of Auto Insurance
▷ 18+ Active Points
▷ Driving While Suspended
▷ Failure to Appear for Court
▷ Past Due on Indiana Traffic Ticket
▷ Failure to Pay Traffic Fine

How to Reinstate a Suspended Drivers’ License

First and foremost, to anyone who has been charged with a DUI/OWI, you only have 10 DAYS from the time of arrest to protect your driving privileges. Act FAST and contact an Indianapolis criminal attorney as soon as you have access to a phone. Those charged or convicted of a DUI may be entitled to a “hardship” or “probationary” license, which is now referred to as specialized driving privileges (SDP).

For all other suspended drivers’ license cases, it is still required to hire a skilled criminal lawyer for help recovering your driving privileges. They will ensure that all proper forms and documents for license reinstatement are completed properly and on time, and then fight for your driving rights and freedoms in Indiana traffic court and appellate court.

During the reinstatement process, your attorney can help get your active points reduced or eliminated from your driving record, direct you on how to pay fines and make restitution, help you enroll in a driver’s safety program, and even have your name removed from the Previously Uninsured Motorists registry.

Not sure who to trust with your drivers’ license reinstatement legal needs? 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.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

What Happens if I Violate My Probation in Indiana?

Posted on October 22, 2021 by admin

You are on probation because the courts decided you do not need to be in jail to serve out your criminal sentence. Although you are not in jail, being on probation has many restrictions and rules. Breaking any of these terms and conditions of probation will lead to a probation violation. What happens if you violate your probation in Indiana? Continue reading to learn what you need to know about violations of probation.

Probation Violation Attorney Indianapolis Indiana 317-636-7514

After a Probation Violation

Once you are assumed to have violated the terms of your probation, the overseeing probation officer assigned to your case will notify the courts. Then a probation violation hearing will be scheduled. If you are on probation for a felony conviction, an arrest warrant will be issued to take you into custody as soon as possible.

Law enforcement will come to your house or place of employment. If you were convicted of a lesser criminal offense, such as a misdemeanor or infraction, you will likely just be notified of the hearing and expected to arrive on time.

Probation Violation Hearing

At the probation violation hearing, the judge will decide whether to revoke your probation and place you in jail, prolong your probation, or dismiss the violation altogether. Either way, if you are ever in violation of your probation, it is critical to hire an Indianapolis criminal defense lawyer immediately.

During the hearing, prosecution will use all sorts of legal tactics to prove that you in fact violated the terms and conditions of your probation. Prosecution simply needs to prove their case with a preponderance of the evidence, which is a legal term that basically means they have enough proof to show you are more likely than not in violation of your probation.

Determined to Be in Violation

If prosecution is successful and the court decides you have in fact violated your probation, your probation sentence could be revoked, and you could be sent to jail. The amount of time you’ll be sentenced to jail will depend on the Indiana sentencing guidelines for the particular offense you are convicted of.

With a skilled Indianapolis Indiana criminal defense attorney, you can feel confident that jail time will not be an end result to your probation violation hearing. An experienced lawyer can build an impactful case against your probation violation charges and negotiate a more lenient sentence on your behalf. They may even be able to throw your violation allegation out of court altogether.

Are you looking for a criminal defense law firm to help you beat your probation violation in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for probation violations in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

What is Split Sentencing in a Criminal Case?

Posted on September 15, 2021 by admin

When a defendant is charged with a crime, and later found guilty of their charges, they will face sentencing by a judge. A defendant’s sentence will depend on several factors, all of which will further differ among jurisdictions. A common outcome for convicted criminals is a split sentence. Continue reading to learn more about split sentences, including eligibility standards, possible drawbacks, and more.

Indianapolis IN Criminal Defense Attorneys 317-636-7514

How Split Sentencing Works

A split sentence is simply one sentence separated into two parts, namely serving as an alternative to an extended prison sentence. For instance, if a defendant is sentenced to jail time, followed by a period of probation, they are entering into a split sentence.

There are many assumptions as to why courts have adopted this form of penalization, some of which include jail overcrowding, trade and industry losses, and progressive movements in the judicial system. Regardless of the reason why it exists, split sentencing is a real possibility for many defendants convicted of a felony crime.

In most cases, a judge decides where to make the split between incarceration and probation on the basis of time. A convicted felon may serve 3 years in prison and 5 years on probation, while another may serve 6 months in jail and 2 years of probation. It all depends on various factors of a convict’s crimes, criminal history, and more.

On the other hand, some states set specific guidelines that judges must adhere to when splitting a sentence for a criminal. Take Alabama for example; in Alabama, if a defendant’s overall sentence is less than 15 years, a judge can order no more than 3 years of imprisonment. Once the convict is released from jail after three years, they must serve the remainder of their sentence on probation, which may or may not include house detention and monitoring.

Eligibility Requirements for Receiving a Split Sentence

Not every convict is given a split sentence. There are certain eligibility requirements, all of which are dependent on the criminal codes specific to each state. Continuing the example of Alabama, a convict who is found guilty of a sexual assault involving a minor is automatically ineligible from being granted a split sentence. Another common disqualification is the length of a convict’s overall sentence. Normally, a sentence exceeding 20 years is exempt from split sentencing.

Possible Drawbacks of a Split Sentence

There are several potential consequences of being handed a split sentence. Two of the most common drawbacks are not being given sufficient time served in jail, or the possibility of having the sentence revoked. Another drawback could be the inconvenience of probation. Some agree that stacking is a possible consequence of a split sentence, which refers to two or more sentences being served consecutively. Also, many states still consider a person a felon, even if they are granted a split sentence.

Do you want to avoid the maximum penalties for your state or federal criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

You Should Also Read:

What is the Preemption Doctrine?
Need-to-Know Courtroom Terms and Definitions
What is a Notice to Appear?

How to Request Early Termination of Probation in Indiana

Posted on February 16, 2021 by admin

When convicted of a criminal offense, an offender can be ordered to serve probation in place of jail time. The terms and conditions of an offender’s probation will vary depending on many factors, such as local jurisdiction, severity of offense, criminal history, and much more. Those on probation can be ordered to serve anywhere from 6 months to 5 years or more, with an average probation sentence of 1 to 2 years. In some states, including here in Indiana, some offenders can petition the courts to release them from their terms of probation earlier than ordered. This is known as applying for early termination of probation. However, not all will be granted such requests. There are several requirements that must be met in order to qualify for early probation termination in all states that permit it under law.

Continue reading to learn more about these legal relief option, and how you might be granted an early release from your probation in Indiana.

Indianapolis Criminal Defense Probation Lawyer 317-636-7514

Early Termination of Probation

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as complete all court-ordered classes, community service, or rehabs.

So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term. But in some cases, a person can petition the courts for an early termination of probation, therefore releasing them from legal supervision and all terms and conditions of their sentence.

Indiana Requirements for Early Release From Probation

The process of applying for early termination of probation can begin in one of two ways. The offender can file a motion within the court they were convicted, or they can simply write a letter to their U.S. Probation Officer. In all cases, you cannot do this yourself. You must either ask your probation officer, or hire a lawyer. It is strongly encouraged to enlist the services of a skilled and experienced Indianapolis criminal defense lawyer to file an early termination of probation motion on your behalf. The process is not as cut as dry as submitting a petition, so it is wise to have a learned professional navigate the filings and deadlines for you.

To even be considered for early termination of probation, you must have already served at least one year of your probation while having met all required conditions, including obtaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Another important qualifying factor is the severity of crime. Felonies are not qualified for early termination of probation. Those who were convicted of a misdemeanor or infraction can be granted an early release from probation if they meet all other requirements.

How to Get Off of Probation Early in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to begin your motion for early termination of probation in Indianapolis, Indiana. Our seasoned criminal defense lawyers are well-versed in all Indiana appellate laws and proceedings, and can get your early release from probation granted faster than you can shout, “Freedom!” We offer free consultations to allow you an opportunity to get all your criminal defense FAQS straight, and learn all your options for petitioning the court to end your probation sentence early. Contact us today to schedule a meeting with a licensed criminal defense lawyer.

How to Defend Your Disorderly Conduct Charges in Indianapolis

Posted on September 6, 2019 by admin

Also referred to as “breach of peace” or “disturbing the peace”, the crime of disorderly conduct happens to be one of the most frequently-filed charges in the United States. This tells you that there must be a large portion of those charges that are falsely or inaccurately filed. If you have been arrested for disorderly conduct recently, whether in a domestic disturbance situation, public intoxication incident, or some other circumstance of being a public nuisance, it is likely that you are not even guilty.

Often times, people are just in the wrong place at the wrong time, while other times, cases of disorderly conduct are really just cases of miscommunication, misunderstanding, or even mistaken identity. Regardless of the circumstances surrounding your recent disorderly conduct arrest, it is vital that you begin building a strong and impactful defense to fight your charges, and ultimately, avoid the maximum penalties if convicted.

Continue reading to learn what the common Indiana penalties are for disorderly conduct convictions, as well as, how you can obtain a strong defense against your disorderly conduct charges, starting today!

Indianapolis Disorderly Conduct Lawyer 317-636-7514

Disorderly Conduct in Indiana

Disorderly conduct is a wide spectrum of behaviors, from minor acts of public protesting, public urination, and drunkenly passing out on a public bench, to more serious ones like, causing a fight in a bar, disobeying police orders, or public indecency. Basically, disorderly conduct can be any behavior that is likely to cause a public disruption or non-peaceful occurrence, such as any conduct that causes reasonable people alarm, fear, annoyance, anger, or an increased likelihood to engage in illegal activity.

Disorderly conduct is also referred to as a public disturbance or public nuisance offense. Here is what you can expect if you are found guilty of disorderly conduct in Indiana:

Public Nuisance (No Enhancements)
Class B Misdemeanor – Punishable by up to 180 days in jail, fines up to $1,000, and additional court-ordered penalties such as community service or probation.

Public Nuisance (With Enhancements)
Level 6 Felony – Punishable by 1 year or more in jail, up to $5,000 in fines, and additional court-ordered penalties.

How to Build a Strong Defense for Your Public Nuisance Charges

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms when facing disorderly conduct charges in Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

The Difference Between Aggravating and Mitigating Factors

Posted on August 5, 2019 by admin

Sometimes, when a person is charged with a criminal offense, their charges can include aggravating factors. Generally, the inclusion of such factors increase the seriousness of the charges, and therefore, the penalties upon conviction. Many people confuse aggravating factors with mitigating factors, which are quite the opposite. If you are facing criminal charges with certain aggravating or mitigating factors, it is vital that you understand what this means for your case, your defense, and ultimately, your rights to freedom.

Continue reading to learn the difference between aggravating factors and mitigating factors, including what to do if you are facing such criminal charges in Indiana.

Aggravating Factors

Aggravating factors are not something you want as a part of your criminal charges. Such factors are specific circumstances of a crime that intensify the severity of the offense, elevate the criminal charges, and increase the maximum penalties upon conviction. Here in Indiana, there are eleven aggravating circumstances provided by statute:

➀ The use of a weapon;
➁ Significant harm, injury, loss, or damage to victim;
➂ Victim of crime is less than 12 years old;
➃ Victim of crime is a senior citizen (65 years old+)
➄ Offender has delinquent or criminal history;
➅ Crime is committed in the presence or vicinity of a minor less than 18 years old;
➆ Crime violates a protection order;
➇ Crime violates probation, parole, pretrial release, etc.;
➈ Offender knew the victim of the crime was disabled;
➉ Offender had active custody or control of the victim;
⑪ Employee of a penal facility commits inmate trafficking.

Mitigating Factors

If there are mitigating factors involved in your criminal charges, you can feel a slight sense of relief. Mitigating factors are certain circumstances of a criminal offense that might influence a court to be less strict when it comes to judgement and sentencing. There are several examples of mitigating factors, some of which might include the following:

▷ Offender was strongly provoked;
▷ Substantial cause to excuse or justify the crime exist;
▷ Offender has no delinquent or criminal history;
▷ Crime was the result of conditions that are unlikely to happen again;
▷ Victim of crime encouraged or aided the offense;
▷ No bodily harm not threat of harm resulted;
▷ Offender did not know the crime would cause nor threaten serious harm;
▷ Offender is a good candidate for probation or short term jail time;
▷ Offender’s character demonstrate they are not likely to commit the crime again;
▷ Offender makes restitution to victim;
▷ Imprisonment would cause hardship to offender and their dependents;
▷ Victim is habitually abusive to offender;

Important Note:

Although the court usually compares and considers the number of aggravating factors versus mitigating factors when reaching a sentencing decision. But keep in mind that courts are explicitly allowed to enforce any sentence that is authorized by the Indiana constitution, as well as these statutes, regardless of any of the above-mentioned factors. Always consult with a licensed and experienced Indianapolis criminal defense attorney who can educate you on your case and the best course of action for defense.

Where to Get Started on Your Criminal Defense

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

Posted on February 1, 2018 by admin

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

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

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 To Expect While On Probation

Posted on April 25, 2017 by admin

Probation Violation Lawyer 317-636-7514

Several offenders are put on probation each year, usually as an alternative to jail time. If you are one of these individuals, you should be relieved. Probation is a more lenient consequence to criminal charges compared to doing time in jail. After all, no one in their right mind wants to spend time behind bars, so it comes as no surprise that most offenders accept and appreciate probation in lieu of incarceration.

Although probation can be easy with cooperation, it can still be a scary time for anyone, especially first-time offenders. For this reason, it is helpful, and often comforting, to know what probation will mean for you. Continue reading to learn what you can expect while on probation in Indiana.

Terms of Probation

The first element you should know about probation is the importance of obeying all the rules. There is a long list of rules and restrictions while on probation, all of which must be adhered to 100% or severe legal and financial consequences will follow. Depending on the county of your conviction and probation, the rules will vary. However, all jurisdictions enforce the general requirements of probation.

General Conditions of Probation Include:

☛ Offenders must obey all laws and refrain from all further criminal activity.

☛ Offenders must satisfy all court-ordered penalties, such as community service, fines, fees, alcohol and drug education courses, counseling, substance abuse rehabilitation, and more.

☛ Offenders must be present and on-time for all probation meetings with their assigned probation officer.

☛ Offenders must refrain from all alcohol and drug use.

☛ Offenders must refrain from being in the company of other convicted felons and criminals.

☛ Offenders must take and pass all drug screenings on the date they are scheduled.

☛ Offenders must remain in the state.

☛ Offenders must maintain full-time employment.

☛ Offenders must immediately inform probation officer of address and job changes.

Probation Violations

If you break any of the rules of your probationary terms, your probation officer will find you to be in violation of your probation. Whether you are 5 minutes late for a probation meeting, or caught in a routine traffic stop with a convicted felon in your company, you will face penalties for the violation regardless of how minor the infraction. It is important to have an experienced Indianapolis criminal defense lawyer on your side to help you navigate all your probation violation legal problems. They are your best chance at avoiding the maximum penalties for probation violations, such as hefty fines, extended probation, and even jail time.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against probation violations in Indianapolis, Indiana. Our law firm has the experience, resources, and determination to build you an impactful defense to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense.