Understanding Your Rights: A Guide to Encounters with Law Enforcement

Posted on August 22, 2023 by admin

Interactions with law enforcement can be intimidating, prompting feelings of uncertainty and confusion. It’s crucial, however, to be aware that even in such situations, you have specific rights and protections granted by the Constitution. This blog post aims to elucidate these rights, focusing on issues such as illegal searches, and providing some practical advice to ensure you’re equipped with the knowledge to navigate these encounters effectively. Knowledge is power – and in this case, it’s the power to protect your civil liberties. Continue reading to get started!

Call 317-636-7514 When You Need a Criminal Attorney Near Indianapolis

Your Rights Under the Fourth Amendment

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. This means that in most cases, officers are required to obtain a warrant before entering your house or searching through your possessions – regardless of whether they have probable cause. It’s important to note, however, that there are several exceptions to this rule, including consenting to a search by the police and any evidence of criminal activity in plain view.

Your Rights During a Cop Stop and Frisk

If you’re stopped by the police, it’s important to remember that you have certain rights under the law. The police must have reasonable suspicion to believe that a crime has been, is being, or is about to be committed before they can search you. If they don’t have this suspicion, then it would be illegal for them to search you – and any evidence that is found could potentially not be used in court. When engaging with law enforcement, try your best to remain calm and answer their questions truthfully. You also have the right to refuse to answer any questions, and you should not give consent to any search.

Your Rights if You’re Arrested

If you’ve been arrested, it’s essential that you remain aware of your rights. You have the right to remain silent – and anything you say can be used against you in court. You also have the right to an attorney in most cases, so don’t hesitate to ask for one if you believe it’s necessary. It’s also your right to know the charges against you and why you were taken into custody. If you are under arrest and the arresting officer fails to read your Miranda Rights, you might be wondering what this means for you.

Miranda Rights are important legal protections that must be given to you by law enforcement before they interrogate you. If they don’t, any statements you make during questioning may not be admissible in court. This does not mean that you will automatically be let go, but it does mean that the prosecution may not be able to use certain information against you if they were obtained during an interrogation without reciting your Miranda Rights. It is essential to understand the importance of Miranda Rights and how to protect your rights when you are arrested.

What You Can Do to Protect Your Rights

When encountering law enforcement, it is important to remain aware of your rights and act in ways that can help protect you. If you feel that your rights have been infringed upon, make sure to take notes and document the encounter as best as possible. It’s also helpful to stay calm and non-confrontational, even in difficult situations – this can go a long way in helping diffuse the situation without escalating it further. It’s also beneficial to contact an experienced criminal defense lawyer if you ever find yourself in a situation where your legal rights have been violated.

In Summary

Understanding your rights is essential to protecting yourself from unreasonable searches and seizures by law enforcement. With the knowledge of these rights, it’s important to stay cognizant of them during any encounters with the police – and make sure that they are respected. It’s also beneficial to contact an experienced criminal defense lawyer if you ever find yourself in a situation where your legal rights have been violated. With the right understanding and preparation, it’s possible to navigate encounters with law enforcement safely and effectively.

Are you seeking an aggressive criminal defense litigator who can successfully represent you at a price you can actually afford? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

Unraveling the Complexities: Coercion in Criminal Cases

Posted on August 16, 2023 by admin

In the complex world of criminal law, few concepts are as misunderstood and fraught with nuances as coercion. Coercion, as it relates to criminal cases, manifests in a myriad of ways, often blurring the lines between guilt and innocence. It’s a critical topic that commands our attention as it encroaches upon the fundamental principles of justice and fairness.

In this blog post, we will seek to demystify coercion, delve into its implications within the realm of criminal law, and shed light on the potential ramifications of coercion charges. Our aim is to provide you with an insightful narrative that amplifies your understanding of this topic and its significance in the criminal justice system.

Call 317-636-7514 if You are Facing Coercion Charges in Indianapolis Indiana

What is the Coercion Definition?

Coercion is a concept that has been around since antiquated law and government, but its definition and application have evolved over time. Generally speaking, coercion involves the use of physical or psychological force to compel someone into taking an action against their will. More specifically, according to U.S. law, it is defined as “the use or threatened use of unlawful force upon any person which induces him or her to do an act against his or her will.” The implications of such a charge vary greatly from case to case, as the circumstances and definition of coercive behavior may differ based on applicable laws in different jurisdictions.

How Coercion Applies to Criminal Cases

In criminal cases, coercion is often used as evidence of guilt. Prosecutors may argue that a defendant coerced someone into providing false testimony or otherwise participating in a criminal act. This type of coercion is referred to as witness tampering, and it can be extremely difficult for the defense to prove that no coercion occurred. In addition, certain types of intimidation or threats may also constitute coercive behavior, making it difficult for defendants to defend themselves against such charges.

Types of Coercion

It is important to note that coercion does not always involve physical violence or threats. In certain cases, coercion can take the form of manipulation or psychological coercion, which is far less obvious than physical force. Manipulation through lies and deception may be used to convince someone to act in a particular way—even if they don’t want to do so. This type of coercion is often difficult to detect and even harder to prove, making it a powerful tool for prosecutors seeking to prove their case.

In Summary

In summary, coercive behavior has the potential to significantly alter the course of a criminal case, as it can be used as evidence of guilt and lead to significant repercussions if found to be true. As such, it is important for defendants and other parties involved in criminal cases to understand the implications of coercion and how it may affect the outcome of their case. If you’re facing coercion charges in Indiana, it’s crucial to understand the possible penalties you may be up against.

Coercion is a serious offense that can lead to severe consequences. If convicted, your sentence may include jail time, hefty fines, or probation. The final punishment depends on the severity of your actions, evidence presented in court, and the presiding judge’s discretion. Coercion is not something anyone should take lightly, and legal consequences are no exception. So, it’s essential to hire a competent attorney to assist you in building the most persuasive defense possible, given the weight of the charges.

Remember, if you are accused of coercion, it’s essential to make sure that your rights are protected under Indiana law to get the best possible outcome. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your probation violation!

How to Establish a Solid Alibi in a Criminal Case

Posted on August 11, 2023 by admin

In the realm of criminal justice, an ‘alibi’ can be a powerful tool in proving innocence. An alibi, by definition, is evidence that proves a suspect was somewhere other than the scene of the crime at the time it occurred. Establishing a solid, convincing alibi can be the difference between freedom and incarceration.

However, how one goes about setting up such an alibi is not commonly known. This blog post aims to shed some light on this topic, providing valuable insights and guidance from our experienced criminal defense lawyers on how to establish a solid alibi in a criminal case.

Call 317-636-7514 to Speak With a Trusted Criminal Trial Lawyer in Indianapolis Indiana

Do You Need an Alibi?

The first step in establishing an alibi is to determine whether or not you actually need one. Depending on the nature of the case and your involvement, the answer might be no. In some cases, a suspect’s innocence can be proven without resorting to providing an alibi. This is often the case when there is insufficient evidence linking them to the crime or if other suspects are more likely to be involved.

In these cases, it is important to discuss your role in the crime with a qualified criminal defense lawyer and consider all the legal options available to you. Having a skilled and experienced criminal defense attorney on your side is key to successfully establishing an alibi in a criminal case. A good criminal defense attorney will be able to review the facts of the case, gather all relevant evidence and craft an airtight alibi that will stand up in court.

Identify All Possible Evidence

The next step in establishing a solid alibi is to identify all possible evidence that can prove you were somewhere other than the scene of the crime at the time it occurred. This might include phone records, video footage from surveillance cameras, eyewitness accounts and more. Having this information on hand will be very helpful for your criminal trial lawyer when constructing your alibi.

Document Everything

In addition to gathering evidence, it is important to document everything related to your alibi. This includes keeping detailed records of all conversations you have with anyone who could be called as a witness or who has any knowledge of the case. Additionally, make sure to keep any receipts, photographs, or other evidence that could be used to verify your alibi.

Stay Informed

Finally, it is important to stay informed of state and f ederal laws related to alibis. The laws surrounding alibis can vary widely from jurisdiction to jurisdiction and being aware of these nuances is essential in constructing a successful alibi defense.

What To Do If You Do Not Have an Alibi in Your Criminal Case

If you do not have an alibi, it is important to understand that this does not mean you are automatically guilty. You may still be able to defend yourself in court without an alibi. An experienced criminal defense attorney can help sort through the facts of your case and determine the best course of action to take.

In Summary

In conclusion, establishing a solid alibi in a criminal case is a process that requires careful consideration and meticulous preparation. It involves identifying possible evidence, documenting everything meticulously, and staying informed about the laws that govern alibis. But most importantly, it necessitates the expert guidance of an adept criminal trial attorney.

Remember, the strength of your alibi can significantly impact the outcome of your case. The aforementioned steps, while not exhaustive, provide a robust starting point for anyone seeking to establish a credible alibi in a criminal case. Always consult with your lawyer and never hesitate to assert your innocence when faced with criminal charges.

We hope this guide helps you better understand alibis in criminal cases. If you have any questions or need further assistance, contact the Law Office of David E. Lewis at 317-636-7514 to schedule a no-obligation consultation with an experienced criminal defense lawyer in Indianapolis. We can get you the best possible outcome in court. Act now while there is still time to build a strong case!

Entrapment in Criminal Cases: Should You Take Legal Action?

Posted on August 8, 2023 by admin

Entrapment in criminal cases is a defense that is often misunderstood and misinterpreted. This concept involves law enforcement officials inducing a person to commit a crime that they would not ordinarily be inclined to commit. While it can serve as a powerful defense, understanding when and how to leverage it is crucial.

This blog post discusses some of the complexities of criminal entrapment, helping you make informed decisions about your legal course of action if you ever face such circumstances. We will explore the legal definition of entrapment, its implications, and most importantly, the factors to consider when deciding whether to take legal action.

Call 317-636-7514 to Speak With an Entrapment Defense Lawyer in Indianapolis Indiana

The Legal Definition of Entrapment

In order to be considered entrapment, the criminal conduct must have been induced or encouraged by a law enforcement official. This means that an individual cannot be held liable for committing a crime due to their own inclination or free will; rather, they must have been lured into it by an officer of the law. Moreover, it must be determined that the individual would not have been likely to commit the criminal act had it not been for this inducement. Otherwise, they can be found guilty of the crime despite their entrapment defense.

The Implications of Entrapment

When a person has successfully proven entrapment in criminal cases, they will be protected from conviction. This is because it’s not considered fair to punish someone for a crime that they were persuaded into committing. Furthermore, entrapment can also serve as an important means of thwarting law enforcement officials who are overstepping their bounds and attempting to coerce individuals into committing crimes against their will or better judgement.

Should You Take Legal Action?

When it comes to deciding whether or not to take legal action in the case of alleged entrapment, you should consult a criminal defense lawyer who can better evaluate your situation and advise on how to proceed. It is important to assess the evidence at hand and weigh your options carefully, as taking legal action could have serious implications for both you and the arresting officer. Ultimately, it is important to remember that entrapment can be a powerful defense, but only if used correctly. When in doubt, seek professional counsel to help guide your decision-making process and ensure that justice is served.

Speak to a Criminal Defense Lawyer

Ultimately, understanding the legal definition of entrapment and its implications when deciding whether or not to take legal action is crucial. Facing criminal charges can be a daunting experience for any individual, and enlisting the help of a knowledgeable Indianapolis criminal defense lawyer can make all the difference in navigating these difficult waters. In any case, knowing your rights and understanding when entrapment is applicable will go far in protecting you from undue punishment and ensuring that justice is served.

If you are ever in doubt about whether or not to pursue legal action due to the possibility of entrapment, it is always best to consult a criminal defense attorney who can provide guidance and help determine the best course of action. By arming yourself with knowledge and seeking professional counsel, you can make sure that your rights are upheld while ensuring that justice is served.

Summary

Entrapment in criminal cases is a powerful defense against conviction, but it should only be leveraged when the circumstances fit its legal definition. Knowing when to take legal action due to entrapment requires a careful assessment of all evidence at hand and understanding of the potential implications. If you are ever in doubt, it is always best to consult a criminal defense lawyer who can provide guidance on how to protect your constitutional rights and ensure that justice is served.

Are you looking for a qualified criminal litigator who can aggressively defend your Indiana criminal charges? Contact The Law Office of David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal attorneys will get you the best possible outcome to your criminal case!

The Impact of Plea Bargaining on Criminal Cases

Posted on July 21, 2023 by admin

Plea bargaining is a common and often controversial practice in the criminal justice system. It involves an agreement between prosecutors and defendants whereby the defendant pleads guilty to a lesser offense or fewer charges than they were originally charged with, in exchange for reduced penalties or other benefits. This process has both advantages and disadvantages that can have profound implications on criminal cases.

In this blog post, we’ll explore how plea bargaining affects those accused of crimes, including the role of a criminal defense lawyer in negotiating plea deals. We’ll also discuss some of the ethical considerations associated with plea bargains, as well as potential reforms that could be made to make them more equitable for all parties involved. By examining these issues from multiple angles, we can gain greater insight into how plea bargaining impacts our legal system today and what changes may need to be made going forward.

Call 317-636-7514 to Speak With a Criminal Defense Attorney in Indianapolis Indiana

The General Benefits of Plea Bargains

The primary benefit of plea bargaining is that it allows criminal defendants to take responsibility for their actions while avoiding the risk of a harsher sentence if they took the case to trial. It also saves time and money for both parties, as fewer resources are needed to litigate a guilty plea than a full-blown trial. As such, plea bargaining is often seen as an effective way to reduce court backlogs and resolve cases more quickly. This can be beneficial for those accused of crimes who may not have access to adequate legal representation or financial means necessary to pursue a lengthy trial process.

The Possible Drawbacks of Plea Deals

However, there are many drawbacks associated with plea bargains that must be taken into account. For example, some argue that prosecutors wield too much power in plea bargaining, often pressuring defendants into accepting deals that may not be in their best interest. This can have a particularly profound effect on those with fewer resources or who are unfamiliar with the legal system, as they may not be able to adequately negotiate for better terms.

Additionally, research has shown that certain racial and ethnic groups are disproportionately affected by plea bargaining. For example, African Americans and Latinos are much more likely to accept plea bargains than Caucasians, even when facing similar charges.

Obtaining Criminal Defense

When it comes to negotiating a plea bargain, the role of a criminal defense lawyer is essential. A competent attorney will help ensure that their client’s rights are protected while working to reach an agreement that meets all parties’ needs. This includes ensuring that any deal reached is in the client’s best interests and does not involve any hidden consequences.

Considering Potential Reform Opportunities

Finally, it is important to consider potential reforms that could be made to fairer outcomes for all parties involved. These include implementing measures such as increasing oversight of plea bargaining practices, making sentencing guidelines more consistent across cases, and providing greater access to legal representation for those who cannot afford it. Such measures can go a long way towards making plea bargaining more equitable for defendants while also protecting their rights.

In Summary

Overall, the impact of plea bargaining on criminal cases cannot be overstated. Although it affords many benefits, there are also several ethical considerations that must be taken into account when negotiating deals. Furthermore, certain groups may face disproportionate disadvantages when considering plea bargains. With this in mind, reforms must be made to ensure that plea bargaining is an equitable process for all parties involved. A criminal defense lawyer can play a key role in ensuring that any deal reached is fair and protects their client’s rights. By understanding the nuances of plea bargaining, we can better appreciate its implications and strive towards creating a more just legal system.

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

What To Do When You Have Been Charged With a Crime

Posted on July 18, 2023 by admin

No one ever expects to be charged with a crime. When it happens, the gravity of the situation can feel overwhelming. You may not know what to do or who to turn to for help. But understanding your rights and options is key in any criminal defense case. In this blog post, we’ll discuss the steps you should take when charged with a crime, including finding an experienced criminal defense lawyer and understanding your rights. Continue reading to get started.

Call 317-636-7514 When You Need an Affordable Criminal Lawyer in Indianapolis Indiana

Why You Should Always Take a Criminal Charge Seriously

Receiving a criminal charge can be a scary and overwhelming experience, but it is important to take it seriously. A criminal charge can lead to serious consequences, including a criminal conviction and a criminal record, which can impact your life in numerous ways. It is essential to seek the help of a criminal defense attorney who can guide you through the legal process and help you achieve the best outcome for your case. A criminal conviction can affect employment opportunities, housing options, child custody arrangements, professional licensing, firearm privileges, and even relationships with friends and family. It’s crucial to take every criminal charge seriously and work with a legal professional to ensure the best possible outcome for your future.

How to Deal With a Criminal Charge the Right Way

1. Gather Information: The first step in defending yourself against criminal charges is to carefully review all of the information available to you. Ask questions about the charges being brought against you, as well as any evidence or witnesses that may be presented by the prosecution. Your attorney can help you understand what each charge means and how it could affect your case.

2. Understand Your Rights: As soon as you are charged with a crime, remember that you still have rights protected under the Constitution—including the right not to incriminate yourself and the right to remain silent until consulting with a criminal attorney of your choice. Do not talk to police officers or prosecutors about the case without an attorney present.

3. Find a Criminal Defense Lawyer: The importance of having a competent and experienced criminal defense lawyer cannot be overstated when you are charged with a crime. A skilled defense lawyer will be knowledgeable in criminal law, understand the court system and its procedures, review evidence on your behalf, negotiate plea bargains if necessary, and protect your legal rights throughout the entire process. You have the right to choose your own attorney or may request a public defender from the court based on financial need.

4. Prepare Your Case: Once you have chosen an experienced Indianapolis criminal defense lawyer, work together to prepare for every aspect of your case, including gathering evidence, reviewing paperwork, and interviewing witnesses. Additionally, be sure to explain your side of the story completely and accurately to your attorney so they can develop the strongest defense strategy possible.

Get Professional Criminal Defense ASAP

Facing criminal charges is a serious matter and should not be taken lightly. Taking the right steps when charged with a crime can help ensure that you have access to the best legal representation available. Understanding your rights and finding an experienced criminal defense lawyer are key in any criminal defense case, allowing you to make an informed decision about how to proceed with your case.

Being charged with a crime is a trying experience, but having the right legal professional in your corner will make the process easier on you. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will obtain the best possible outcome for your criminal case!

Understanding the Consequences of Welfare Fraud in Indiana

Posted on July 12, 2023 by admin

When it comes to white collar crime, welfare fraud is one of the most serious offenses. In Indiana, individuals who are caught committing welfare fraud can face harsh penalties that range from financial restitution and fines to jail time. It’s important for anyone receiving government assistance in Indiana to understand the consequences of such an offense so they can avoid getting into legal trouble.

In this blog post, we’ll discuss what constitutes welfare fraud in Indiana, as well as the potential repercussions associated with a conviction for this type of white collar crime. We will also provide information about how you can protect yourself if you’re accused of engaging in fraudulent activity related to public assistance programs. With this knowledge, you can make sure your rights and interests remain protected throughout any legal proceedings related to welfare fraud charges.

Call 317-636-7514 to Speak With a Welfare Fraud Attorney in Indianapolis Indiana

What is Welfare Fraud?

Indiana’s welfare program is subject to regular audits by the state to ensure that all recipients are lawfully receiving their benefits. The state has taken aggressive steps in recent years to crack down on welfare fraud, and these audits are a critical part of those efforts. Welfare fraud refers to any deliberate misrepresentation of information that enables someone to obtain benefits that they are not entitled to receive. Auditors in Indiana are vigilant in identifying cases of fraud, and when they find them, they take swift action to recover any improperly disbursed funds. These audits form a crucial aspect of the state’s ongoing efforts to uphold the integrity of its welfare program and ensure that those in need receive the assistance they require.

In Indiana, welfare fraud refers to any act of knowingly misrepresenting or omitting information on an application for public benefits in order to receive more money than you are entitled to. This can include lying about your income or family size, failing to report changes in living arrangements, or concealing assets that would affect eligibility for assistance programs. It’s important to note that even if the misrepresentation was unintentional, it could still result in criminal charges.

Welfare Fraud Penalties

The consequences of a conviction for welfare fraud in Indiana vary depending on the severity and amount of funds involved. A person found guilty of defrauding government assistance programs may be required to pay back the stolen funds (known as restitution), as well as face fines and/or jail time up to three years. Additionally, those convicted of welfare fraud in Indiana could face a number of other long-term impacts such as difficulty finding gainful employment and issues with immigration status.

Knowing the potential consequences associated with welfare fraud is an important first step in protecting yourself and your rights. It’s also important to remember that if you are accused of fraudulent activity related to public assistance programs, you have the right to an Indianapolis criminal defense attorney who can help you through the legal process. An experienced fraud lawy e r will be able to review your case and advise you on how best to protect your interests throughout any proceedings related to welfare fraud charges.

Protect Your Rights After a Welfare Fraud Charge

Welfare fraud is a serious offense in Indiana; however, by understanding the potential consequences of such an act, you can make sure your rights and interests are protected throughout any proceedings related to such a crime. If you or someone you know has been accused of welfare fraud, it’s important to seek out the guidance of an experienced criminal defense lawyer in Indianapolis who can advise you on how best to protect yourself and your interests.

Are you looking for a criminal defense lawyer who will fight to reduce or dismiss your Indiana fraud charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned welfare fraud lawyer in Indianapolis, Indiana. Our criminal attorneys will get the best possible outcome for your criminal case!

Types of Criminal Records That Can Be Expunged in Indiana

Posted on July 7, 2023 by admin

If you’ve been arrested and convicted of a crime in Indiana, it can have long-term effects on your life. It may limit your job opportunities or make it difficult for you to rent an apartment. Fortunately, if you are eligible, you may be able to have some or all of your criminal records expunged. Expungement is the process by which certain criminal records are sealed from public view, allowing those with past convictions a second chance at success without the stigma of their mistakes weighing them down. In this blog post, we will discuss the different types of criminal records that can be expunged in Indiana and how to go about doing so.

Call 317-636-7514 for Expungement Legal Services in Indianapolis Indiana

Indiana Criminal Records Eligible for Expungement

In Indiana, there are three types of criminal records that can be expunged. These include Class D felonies, misdemeanors, and infractions. To qualify for an expungement, you must have been convicted of one or more of these crimes and must not have any pending criminal cases. Additionally, you must wait a certain amount of time before petitioning for an expungement; the specific waiting period depends on the type of crime committed and your criminal history. For example, if you were convicted of a misdemeanor, you may need to wait five years before being eligible for an expungement.

How to Apply for Criminal Expungement

In order to apply for an expungement in Indiana, it is recommended that you consult with a competent criminal defense lawyer who specializes in record sealing and expungement. This is because the process can be complex, and an experienced lawyer can guide you through it from start to finish. The lawyer will help you complete the necessary paperwork and make sure that all of your records are properly sealed so that no potential employers or landlords can access them.

The Average Cost to Have Your Criminal Records Expunged in Indiana

Navigating the process of having your criminal records expunged can often be a difficult and complex endeavor, and understanding the associated costs with such an endeavor is essential. In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees. Depending on the county in which one resides, there may also be additional processing fees that can range from $50 to $100 or more.

In addition to court filing fees, those seeking to have their criminal records expunged may also need to hire an attorney who specializes in such matters. Attorney fees will vary depending on individual needs and complexity of the case; however, most attorneys charge between $500 and $2,000 for their services. There are some pro-bono or free legal services available in certain counties as well – it is important to research what options are available so you can make an informed decision when considering how to proceed with your criminal record expungement case.

It’s important to note that not all cases will qualify for expungement. Additionally, if a person’s case does qualify for expungement, they should be aware that this process will take several weeks or months before it is completed. It’s thus important that anyone looking into their options for having their record expunged understands both the cost involved as well as the amount of time needed for this process. Doing so can help ensure that one makes an informed decision when pursuing a criminal records expungement in Indiana.

If you’re considering applying for a criminal record expungement in Indiana, make sure to consult with an experienced expungement lawyer who can guide you through the process from start to finish. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services start as low as $850, so act now before it’s too late!

A Guide to Navigating the Legal System After a Drug Possession Arrest in Indiana

Posted on July 5, 2023 by admin

If you have been arrested for drug possession in Indiana, you may be feeling overwhelmed and uncertain about what to do next. Navigating the legal system can be complicated and intimidating, but it is important to understand your rights and how to protect yourself.

In this blog post, we will provide a guide for navigating the legal system after a drug possession arrest in Indiana. We will discuss the charges that may apply under state law, potential defenses against those charges, and other considerations related to criminal defense in Indiana. With this information in hand, you can make informed decisions about your case as well as seek out professional help from an experienced attorney if needed.

Call 317-636-7514 to Speak With a Drug Possession Lawyer in Indianapolis Indiana

Drug Possession Laws in Indiana

Under Indiana law, a drug possession charge can refer to several different types of criminal offenses. Depending on the type and quantity of drugs involved in the arrest, you may be charged with either a felony or misdemeanor offense. If convicted of a felony, you could face serious consequences such as jail time, fines, and other penalties. Additionally, if convicted of certain drug-related offenses in Indiana, your driver’s license may also be suspended for up to two years.

Indiana Drug Schedules

Indiana Drug Schedules are an essential tool for healthcare providers and law enforcement to manage the distribution and use of controlled substances. These schedules categorize drugs on a scale (I through V) based on their potential for abuse, the likelihood of dependence, and their accepted medical use. The state of Indiana follows the federal drug scheduling system, which ranges from Schedule 1 drugs, like heroin, with no accepted medical use and a high potential for abuse, to Schedule 5 drugs, like cough syrup with codeine, which have low potential for abuse and accepted medical uses. It is important to understand the Indiana Drug Schedules to ensure safe and legal use of these controlled substances.

Possible Defenses for Drug Possession Charges

Fortunately, there are potential defenses that can help you fight these charges in court. For example, if the police conducted an unlawful search and seizure when they arrested you for drug possession, this evidence may not be admissible in court and could result in the dismissal of your charges. Additionally, if you have a valid prescription for the drugs in question, you may be able to use this as a defense against the charges.

It is also important to understand that all drug possession cases are unique and require careful analysis by an experienced criminal defense attorney. An attorney can review the facts of your case, provide advice on potential legal strategies for defending yourself, and ensure that your rights are fully protected throughout the process. In many cases, a lawyer can also help negotiate with prosecutors to reduce or dismiss the charges against you.

In Summary

By understanding your rights and familiarizing yourself with the legal system after a drug possession arrest in Indiana, you will be better equipped to make informed decisions about your case. If you find yourself facing a drug possession charge in Indiana, seek legal advice from an experienced criminal defense attorney right away. With their help, you can better understand the charges against you and make informed decisions about your case.

We hope this guide helps you traverse the legal system after a drug possession arrest in Indiana. If you have any questions or need further assistance, contact the Law Office of David E. Lewis at 317-636-7514 to schedule a no-obligation consultation with an experienced criminal defense lawyer in Indianapolis. We can get you the best possible outcome in court for drug possession charges and more. Act now while there is still time to build a strong case!

How to Improve Your Chances of Winning a Criminal Appeal

Posted on June 28, 2023 by admin

If you’ve been convicted of a crime, and you want to challenge the conviction in court, then filing an appeal is your best option. An appeal is when an appellate court reviews the decision of a lower court and decides if it was correct or not. It can be difficult to win an appeal but there are steps that can be taken to improve your chances.

In this blog post, we will discuss how to better position yourself for success when appealing a criminal conviction. We will look at strategies such as researching legal precedents, gathering evidence, finding expert witnesses and more. Read on to find out how you can give yourself the best chance of winning your criminal appeal!

Call 317-636-7514 to Speak With a Criminal Appeals Attorney in Indianapolis Indiana

Understanding What Happens at a Criminal Appeals Hearing

When a conviction has been made in a criminal court case, the defendant, their criminal defense lawyer, or both may seek a criminal appeals hearing. At this type of hearing, the defendant’s legal team will present information to the appellate court that they believe shows errors or procedural mistakes that occurred during the initial trial and subsequent conviction.

During a criminal appeals hearing, both the prosecution and defense will have the opportunity to argue their case, but the appellate court’s main job is to review the lower court’s decision-making process, ensuring that the case was tried fairly and properly. Ultimately, the appellate court will then either affirm the lower court’s decision or overturn it and order a new trial.

Tips for Winning a Criminal Appeals Case

Hire an Appellate Lawyer: A criminal appeals hearing is a legal process that allows a defendant to challenge their conviction or sentence, but the process can be complex and challenging. Hiring a criminal defense lawyer can help make the process easier and can increase the chances of a successful appeal. An experienced appellate attorney can help with various aspects of the appeal, including identifying legal errors, gathering and analyzing evidence, and presenting a strong case in court. Additionally, they can provide guidance on what to expect during the appeals process, including what evidence to present, how to address the court, and how to navigate the complex legal procedures.

Do Your Research: The first step to take when preparing for an appeal is to research legal precedents. This means looking into other cases with similar facts and circumstances and comparing them to your own. This can provide you with valuable insight into the likelihood of winning a criminal appeal as well as helping ensure that you are not making any mistakes in your arguments. Additionally, it’s important to be familiar with the laws surrounding your case so that you can make better informed arguments in court.

Gather Evidence: It’s also important to gather evidence that supports your argument. This could include documents such as witness statements, police reports, photographs, or video footage. Anything that provides proof of innocence should be presented during the appellate process.

Find Expert Witnesses: Identifying and interviewing expert witnesses is essential for a successful appeal. Expert witnesses are individuals who can provide testimony or evidence that supports your case. They may be professionals in the field of medicine, psychology, engineering, or law, just to name a few. It’s important to find an experienced and knowledgeable expert witness who can help make your arguments more convincing.

Write Effective Documents: When appealing against a criminal conviction, it’s important to write effective documents such as appeal briefs or motions. These documents should explain why you believe the lower court erred in its decision and how your side of the argument is correct. You should also cite legal precedents that support your argument as well as any evidence you have gathered.

Be Prepared: Finally, it’s important to be prepared for the hearing in the appellate court. This means coming to court with all your documents and evidence organized and ready to be presented as well as being familiar with the laws surrounding your case so that you can answer any questions from the judges.

In Summary

By following these steps, you can give yourself a better chance of winning a criminal appeal. It’s important to do your research, gather evidence, find expert witnesses, and write effective documents as well as come prepared for the hearing in court. With some hard work and dedication, you may have success in overturning your conviction!

Are you unhappy with your recent criminal conviction? You need a defense lawyer who won’t let you down this time. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!