Category Archives: Criminal Law

Current News on the Decriminalization of Marijuana

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Currently in Indiana, and under federal law, marijuana consumption, possession, distribution, trafficking, and cultivation are all illegal, and punishable by jail time, fines, and much more. Although several states within the country have decriminalized marijuana on local and state levels, marijuana continues to be against the law in the eyes of the federal government. However, Senate Democrats have recently unveiled a new bill that would decriminalize marijuana on a federal level.

Continue reading to learn some facts regarding the current news on the decriminalization of marijuana, as well as what you need to do right now if you are facing marijuana drug crimes in Indiana.

Indianapolis Marijuana Crime Lawyers
Indianapolis Marijuana Crime Lawyers 317-636-7514

Facts About the New Federal Marijuana Decriminalization Bill

Yesterday, Wednesday, July 14th, Democratic Leader Chuck Schumer and Senators Cory Booker and Ron Wyden led the unveiling of the new Federal marijuana decriminalization bill. Although this new draft does not legalize the sales and distribution of cannabis products and marijuana itself, it does decriminalize it by ending federal enforcement against marijuana crimes.

During the unveiling of this new potential bill, Sen. Cory Booker pointed out that in 2019 alone, there were more arrests for minor marijuana offenses than there were for violent crimes. Ultimately, the Democrat’s mission is to in the war marijuana.

How the Bill Can Help

Senate Democrats suggest that this could be monumentally advantageous to our economies, and as a state in whole. According to Sen. Ron Wyden, the passing of this bill would help generate revenues that would be directly applied to the support and restoration of those whose lives were affected by the war on drugs.

Democratic Leader Chuck Schumer stated that many of these outdated federal laws, such as the one on minor, non-violent marijuana crimes, significantly impact people’s lives in a negative way, holding them back from employment opportunities, good income, good credit, and simply being able to live a normal life.

In addition to promoting leniency against minor marijuana offenses, this new bill also pushes for justice for minority groups.

There are Many Who are Opposed

However, there are some opposed to this new potential marijuana decriminalization bill. For instance, Luke Niforatos with Smart Approaches to Marijuana insists that if this bill were to be passed, it would be harmful to our society. He strongly believes that this idea of decriminalizing marijuana is aligned with the same type of company missions created by tobacco, alcohol and big Pharma, stating, “It’s invested in by tobacco, alcohol and pharma — the drug is much more potent and much more addictive than it’s ever been (…)”.

Will it Pass?

If this bill were to pass, it would decriminalize marijuana on a federal level, but still allow states to keep marijuana illegal on a state level. In addition to legislation removing marijuana from the list of federal controlled substances, thus allowing cannabis-based business to be eligible for banking, as well as regulate and tax all marijuana sales.

Upon the passing this bill, marijuana sales up to 10 ounces for individuals 21 and older would be permitted. Furthermore, there would also be criminal expungement rights to seal or destroy criminal records for those who were charged and convicted with a minor or non-violent marijuana offense in the past.

In order for the new federal marijuana decriminalization bill to be passed, at least 10 Republicans must be in agreements and vote for the bill to move forward. It is very likely that this bill will see more revisions before it is officially introduced.

Current CBD and Marijuana Laws in Indiana

Currently in Indiana, possession of just a single marijuana joint is punishable by up to one year in jail and a fine of up to $5,000. Our state is one of the few state’s left that still imposes imprisonment penalties for minor and nonviolent marijuana offenses.

CBD oils and vape pens have been legal in Indiana since 2018, when Gov. Eric Holcomb legalized low-THC CBD derived from industrial hemp. There are now many CBD stores and retailers all across the state that sell a wide variety of CBD-based products, legally. So long as a CBD product meets certain labeling requirements and has 0.3 percent or less THC content, it is perfectly legal under state and federal law.

Are you currently facing misdemeanor or felony marijuana charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned marijuana crime lawyer in Indianapolis, Indiana. Get started on your drug crime defense now!

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Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

Indianapolis Criminal Defense 317-636-7514
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How to Successfully Fight Your Felony Criminal Charge in Indianapolis

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Do not think you will get off easy is you are facing a felony charge in Indiana. Felonies of any kind or category are serious criminal charges, and therefore require aggressive and skilled criminal defense to avoid the maximum penalties, like jail. If you are facing a felony criminal charge or felony arrest warrant in Indianapolis, it is vital that you act fast and retain the services of a seasoned criminal defense lawyer.

Continue below to learn exactly how you can be successful at reducing, or even dismissing, your felony charges in Indianapolis.

Indiana Felony Defense Lawyer
Indiana Felony Defense Lawyer 317-636-7514

Beat Your Felony With the Right Criminal Defense

Felony charges are serious. If convicted, defendants face a very stern and strict list of consequences. And these consequences can affect a person for the rest of their life. A felony conviction on your permanent record can hold you back from employment and better job opportunities, as well as, housing, professional licenses, relationships, and more.

Aside from a permanent record, you can face jail time, and will be obligated to pay hefty fines and fees. For these reasons and more, it is vital to hire an Indianapolis criminal defense lawyer to represent you in court. They have the knowledge, skills, and resources to challenge your charges at every angle, and protect your from being sentenced the maximum punishment for your crime.

But Who Can You Trust to Represent Your Case the Best?
Trust none other than Attorney David E. Lewis!

Here at the Law Office of David E. Lewis, we offer free initial consultations, so there are never any out-of-pocket fees to discuss the best strategies for your criminal defense. As a longtime professional in the industry, Attorney David E. Lewis has what it takes to build a strong and impactful defense on your behalf. He never uses confusing legal jargon, which ensures that you fully understand everything you need to know.

Are you ready to get started with a free consultation to meet Attorney David E. Lewis? Contact us at 317-636-7514 to schedule a meeting with an Indianapolis IN felony criminal defense lawyer you can trust. Our law firm also offers Indiana criminal record expungement and appeal representation.

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Will I Go to Jail if My Case Has Aggravating Factors?

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When facing criminal charges, one the biggest fears among defendants, other than losing time away from their family and loved ones, is the potential risk of having to go to jail. As for those whose criminal case involves aggravating factors, this concern is even more pressing. Continue reading to learn what you need to know about aggravating factors, and how they might impact the outcome of your criminal case.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

Aggravating Factors

In a criminal case, any element of truth pertaining to the details of the offense that make the offense more serious is considered an aggravating factor. Consequently, aggravating factors increase the severity and harshness of any penalties handed down for such convictions. Basically, you don’t want to be facing aggravating factors in your criminal case. Oppositely, there are elements of truth pertaining to the details of the fence called mitigating factors, which decrease the severity of the offense and therefore subsequent penalties.

An example of a criminal case involving an aggravating factor could be an assault situation. If a person intentionally touches another person in an angry, insolent, or malicious manner, and as a result, the victim suffers bodily harm, the attacker would be charged with assault, as well as an aggravating factor because of the bodily harm they caused.

This would mean that their assault charge would increase from a low level misdemeanor to a higher level misdemeanor or even a felony. Other examples of criminal case elements that would be considered aggravating factors include assault against a law enforcement officer or firefighter, assault against a minor under the age of 14 years old, and the use of a deadly weapon or firearm.

Why You Need a Criminal Defense Lawyer and Not a Public Defender

Are you facing assault charges or aggravating factors in your criminal case? If so, do not accept a free public defender. If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more.

When facing aggravating factors and serious charges, you need a skilled and experienced Indianapolis Indiana criminal defense lawyer to build you a strong and impactful case against your suspected charges. A skilled private defense lawyer can help you avoid the maximum penalties for your charges including the most feared, jail time. Not only can jail cause you to lose time with your family and loved ones, but it also forces you to miss work, which can greatly jeopardize your employment and income.

It is in your best interest to avoid jail time when facing criminal charges and aggravating factors in Indiana. Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Consultations are free!

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Indianapolis Criminal Defense 317-636-7514
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How Your Lawyer Might Defend Your DUI Charges

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Being arrested and charged with a drunk driving offense is serious, whether you are guilty or not. A DUI conviction can drastically impact a person’s life, as well as their spouses, kids, and loved ones. For this reason, it is imperative that you seek immediate criminal defense counsel to build the best case against your drunk driving charges. A criminal defense attorney who is well-versed in drunk driving cases will know exactly how to defense your charges, and therefore, provide the best chance at reducing or dismissing them altogether.

How will your attorney defense your drunk driving charges? Continue reading to learn the top 4 most common and reliable defenses against DUI charges.

Indianapolis Indiana Drunk Driving Criminal Defense
Indianapolis Indiana Drunk Driving Criminal Defense 317-636-7514

DUI Charges and What They mean

Depending on the county you were arrested and, your charges may be referred to as a DUI (driving under the influence), OWI (operating while intoxicated), OUI (operating under the influence), or DWI (driving while intoxicated).  As you can see, these abbreviations are different, but they all represent the meaning of operating a motor vehicle while under the influence of drugs or alcohol, or any type of mind/muscle altering substance, such as prescription medications, sleep medications, cough syrups, and similar legal medicines.

Challenging DUI Charges

A criminal defense lawyer can use several approaches to defend the clients DUI charges. In most cases, they will challenge different aspects of the arrest, including the chemical and breath testing, the field sobriety testing, Miranda readings, and the lawfulness of the traffic stop.

▷ Your Miranda Rights

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them. If your arresting officer failed to read you your Miranda rights before placing you in custody, your criminal defense attorney will very likely use this law enforcement error as part of their defense to reduce or dismiss your DUI charges.

▷ Chemical and Breath Tests

Another, defense used by criminal defense attorneys in a DUI case will be to challenge the chemical testing and breathalyzer testing, whether done at the scene of the arrest or shortly after. Chemical test might include urine testing and blood testing, while breath tests typically refer to breathalyzers, which are devices that measure the blood alcohol content in your body. They might challenge the condition and functionality of the breathalyzer device, while also challenging the process, storage, and testing of any blood work done following the arrest.

▷ Field Sobriety Tests

criminal defense attorneys will likely also challenge the field sobriety testing that took place at the scene of the arrest. They will investigate whether or not the arresting officer was properly trained and sufficiently carried out the sobriety test, including the arresting officer’s justification for administering such testing to begin with.

▷ Validity of Traffic Stop

A criminal defense attorney will work hard to investigate whether or not the arresting officer had a reasonable and justified because to stop a driver in the first place. If the arresting officer is proven to have pulled a driver over without proper legal justification, a criminal defense attorney will use this law enforcement failure to reduce or even dismiss a defendant’s DUI charges.

Are you facing misdemeanor or felony drunk driving charges in Indiana right now? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis at the most economic prices around.

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Indianapolis Criminal Defense 317-636-7514
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How to Reduce Your Criminal Charges

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After being arrested, the reality soon sets in. No one wants to face serious consequences or legal penalties that go along with being charged with the crime, let alone be convicted of one. Because once convicted, a person tends to face a whole other set of challenges in life, like applying for jobs, entering the dating world, applying for loans, sending in college application forms, signing a lease of the landlord, and much more. A criminal record can impact all of these areas of life and more. As a result, most criminal defendants immediately look for ways that they can reduce, or better yet dismiss, the criminal charges they are facing.

If you are currently facing criminal charges and seek to reduce or dismiss them, continue reading to learn tips on how to do so and where to get started on your defense.

Criminal Defense and Appeals Indianapolis IN 317-636-7514
Criminal Defense and Appeals Indianapolis IN 317-636-7514

Plea Bargains and Plea Deals

Plea bargains and plea deals are the same. No matter what you choose to call them, plea bargains are a legal agreement that can truly help the outcome of your criminal case. A plea bargain is your number one method of reducing your criminal charges. Typically offered by the prosecution, but sometimes also the judge or presiding magistrate, plea deals are generally a common element of every criminal case. Most criminal defendants are offered some sort of plea bargain to reduce their criminal charges or subsequent penalties.

Plea Bargain – A deal made between prosecution and criminal defendant for the purpose of abating maximum penalties and subsequent legal consequences for the criminal conviction they face. Basically, each side gives up something to receive something in return.

How a Plea Deal Can Help You

A plea deal can help you in many ways. Most often, a plea deal involves the prosecution agreeing to not bring your case to trial, and therefore, not subject you to the fullest conviction for your charges. Although you make a deal to plead guilty for the criminal charges, your charges are lowered and you are granted leniency when it comes to the scheduled legal penalties for such charges, such as jail time, license suspension, probation, house arrest, fines, and more.

Has it been more than 3 years since you were charged with a Class D felony in Indiana? A new law has passed that may allow you to reduce this charge to a Class A misdemeanor. Contact an Indiana criminal appeals lawyer to determine your eligibility.

Not All Cases Involve Plea Deals

Keep in mind that plea deals are not offered in every single criminal case, as they must be approved by the court. For this reason, it is vital that you hire a private Indianapolis Indiana criminal lawyer to build a strong and impactful defense against your charges. They can either dismiss your criminal charges altogether, or get you the best plea deal possible.

Avoid the maximum penalties for your criminal charges by hiring a seasoned criminal defense attorney in Indiana. Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation, today.

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Can I Expunge My Adult Arrest Record in Indiana?

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Anyone with an arrest or criminal record can expect a few roadblocks along the road of life.  This is especially relevant to applying for a job, promotion, professional license, loan, or a residence to rent.  Landlords, supervisors, and managers commonly inquire about criminal histories to better understand the applicant and their capacity to either perform well on the job, pay back a loan, or responsibly take care of a home.

If a person has a criminal record on their personal and public record of any sort, including convictions and arrests, getting hired or approved for a rental is difficult and for some, even improbable. Fortunately, a new law has passed allowing past convicts or persons with criminal histories, to seal their adult criminal records from agencies and organization such as these.

Continue reading to learn more about how to expunge criminal records as an adult, including how to get started and who to trust for legal assistance.

Indiana Criminal Record Expungement Law Firm 317-636-7514
Indiana Criminal Record Expungement Law Firm 317-636-7514

Facts About Sealing Criminal Records for Adults

Criminal record expungement refers to the process in which a person hides or seals their past criminal convictions and arrests from public access. This means if a landlord or potential employer asks if you’ve been arrested and convicted of a crime, you can legally say no.  There are several details and stipulations that are involved with the expungement process, which is why a lawyer is highly recommended.

Not everyone is eligible for expungement so it is important to outsource professional legal assistance to facilitate the process exactly the way it should.  If a person qualifies for expungement but makes a single mistake during the filing process, they lose out on dealing their records and cannot ever file again. You only get one chance to seal adult criminal records.

Understanding State Eligibility Requirements

When it comes to criminal record expungement, there are rules and requirements that a person must have.  For example, depending on the type of charges, a person must wait at least five years from the date of conviction to even think about filing for record expungement.  For more serious crimes, a person must wait at least 8 to 10 years from the date of arrest. 

Also, not all records are eligible for expungement, such as kidnapping, rape, murder, etc.  It is important to hire a qualified and licensed attorney that specializes in criminal record expungement services.  Because this law is new, there are many amateur expungement services available; but be sure to choose a reputable law firm that genuinely understands the law and everything it entails.

Would you like trusted, professional legal help cleaning up your adult criminal record in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with an esteemed Indianapolis Indiana criminal record expungement lawyer, today. Services start as low as $850!

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Frequently Asked Questions About Welfare Fraud

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What is welfare? Welfare is a form of government assistance, and provides public relief and benefits to those in need. The government looks at age, income, financial status, disabilities, and other infirmities to verify if a person qualifies for welfare programs. Federal welfare programs are administered by the state, and paid for out of public reserves funded by tax revenues.

If you or someone you love was recently arrested or indicted on welfare fraud charges or disability fraud charges here in Indiana, you need to educate yourself on the facts and obtain legal assistance right away. Continue reading to review some of the most frequently asked questions about welfare fraud, including how to get started on protecting your rights and preserving your freedoms.

Indiana Welfare Fraud Lawyers 317-636-7514
Indiana Welfare Fraud Lawyers 317-636-7514

Welfare Fraud FAQS You Need to Know

Which Welfare Programs are Available?

Examples of welfare-related programs include Supplement Nutrition Assistance Program (SNAP), Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (social security), Medicaid, and more. These programs offer relief and benefits in the form of food stamps, cash, utility assistance, childcare, medical care, and more.

What is Welfare Fraud?

When a person takes advantage of these programs by filing false information in order to qualify for governmental assistance, it is called welfare fraud. And it is a serious theft crime. For example, a woman was sentenced to 8 years in a federal prison after being found guilty of welfare fraud. She used at least 7 different identities and claimed over 30 children, ultimately collecting over $200,000 in welfare checks and over $50,000 in food stamps!

What are Welfare Crimes?

Welfare fraud is a broad crime category containing many forms of welfare crimes. Disability fraud, social security fraud, and unemployment fraud all fall under welfare fraud. Criminals use false identities, claim non-existent dependents, and file documents with falsified information to qualify for government assistance programs.

What are Some Examples of Committing a Welfare Crime?

▷ False reporting of income or employment.
▷ Claiming fake dependents.
▷ Lying about number of occupants in home.
▷ Reporting that a parent does not live at the house when they do.
▷ Neglecting to obey terms of probation while on welfare assistance.
▷ Lying or hiding drug-related convictions or felony arrests on applications.
▷ Hiding or lying about personal assets.
▷ Using false identities to receive multiple benefits.
▷ Failing to disclose additional assistance programs being used.

What is Welfare Disability Fraud?

If you knowingly lie about your need for or entitlement to governmental assistance, or use your loved one’s government assistance knowing they lied to qualify, you are engaging in welfare/disability fraud. It is important to hire a seasoned criminal defense attorney to protect your rights and preserve your freedoms if you believe you may have committed welfare fraud. Making mistakes is part of being human; it is how you manage them that matters.

What Should I Do if I Was Just Arrested for Welfare Fraud in Indiana?

If you are under investigation for public assistance fraud, or have already been charged, it is vital to your future to call criminal defense attorney, David E. Lewis, for tough and aggressive representation. He will develop a strong and impactful defense based on your specific circumstance, challenge all the evidence brought against you, and resolve your case in a way that is the most favorable for you.

Ready to get started? Contact us directly at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense against your state or federal welfare fraud charges.

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Indianapolis Criminal Defense 317-636-7514
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Did Your Arresting Officer Violate Your Miranda Rights?

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If you are recently approached by law enforcement, or worse, arrested, you may be wondering about your Miranda rights. There are many misconceptions regarding Miranda warnings, one of the most common being that they must be read at every police interaction. Continue reading to learn whether or not your Miranda rights were violated, and what you should do if they were.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Learn Your Miranda Rights

As a result of the case, “Miranda versus the state of Arizona”, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights before police questioning or interrogation takes place. Miranda rights mostly have to do with the 5th and 6th Amendments under the United States Constitution.

Your 5th and 6th Amendment

The 5th amendment protects the right to due process and prohibits self-incrimination and double jeopardy. The 6th amendment guarantees the right to an attorney, and protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

THE TRADITIONAL MIRANDA WARNINGS:

▷ You have the right to remain silent.

▷ Anything you say or do can be used against you in a court of law.

▷ You have the right to consult an attorney before speaking to police, and have an attorney present during questioning now or in the future.

▷ If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

▷ If you decide to answer any questions now without a lawyer present, you still have the right to stop answering at any time until you talk to a lawyer.

▷ Knowing and understanding your rights as they’ve been explained to you, are you willing to answer any questions without an attorney present?

Your Pirtle Rights ► The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

What You Need To Know About Miranda Rights

The rules and regulations regarding Miranda warnings and what police officers must say to people under arrest differ among jurisdictions within the United States. It is important to understand that Miranda warnings are not meant for every police interaction, and may not always be read to a person. For instance, if the police officer citing you for a moving violation, they won’t be reading you any legal warnings.

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them.

Do you believe that the arresting officer failed to deliver Miranda warnings? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

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Indianapolis Criminal Defense 317-636-7514
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How to Determine if You Need to Hire a Criminal Attorney or Not

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Were you just arrested for an offense in Indiana, but you are not sure whether to hire or lawyer or not for your case? Are you thinking about opting for a public defender instead of hiring a private criminal attorney? If you aren’t sure if your criminal charges warrant the investment of a private lawyer, you are lucky to be in the right place at the right time. Regardless of how major or minor your recent criminal charges are, it is always recommended to hire a criminal defense lawyer to represent your case.

Continue below to learn why, and how to get started on building a strong and impactful defense against your Indiana criminal charges soon.

Indianapolis IN Criminal Defense Law Firm
Indianapolis IN Criminal Defense Law Firm 317-636-7514

Private Criminal Defense is Always the Best Option

The types of crimes a person can be charged with is seemingly endless, ranging from minor infractions like traffic tickets and citations, to major crimes like capital offenses. The penalties for these crimes vary in nature as well, and depend on a long list of factors. And the consequences for committing a crime can range from a minor fine to the death sentence.

But regardless of the scope and severity of a defendant’s charges, it is important to take them very seriously. Not only can a guilty plea hand down various penalties, but it can also spoil a person’s reputation and have life-long adverse effects on the quality of their life. For this reason and more, it is vital to hire an experienced criminal attorney if you are currently facing criminal charges. They have the knowledge and resources to build a strong and impactful defense to protect your rights and preserve your freedoms. They can help you pursue the best possible outcome to your case.

What a Criminal Attorney Will Do for You

Even for minor offenses, like traffic tickets, a criminal attorney can help you avoid the maximum fines and penalties associated with your infraction. They might even be able to fight the allegations and dismiss your case, such as a speeding ticket, or even prevent your drivers’ license from being suspended. They know how to find the facts and properly investigate allegations in order to fight your criminal charges. Reducing minor infractions is always wise because it can also protect you against increase insurance rates and more.

If your criminal charges are more serious, it is even more critical to your freedom and your future to retain professional legal counsel. Private legal counselors, unlike public defenders, have the time and the resources to dive into your case and put in the effort and focus it needs to have a successful outcome.

With private criminal defense, you are in better hands than none at all. It can mean the difference between extended jail time and no jail time. It can also increase the chances of reducing Level 6 Felonies to Class A or B misdemeanors. It all depends on who you choose to represent your case. Experience and testimonials are the greatest indications of quality and trust.

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Consults are free!

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Indianapolis Criminal Defense 317-636-7514
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Facts About Police Stops and Pat Downs

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When a police officer decides to pat you down or frisk you, are they within their rights in all cases? Are they allowed to stop and frisk at their own discretion? Without any merit? Continue below to learn what you need to know about cop stops and pat downs, including how to defend your criminal charges if you were just arrested after a similar police encounter.

Illegal Search and Seizure Criminal Lawyer Indianapolis Indiana 317-636-7514
Illegal Search and Seizure Criminal Lawyer Indianapolis Indiana 317-636-7514

Detention and Search

What’s commonly referred to as a stop and frisk is also known as a detention and search. Because of the Supreme court decision handed down in the Terry versus Ohio (1968) case, they are also called Terry stops or Terry frisks. No matter the moniker, this type of police encounter occurs when a cop decides that a person might be committing, or has recently just committed a crime and asks them to stop and answer some questions. This is the detention part, which is not the same as being under arrest (Fourth Amendment). As for the search, police officers will pat a person down to check for illegal drugs, weapons, contraband, or paraphernalia.

Police Officers Must Have Probable Cause

Cops are not permitted under law to stop just anyone they want at any time for no reason at all. Police officers must have probable cause to stop and question a person. To arrest them, they must have probable cause or a warrant. Probable cause can mean a lot of things, including evidence, witness statements, and suspicious behavior. This means that cops can find probable cause at their own discretion.

So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors. Upon being stopped by a police officer for reasons of suspicion, you can expect a pat down to follow, as this is normal procedure to check for threats or weapons.

If a cop detains a person without reasonable cause, the arrest and charges would be inadmissible in court.

Am I Free to Go or Not?

If a person is stopped by police for questioning, whether or not they are free to leave depends on the cop’s behavior and communication. If a cop is touching you, has their weapon out, or using a harsh tone of voice, then you are NOT free to leave. In these situations, you are being detained by police and cannot leave at your own discretion.

Confused? Don’t be. Typically, you will just feel it; you will know that you are or are not allowed to stop the conversation and walk away from a cop who is questioning you. If you ask the cop if you are free to leave and they answer yes, then you can end the discourse and walk away without repercussion.

Are you facing Indiana criminal charges after being stopped by a cop on the street? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive Indianapolis Indiana criminal defense you can afford.

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