Do I Need a Permit to Carry a Handgun in Indiana?

Posted on April 19, 2022 by admin

A recent change to Indiana handgun law has many Hoosiers confused. To clarify, House Bill 1296 was signed into state law by Governor Holcomb on March 21, 2022. This new bill allows Indiana handgun owners to carry their handguns on them in public without a permit.

However, not all Hoosier handgun owners qualify. Continue below to learn what you need to know about the new House Bill 1296 Indiana Handgun Law, and what to do if you are arrested for being in violation of this law.

Gun Charge Lawyer Indianapolis Indiana 317-636-7514

The New Indiana Handgun Law
(IC 35-47-2-3)

Until last month, all Hoosiers were required by law to have and carry a valid handgun license on them if they brought their handgun with them in public. But with House Bill 1296, which takes affect July 1^st, 2022, Hoosiers who own handguns are now legally allowed to carry their handguns with them, on their person or in their vehicles, and without a permit.

The law specifically states, “A person who is at least 18 years of age and is not otherwise prohibited from carrying or possessing a handgun under state or federal law is not required to obtain or possess a license or permit from the state to carry a handgun in Indiana (…).”

But like most things in life, and especially in law, there are limitations and exceptions to the regulation. Not every who has a handgun is protected under this law. There are circumstances that can revoke this legal right, leaving some prohibited from carrying a handgun in public without a valid license.

Restrictions

As IC 35-47-2-3 states, you must be at least 18 years old to be protected under this law. Aside from this obvious rule, IC 35-47-2-1.5 Subsection (b) decrees that certain individuals are banned from carrying a handgun in public without a permit, regardless of the law. If these disqualified individuals are caught violating this law, they will be charged with a Class A Misdemeanor, unless they are near a school or school bus, in which case, they would be charged with a Felony.

A Person is Prohibited if They Are or Were:

□ A Fugitive
□ A Felon
□ An Illegal Immigrant
□ Dishonorably Discharged
□ Convicted of a State-Level Offense Punishable By 1 Year in Jail
□ Convicted of Domestic Violence/Battery
□ Convicted of Criminal Stalking
□ Under Indictment
□ Restrained Under an Order of Protection
□ Ruled Dangerous By IC 35-47-14-6
□ Ruled Mentally Defective
□ Committed to a Mental Institution
□ 23 Years Old With a Ruling of a Delinquent Act (as described by IC 35-47-4-5)
□ Person Who Renounced U.S. Citizenship (as described in 8 U.S.C. 1481)

Are you currently facing criminal charges for illegal handgun possession or firing in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

What You Need to Know About Indiana Tax Fraud

Posted on April 14, 2022 by admin

If you are a small business owner who is preparing to file your company’s tax return, you have until tomorrow to do so. If you are an individual filing your personal tax returns, you have until Monday, April 18th. Either way, it is important to protect yourself against tax errors because you do not want to mistakenly be charged with tax fraud.

Continue reading to learn what you need to know about Indiana tax fraud before Tax Day is upon us this year, plus who to trust for aggressive legal defense if ultimately indicted on any type of white-collar criminal charge.

Tax Fraud Lawyer Indianapolis Indiana 317-636-7514

Important Tax Fraud Facts

Tax fraud is also known as tax evasion. A person can be indicted and charged with tax evasion if they intentionally or knowingly neglect to file their taxes, pay their taxes in full, or provide dishonest data (or omit required data) on their returns for the purpose of evading payment. In order to be convicted of tax evasion, the IRS must prove that you deliberately and knowingly demonstrated one of these fore-mentioned acts.

Most Common Types of Tax Fraud Crimes:

▷ Under Reporting Income
▷ Falsifying Tax Return Data (inflating business expenses, overstating size of household, etc.)
▷ Underpaying Taxes
▷Not Paying Taxes
▷ Deceiving the Department of Revenue (DOR)
▷ Misrepresenting Economic Circumstances

Indiana Tax Fraud Penalties Upon Conviction:

Those who are convicted of Indiana tax fraud will be sentenced depending on the severity of their crimes. Penalties range from jail and prison time to fines, restitution, loss of certain freedoms, and more. Most Indiana tax fraud convictions are sentenced as Class A misdemeanors or Level 6 felonies.

▷ Level 6 Felony = Six Months to 2 ½ Years in County Jail – Fines up to $10,000

▷ Class A Misdemeanor = Up to 12 Months in County Jail – Fines up to $5,000

Tax Errors Do Not Make You a Criminal

If you mistakenly underpaid your taxes, provided incorrect information on your return, or forgot to file your tax return altogether, you are not committing a crime of fraud. In such cases, you would simply need to contact the proper IRS authorities and notify them of your mistake. From there, they will give you the instructions you need to follow to correct your error. You will likely have to pay a small penalty fee, generally $100 to $300.

Are you looking for qualified criminal defense that can reduce or dismiss your white collar crime or fraud charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an Indianapolis fraud crime lawyer you can trust. We represent all white collar crime cases in Indiana.

Can Traffic Violations Be Used Against Me in Criminal Court?

Posted on April 8, 2022 by admin

After being arrested and charged with a crime in Indiana, it is common to be filled with all sorts of questions. Oftentimes, defendants begin thinking about their legal history. Many criminal defendants question if previous traffic violations and driving-related offenses will affect the outcome of their current criminal case. Fortunately, there is a pretty clear cut answer to this common inquiry.

Continue reading to learn when past traffic violations might be used against a criminal defendant during their trial, plus how to avoid the maximum penalties for your criminal charges.

Criminal Attorney Indianapolis Indiana 317-636-7514

The Difference Between Civil Court and Criminal Court

When it comes to understanding how previous traffic offenses and violations might be used against a defendant in criminal court, it is important to understand the difference between civil and criminal laws and court systems.

Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. Accordingly, civil court, also known as small claims court, deals mostly with civil cases disputing small amounts of money. Cases typically adjudicate claims regarding property damage, family law, divorce, property disputes, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

There are two primary types of criminal courts in the United States, state court and federal court. State courts are established by the state and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

Will Your Traffic and Driving History Have an Impact?

When it comes to traffic violations and offenses, the majority of them will fall under civil law, and therefore be dealt with in civil court. In most cases, traffic violations are dealt with at the county clerk’s office, courthouse, or the local BMV. Most of the time, violators simply need to mail in paperwork or fines to remedy any offenses. If you are somebody who has traffic violations on the record, it is not likely that they will be used for making any legal determinations during your criminal trial or sentencing.

When a Civil Case Can Become a Criminal Case

there are some traffic violations and offenses that can lead to criminal charges. In most cases, this includes offenses like, inebriated driving, drunk driving, pedestrian hit and runs, cyclist hit and runs, and causing a car accident as a result of punitive reckless driving. Not only can an offender face civil fines and penalties, but they can also be arrested and criminally charged for a DUI, leaving the scene of an accident, and more.

Are you worried about your pending 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.

Are Federal Courts Different From State Courts?

Posted on March 29, 2022 by admin

Here in the United States of America, we have two separate types of court systems: state and federal. These two court systems are different in many ways; ways that might be important for you to know if you are currently facing misdemeanor or felony charges. Continue reading to learn how Federal court differs from state court, plus what you need to do if you are preparing to go to trial for your Indiana criminal charges.

Federal Crime Lawyers Indianapolis Indiana 317-636-7514

Federal Court Versus State Court

Federal court and state court are established quite differently. State and local court systems are established by the state. This may include cities, townships, counties, and municipalities. Federal courts were, and continue to be, established under the United States Constitution. They deal with laws that are passed by Congress and debates related to the Constitution.

Court Jurisdiction

State and federal court do not hear the same types of cases; more specifically, they are limited to which kinds of cases they are authorized to adjudicate. State courts are authorized to hear virtually all cases, except those that pertain to crimes against the United States and cases that involve certain Federal laws, such as felony offenses, Bankruptcy, immigration, copyrighting, and maritime law. These kinds of cases are heard in Federal court. Common cases heard by state and local courts include misdemeanor crimes, traffic violations, civil disputes, and similar lower-level legal matters.

Although state and Federal courts hear different types of cases, there are some cases in which both are authorized to hear. In such cases, the party has the discretion of choosing which court they wish to pursue their legal matters in.

Facing Criminal Charges?

If you are facing misdemeanor criminal charges, you are going to be tried in a local court under state law. Examples of common misdemeanor offenses adjudicated in the local court system include traffic violations, drug possession, public intoxication, drunk driving, and shoplifting. If you are facing felony charges, you will likely be tried in Federal court under Federal law. Examples of federal-level offenses include white collar crimes, trafficking, sex crimes, violent crimes, kidnapping, homicide, and terrorism.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Do I Have to Let Police in My House if They Show Up With a Search Warrant?

Posted on March 22, 2022 by admin

Law enforcement can certainly be intimidating. Even if you are compelled to oblige by all their commands and requests, do you legally have to? This is a common conundrum for those who are faced with a search warrant at home. Are you required under law to let the police inside your house if they have a search warrant? What might happen if you refuse? Do you have the right to refuse and later appeal a search warrant in court?

Continue reading to learn what you should do if the cops show up at your place of residence with a valid search warrant signed by a judge or magistrate.

Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514

Search Warrant Facts

In order to get a search warrant, police must submit an affidavit to a judge explaining in great detail the property to be searched, what they are looking for within the property, which property they intend to seize, which type of crime is related to the location of the search, and more. Upon approval of probable cause, a judge will sign a search warrant, which is a court order giving law enforcement authority to explore whatever property stated within the warrant decree.

Any property or areas of the home that are not specifically listed in the search warrant cannot be legally searched by police. However, there is an exception to this rule. It is known as the plain view doctrine. Basically, if something illegal is in plain sight during the process of executing a search warrant, police can further investigate that area under reasonable suspicion.

Police may have a court order to search vehicles, homes, computers, cell phones, storage units, sheds, barns, greenhouses, safes, and more. Once approved and signed by a judge, police have ten days to execute a search warrant, and they can choose to execute a search warrant any time of day or night, including times they know the property will be vacant or unsupervised.

You see, one important fact you need to know about search warrants is that most of them give police permission to search the property without the owner’s permission. Some will have a “knock and announce” rule, but most judges eliminate this rule these days. Even with the rule, there are exceptions.

So, what does all this mean for you if police show up to your home with a search warrant signed by judge? It means that you must comply or else face additional legal consequences.

Consequences of Obstructing a Search Warrant

There are serious consequences that come with obstructing a search warrant. Most often, those who refuse to allow police to come inside their home or behave in a way that is disruptive to the execution of a search warrant, can be arrested for criminal offenses like disorderly conduct, obstruction of due process, contempt of court, and much more.

If this has happened to you recently, or if you are dealing with any type of arrest or bench warrant, it is important to retain a licensed Indiana criminal defense attorney who can fight your charges and help you avoid the maximum penalties you are facing.

Are you facing criminal charges or an arrest warrant? 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!

How a Pretrial Diversion Program May Reduce Your Sentence

Posted on March 15, 2022 by admin

If you have recently been arrested in Indiana on drug-related criminal charges, whether on a state or federal level, you can bet on one thing: the penalties will be harsh. Indiana has zero tolerance for drug crimes, so if you are facing drug charges right now, you can expect to be sentenced to jail time, fines, community service, random drug screening, probation, and more. You might even be court ordered to attend a drug rehabilitation clinic or substance abuse program.

However, you may be able to reduce your drug crime. Criminal sentence by doing a pretrial diversion program. Continue reading to learn more about pretrial diversion programs, including how to determine your eligibility in Indiana.

Pretrial Release Lawyers Indianapolis Indiana 317-636-7514

Pretrial Diversion Programs in Indiana

What is a pretrial diversion program? Well, it is an effective and beneficial alternative to the harsher criminal penalties that are traditionally handed down for drug crimes in Indiana. Although pretrial diversion programs may be offered to all sorts of defendants facing a wide range of criminal charges, they are particularly helpful for those facing drug charges in Indiana.

Someone facing drug charges is likely somebody wrapped up in the illicit drug world, whether as a recreational user, abuser, addict, or trafficker. People in these situations are not in a place, neither financially or, mentally, to take on legal obligations like heavy fines and jail time.

The state recognizes this problem by offering legal alternatives to such penalties. In cases that qualify, a pretrial diversion program can be offered to a drug charge defendant as an alternative to going to jail and paying thousands of dollars in fines. In return, the defendant must comply and complete the program with flying colors.

How a Pretrial Diversion Program Works

A defendant (and their lawyer) works with the state prosecutor to come up with an alternative plan of punishment for committing a drug crime in Indiana, known as a pretrial diversion program. In most cases of pretrial diversion programs, some form of rehabilitation or treatment is included as part of the agreement. Additional elements of a pretrial diversion program will vary from case to case, but most include:

▢ Routine Probation Officer Meetings
▢ Random Drug/Alcohol Testing
▢ House Arrest/GPS Ankle Monitoring
▢ Mandatory Curfew
▢ Court-Ordered Therapy

Although every pretrial diversion program is different depending on the defendant and the unique circumstances of the criminal charges, most will come to an end between one and three years. It is important to have a skilled and experienced criminal defense lawyer in Indianapolis on your side when fighting for your chance at entering into a pretrial diversion program after being charged with a drug crime in Indiana.

Looking for a criminal defense lawyer to fight your drug charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and experienced criminal defense for drug crimes in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

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

How Indiana’s Good Time Credit Can Help You Get Out of Jail Faster

Posted on March 9, 2022 by admin

If you have just been convicted of a crime that is punishable by jail time, you should be interested in all the ways you can significantly reduce your stay in jail. Continue below to learn how Indiana’s Good Time Credit program can help inmates get out of jail faster, plus who can assist you with an imprisonment plan that can ensure you are not kept in jail a day longer than you have to.

Indiana Criminal Defense Law Firm 317-636-7514

Indiana’s Good Time Credit

Just because your criminal conviction hands down a prison or jail sentence does not mean that you are stuck with it. It is possible to reduce your jail sentence through something known as Good Time Credit. Indiana’s Good Time Credit program is a valuable incentive for inmates to cooperate and exhibit responsible, productive behavior while in jail.

Why is this program an incentive to anyone in jail? Because if inmates are approved upon good behavior, they can be granted a lesser or shorter jail sentence. For instance, someone sentenced to a year in jail may only serve 6 or 7 months with good time credit. Sound too good to be true? You might be asking, “what’s the catch?” Well, not everyone qualifies for Indiana’s Good Time Credit program.

How to Qualify for Time Served Credit

Indiana’s Good Time Credit is decreed under Indiana Code 35-50-6, which basically describes under which conditions an inmate can earn days of good credit, and ultimately, an early release from jail or prison. The amount of good time credit an inmate can accrue will depend on their level of criminal charge (Misdemeanor or Felony) and the specific details of their sentence.

Those who are most likely to qualify are inmates convicted of misdemeanors or low level felonies and give an executed sentence. An executed sentence is one in which an inmate is ordered to serve both jail and prison time, or also house arrest and work release programs.

Earning good time credit in jail works by following all the rules and cooperating with jail staff and court orders. Basically, if an inmate is polite, cooperative, responsible, and productive within the realm of their assigned jail duties or educational classes, they can earn a day of good credit for every number of days they demonstrate this good behavior.

Inmates must refrain from any disciplinary actions or infractions during their time in jail in order to qualify. In addition to good behavior and productivity, inmates may be ordered to complete rehabilitation classes for substance abuse. So long as they work the program as ordered, they can earn good time credit.

If an inmate is cited for bad behavior or disciplined for an infraction, any good time credit earned can be deducted. As mentioned before, Indiana’s Good Time Credit is an effective incentive for inmates to behave in order to get out of jail faster.

What to Expect After Being Released From Jail Early

After an inmate is released from jail after earning Good Time Credit, they are not entirely free from the court’s custody. An inmate sentence will continue under the terms of probation or parole. During this time, an inmate will continue to be subjected to regular checkups by their assigned probation or parole officer, drug screenings, alcohol testing, random searches, mandatory job placement and supervision, curfew requirements, license suspensions, loss of firearm rights, and possible home detention.

Are you looking for criminal defense attorney who can help you understand your rights to getting out of jail faster after being convicted of a crime in Indiana? 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!

How to Move Forward From a Criminal Past With Expungement

Posted on March 4, 2022 by admin

Are you being held back from a happier or more successful life because of your past criminal records? Indiana’s Second Chance Law may be able to help you move forward from your criminal past and regain control over your future. Continue below to learn what you need to know about Indiana’s criminal expungement and record sealing laws, including how to learn your eligibility.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Restore Your Civil Rights and Brighten Your Future

The new Indiana Second Chance laws are very accommodating to past offenders and those who have been wrongful arrested or falsely accused. If you are being held back from a better job, better housing, better relationships, or even gun privileges, it is in your best interest to learn more about criminal record expungement.

If you qualify, you could have your criminal record sealed and hidden from public view; this includes current and potential employers, banks, college admissions offices, professional licensing offices, and even potential romantic interests! Just think of all the opportunities that will open up for you if you could only seal or hide your criminal past.

Qualifying for Expungement

Unfortunately, not everyone will qualify to have their records expunged. There are several stipulations, restrictions, and prerequisites that mandate whether or not a person can even qualify to expunge their criminal records. In order to qualify for expungement, your petition must demonstrate certain criteria.

Along with prerequisites and stipulations, there are also restrictions. For example, a person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records.

With so many variables and risks at play, determining your eligibility for criminal expungement in Indiana can be a complex process. To find out if you qualify to have your past arrest records, misdemeanors, or felonies restricted from your personal record, you must consult with a licensed criminal defense lawyer in Indiana. Be sure to choose an attorney who is well-versed in the Indiana expungement and record sealing laws.

Are you ready to petition for criminal record expungement or record sealing this year? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation with a licensed criminal record expungement lawyer in Indianapolis, Indiana.

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!

What to Do if You Were Falsely Accused of Domestic Violence

Posted on February 23, 2022 by admin

Domestic violence in a serious crime, and unfortunately, a prevalent one all across the Nation. However, not everyone suspected of or charged with domestic violence is guilty. If you have been falsely accused of domestic violence in Indiana, it is in your best interest to assume a strong and impactful defense to protect your rights and preserve your freedoms. A domestic violence conviction stays on your record, and can have lasting, if not lifelong negative effects on your quality of life.

Continue reading to learn what you need to do to protect yourself from being wrongly convicted of a domestic violence offense in Indiana.

Domestic Violence Lawyer Indianapolis Indiana 317-636-7514

Domestic Violence Accusations are Serious

If you have been accused of domestic violence, take it seriously. Many people are falsely accused and ultimately, wrongly convicted of domestic assault or battery, which results in lasting, lifelong consequences. You must act fast and hire a licensed and aggressive Indiana criminal defense lawyer who can fight your charges and prove your innocence beyond any doubt.

Divorce and Child Custody Matters

False domestic violence reports commonly arise during divorce and child custody matters. One party may attempt to tarnish the reputation of the other for the purpose of gaining assets or winning child custody. Then again, fake domestic violence accusations are often made simply out of spite or revenge. Anyone can fall victim to a phony domestic violence accusation, which is why it is important to educate yourself on how to remain protected against such false charges.

Mistakes Made By Responding Police

Often times, domestic violence arrests and subsequent charges arise due to law enforcement error. The police officers who respond to the scene of a potential domestic violence dispute can possibly make a miss call or use poor judgment, and as a result, arrest the wrong person. This often happens when it’s one person’s word against the other. In such cases, it is important to use the highest degree of respect and cooperation. Attitude, anger, or belligerence can result in an arrest, whether you’re guilty or not.

Penalties for Making Untrue Domestic Violence Claims

Anyone who falsely accuses another person of domestic violence by filing an official report with police will face serious penalties if caught further deception. Not only will they face potential criminal charges, but upon eviction, they may face heavy fines and jail time.

Were you been falsely accused of a crime and now you are facing criminal charges as an innocent victim? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

The New Indiana Handgun Law (IC 35-47-2-3)