Category Archives: Criminal Law

Frequently Asked Questions About Welfare Fraud

Posted on by

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.

You Should Also Read:

What Constitutes Credit Card Fraud?
What is Bankruptcy Fraud?
Choose David E. Lewis, Attorney at Law, to Fight Fraud Charges in Indiana

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

Did Your Arresting Officer Violate Your Miranda Rights?

Posted on by

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.

You Should Also Like:

Understanding Your Miranda Rights
Can I Tape Record an On-Duty Police Officer?
What are My Constitutional Rights After Being Arrested?

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

How to Determine if You Need to Hire a Criminal Attorney or Not

Posted on by

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!

You Might Also Read:

4 Reasons to Fire Your Lawyer and Hire a New One
Should I Waive My Right to a Lawyer if I Know I’ll Be Found Guilty?
What Can a Criminal Lawyer Do That a Public Defender Can’t?

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

Facts About Police Stops and Pat Downs

Posted on by

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.

You Might Also Like:

Examples of Unlawful Search and Seizures
Do I Have to Consent to a K9 Sniff Search?
Is it Illegal to Insult a Cop?

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

What to Do if You are Facing Felony Assault Charges in Indiana

Posted on by

If you are facing felony assault and/or battery charges in Indiana, there is no time to waste. You must get started on your defense as soon as possible if you want a chance at avoiding the maximum penalties, including jail time. Continue reading to learn what to do and how to protect yourself after being arrested or indicted on felony assault charges in Indiana.

Indianapolis IN Assault and Battery Lawyers
Indianapolis IN Assault and Battery Lawyers 317-636-7514

What is Assault and Battery?

The crime of Assault and battery is considered a violent criminality in our state. “Assault” denotes the threat of violence, whereas “battery” refers to “offensive, angry, or insolent” physical contact. Both are highly reprimanded crimes in Indiana, and those convicted could face serious life-long consequences.

Assault and Battery Charges in Indiana

If you are currently dealing with assault and battery charges, time is not on your side. It is crucial to take immediate action and hire professional legal counsel since the side of prosecution is already building their case against you. For this reason and many more, it is vital to hire an Indianapolis criminal defense law firm as soon as possible to protect your rights and preserve your freedoms. Because such charges are so serious, and come with a harsher level of penalties, it is necessary to invest in private criminal defense. It is not wise to take a public defender if you are facing a felony conviction.

Who to Trust for Indiana Criminal Defense for Assault Charges

David E. Lewis, Attorney at Law, is the tough and aggressive assault and battery attorney you need to protect your future and get you the fairest possible outcome for your case. You can trust him to defend your rights and guide you through the Indiana criminal process, all while keeping your personal best interests in mind. His years of experience and heightened knowledge of criminal law will be your primary defense weapon against over-penalization and jail time.

Ready to get your defense started? Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free case evaluation to discuss possible defenses for your felony crimes assault and battery charges in Indiana.

You Should Also Read:

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana
Information About State Felony Appeals and Criminal Defense
How Can I Get a Job if I Have a Felony?

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

Indiana Laws Regarding Knives and Blades

Posted on by

Whether you’re a hunter, Boy Scout, fisherman, or simply a weapon enthusiast, it is important for you to understand the laws surrounding knife ownership, concealment, and possession here in Indiana. Regardless of our Second Amendment rights, one can still be in violation of these laws, even without knowing it.

Continue reading to review the top Indiana laws regarding knives and blades, and who to call if you were recently charged with the knife offense.

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

Knife Laws in Indiana

There are various laws that regulate the ownership and possession of knives and blades in Indiana. Everything from how long the blade is allowed to be to where you’re allowed to carry it, and everything in between, knife laws are very serious in our state. If you are caught in violation of any knife laws, you could face certain penalties, such as fines and repossessions, or perhaps even criminal charges if the offense is particularly serious. Some knife violations are actually felony offenses, which can lead to jail time and much more.

Here are the knife facts you need to know in Indiana:

Switch Blades

A switchblade knife is a knife that has a button on the handle, and when you push it, the knife opens up with the spring action. Here in Indiana, switchblade used to be legal, until 2013 when they were allowed to be sold and possessed once again.

Knife Concealment and Length

Although some states have laws regulating how long blades are allowed to be an laws that require concealment when carrying a knife, Indiana does not have any laws like this. You are not legally required to conceal your knife when carrying it in public, nor are you limited to how long you want your blade. Many knife enthusiasts here in Indiana alone machetes, swords, and similar collectible pieces, and it’s perfectly legal.

Concealment Exceptions in Indiana

Although you don’t have to have your knife concealed or partially concealed when clipped to your belt or pants, there are some exceptions to this leniency. You are not allowed to carry or reveal a knife on school property, school buses, nor in airports, courthouses, or any of the places where it states that it’s strictly prohibited. Under Indiana Code 35-47-5-2.5, violating these laws would be a Class B misdemeanor.

Reckless Behavior and Violent Crimes

Here in Indiana, use of an edged weapon of any kind in a way that is violent, aggressive, or threatening is illegal and a felony.

Detachable Blades

Knives with detachable blades also have strict regulations. According to Indiana Code 35-47-5-2, you cannot display, possess, manufacture, or sell knives with detachable blades. The charge for this offense would be a Class B misdemeanor.

Chinese Throwing Stars

Chinese throwing stars are illegal in Indiana. You cannot own, sell, or manufacture Chinese throwing stars in our state, nor any weapon with blades placed at different angles. The penalty is a Class C misdemeanor. Indiana Code 35-47-5-12

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for superior Indianapolis IN criminal defense that will reduce or dismiss your criminal charges, and avoid jail time. We offer free initial consultations.

You Should Read:

Brief Explanation of Indiana Gun Laws
Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?
Are You Innocent of a Recent Criminal Charge in Indiana?

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

What are My Constitutional Rights After Being Arrested?

Posted on by

Whether guilty or innocent, your constitutional rights should be your top priority after experiencing an arrest. This applies whether you are physically arrested on the spot or have just received notice of an arrest warrant. Continue reading to learn exactly what your constitutional rights are during the criminal justice process, and how to find skilled and aggressive criminal defense in Indiana.

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

Constitutional Rights and Amendments

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. They include the 4th Amendment, 5th Amendment, 6th Amendment, 8th Amendment, and 14th Amendment.

The 4th Amendment

This amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as decrees the limitations and requirements for search warrants.

The 5th Amendment

The 5th amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves: “nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment

This amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

8th Amendment

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime. “(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

14th Amendment

The 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. “…nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Do you want to avoid the maximum penalties and jail time for your current or pending criminal charges? 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.

You Should Also Read:

What are My Rights at Trial?
Which U.S. Amendments Protect Criminals’ Rights?
Understanding Your Miranda Rights

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

Does Your Indiana Criminal Defense Case Involve Aggravating Factors?

Posted on by

What are aggravating factors? If you were recently arrested in Indiana, and your criminal charges involve aggravating factors, you need to read this. Continue below to learn what you want to know about your aggravating factors, including what they mean, how they can impact your ultimate judgement, and how you can build a strong and impactful defense against them.

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

Aggravating Factors

Aggravating factors are specific facts and elements involved in your alleged offense that can make your criminal charge more serious. Ultimately, if the judge or jury finds that your criminal charges do in fact involve aggravating factors, your sentence and subsequent penalties will be harsher than if your case did not involve aggravating factors. Here’s an example: Jeff was arrested for selling drugs. The location in which he was caught by law enforcement trafficking illegal drugs was within 50 yards of an elementary school. Because his offense took place within close proximity to the school, this element would be considered an aggravating factor.

In another example, if a person were to commit the crime of assault and battery against a person, Indiana statutes would penalize them with a Class B misdemeanor. However, if their offense caused the opposing party bodily harm, it would be considered an aggravating factor to the case, and their criminal charges would be increased to a Class A misdemeanor. In the same example, if the offender used a weapon against the victim, such as a baseball bat or even a beer bottle, it would be considered another aggravating factor, so the criminal charges would be increased to a Class C felony.

Mitigating Factors

Do not confuse aggravating factors with mitigating factors. Mitigating factors, also known as extenuating circumstances, are the opposite of aggravating factors because instead of increasing the severity of the charge, they reduce it or suggest the opportunity for leniency. For example, if a person is arrested shoplifting at a store to satisfy a substance abuse addiction, their criminal charges might be reduced if they agree to alternative forms of sentencing such as drug rehabilitation. This element would be considered a mitigating factor to their case.

Are you facing aggravating factors in your current or pending criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal defense lawyer who cares about your freedoms.

You Might Also Enjoy:

The Difference Between Aggravating and Mitigating Factors
Factors That Affect Jail Sentences
How Your Sentence Will Be Determined as a Defendant Facing Criminal Charges

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

Read This if You Were Arrested But Not Convicted in Indiana

Posted on by

Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

You Might Also Like:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Indiana Will Now Let You Expunge Protection Orders

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

What You Need to Know About Receiving a Notice of Deposition

Posted on by

Did you just receive a notice of deposition in the mail, and you have no idea what it means or what you should do next? If so, you are just like millions of other deponents who have stood where you are standing now. There is no shame in being confused or scared about your obligation to fulfill your deposition duties. By preparing yourself ahead of time, which involves understanding what to expect and how to cooperate, you can ease the anxiety you might feel about being a testifier in a criminal court case, plus ensure a successful experience.

Continue below to learn what you need to know about receiving a Notice of Deposition, and where to find trusted criminal lawyer advice in Indianapolis, Indiana.

Indianapolis Criminal Trial Lawyer
Indianapolis Criminal Trial Lawyer 317-636-7514

Why Did You Get a Notice of Deposition?

There are a few different reasons why courts use Notices of Depositions. The most likely reasons why you have received one is because the courts want to know what you know, and/or preserve your testimony for use later on, either for the actual trial or when motions are filed with the court. The authority who sent you the Notice of Deposition wants your official testimony because they think it will help prove their case. Even if you are not a party to the case, the Indiana Rules of Trial Procedure makes it legal for the parties involved to call upon the testimony of any person within 20 days of the commencement of the case.

How to Prepare for Being Deposed

You will be asked a series of questions, and expect to answer them clearly and in detail. So, prepare mentally for this interrogation-like setting. To best prepare, you should hire a defense lawyer to help you understand what to expect and how to behave during your deposition. Furthermore, they can defend you in the case that you are wrongly targeted or cornered into doing something you are not comfortable doing.

Here are some additional tips for a successful deposition:

⚖ Be Entirely Honest. Prior to giving your testimony, you will be sworn in under oath. For this reason, you do not want to lie or embellish about anything, as you could be found guilty of perjury, which comes with a lengthy punishment sheet. Be truthful with your answers, and simply answer, “I am not sure” if you do not know the answer.

⚖ Take Your Time Answering. Do not just blurt out your answers off the top of your head. The written court transcript does not show time lapses between the question and the given answer, so you can take as much time as you need. Think carefully about your answer, and do not use “uh-huh’s” and short, one-word answers. Be throughout.

⚖ Only Answer the Given Question. You do not want to offer more information than what was asked of you. Do not volunteer extra information; only answer the question that was asked. Furthermore, only answer what you actually know. Do not try to fill-in pieces of information, no matter how arbitrary or unimportant it might seem to you. Be clear, honest, and precise with your answers.

Are you looking for a trusted criminal lawyer for help with your deposition or legal case? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation with an aggressive Indianapolis criminal defense lawyer who can defend you against wrongful prosecution.

You Should Also Read:

The Importance of Witness Depositions in a Criminal Case
The Top Three Rules for Testifying in Court
Can a Child Be a Witness in a Criminal Case?

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