Facts About Your Sixth Amendment Right to Counsel

Posted on February 23, 2021 by admin

In the United States Constitution, the first 10 amendments are known as the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, 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. When it comes to being appointed a lawyer pro bono, your 6^th amendment right will protect you if necessary. This is your right to an attorney. But the sixth amendment does not apply to everyone, nor any type of case.

Continue reading to learn what you need to know about your 6^th amendment right after being arrested for a crime in Indiana.

Indianapolis Indiana Criminal Defense 317-636-7514

6^th Amendment Gives You the Right to Counsel

Not everyone is given the right to a free attorney. This right only applies to criminal cases because jail time is on the table, and our Forefathers wanted everyone to have a chance at a fair trial when the stakes are so high. But not only does the 6th Amendment provide you the right to an attorney in a criminal case, but it also bestows the right to a “speedy and public” trial, 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. Even after a defendant has been convicted in criminal court, the 6^th amendment still gives them the right to an attorney for all subsequent sentencing hearings, motions, and appeals.

Sixth Amendment (1791)
“(…) the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

Although the 6^th amendment is generally applied in court during a criminal case, a defendant can also invoke their sixth amendment right if they are officially in custody, and have had their Miranda right’s read to them by police. Such questioning is known as a custodial interrogation, which basically means the person being interrogated is officially under arrest and in police custody. If you are wondering which U.S. amendments protect criminals’ rights, speak with an experienced defense lawyer for current information you can trust.

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Trust our legal professionals to help place you in the best position possible following an arrest, charge, or conviction. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

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

How to Request Early Termination of Probation in Indiana

Posted on February 16, 2021 by admin

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

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

Indianapolis Criminal Defense Probation Lawyer 317-636-7514

Early Termination of Probation

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

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

Indiana Requirements for Early Release From Probation

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

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

How to Get Off of Probation Early in Indiana

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

How to Reduce Your Super Bowl Sunday DUI Charges in Indianapolis

Posted on February 10, 2021 by admin

Many Hoosiers celebrated Super Bowl Sunday with great food, family, and friends. With such celebratory occasions, alcohol is bound to be an element, as many of us enjoy a few cold ones while we watch the game. But on such days designated for celebrating, over-consumption is a common occurrence, and can lead to drunk driving charges. In fact, the rate of alcohol-related injuries and arrests increase on big game days, and even more so on Super Bowl.

If you or your loved one was part of this statistic, and arrested this past Sunday for drunk driving, continue below to learn exactly what you need to do to avoid the maximum penalties under Indiana law, and how to get started.

Indianapolis Indiana DUI Lawyer 317-636-7514

Protect Your Rights After an Indiana DUI Arrest on Super Bowl Sunday

If you were arrested on Super Bowl Sunday for on DUI charges in Indianapolis, you have likely just recently posted your bail and settled in back at home. This is especially likely if you were arrested after mid-night, in which case your bail wouldn’t have been set until late Monday, Tuesday, or even early this morning. So, at this point in time you probably only interested in taking a shower and getting some sleep.

But once you have time to sort out your thoughts about the challenges you potentially face ahead you in regard to your DUI charges, try not to worry too much. All you have to focus on at this moment in time is hiring an aggressive and experienced Indianapolis criminal defense lawyer who has the ability to get your charges reduced or dismissed so that you may have a better chance at avoiding the maximum penalties for an Indiana drunk driving conviction, such as jail time and excruciating fines.

Standard Penalties for a DUI conviction in Indiana

► FIRST DUI – Class C Misdemeanor:

▻ Up to 1 Year in Jail
▻ Probation Up to 2 Years
▻ License Suspension Up to 2 Years
▻ Fines Up to $5,000

► SECOND DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2.5 Years
▻ License Suspension 6 Months – 2 Years
▻ Fines Up to $10,000

► THIRD DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2 Years
▻ License Suspension 1 – 10 Years
▻ Fines Up to $10,000

Additional Penalty Possibilities:

► Ankle Bracelet
► House Arrest
► Community Service
► Victim Impact Panels
► Drug/Alcohol Education
► Rehab
► Ignition Interlock Device (IID)

Keep in mind that OWI, DUI, & DWI are interchangeable terms, so they are all the same offense in Indiana. “DUI” stands for Driving Under the Influence, “DWI” stands for Driving While Intoxicated, and “OWI” stands for Operating While Intoxicated.

A DUI Lawyer in Indiana Who is Ready to Fight Your Drunk Driving Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense for DUI charges. When you need to avoid the maximum DUI penalties for your charges in Indiana, he is simply the best choice for reliable DUI defense! Our law firm offers free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Request a free consultation to discuss your type of DUI, over the phone, via online video conference, or in-person at our Indianapolis office.

Is a Private Criminal Defense Attorney Really Worth it?

Posted on February 3, 2021 by admin

Last week, we discussed all the reasons why you should not choose a public defender for your Indiana criminal case. The most important reason, however, is that a private criminal defense lawyer is the authority who can actually protect you against the worst possible outcome of your case. Choosing a crime lawyer with experience truly makes all the difference when it comes to your rights and your future.

Continue reading to learn why, and how to find a criminal defense attorney in Indianapolis who you can trust with your future and your freedom.

Indiana Criminal Defense Law Firm 317-636-7514

You Can Put Your Worries Aside After Being Criminally Charged

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own: How much will this cost me? Will I go to jail? For how long? How will this affect my job? My future? My permanent record? And this only creates more unknown, more anxiety, and more frustration. To find solace and security, you need an experienced criminal defense attorney in your corner that has the knowledge to answer your questions and the skills to protect your freedoms.

Don’t You Want to Avoid the Maximum Penalties for Your Charges?

The main objective of a criminal defense lawyer is to protect your rights and preserve your freedoms, but to also limit the number of damages for your charges. In short, they fight to reduce (or ideally dismiss) your charges and subsequent penalties in order to avoid the maximum penalties. Without a seasoned criminal lawyer, you don’t have a strong chance at obtaining a reduced or dismissed sentence. But this isn’t the only advantage of having an aggressive criminal defense team.

Retaining experienced criminal defense means you don’t have to put all your focus into your legal troubles. You can put your time and energy into your family, career, and all other important aspects of your life, while your attorney manages all the ‘day-to-day’, back-and-forth proceedings of your case. This feeling of security and comfort is truly helpful during a legal battle or criminal case.

It truly makes a difference, whether you are facing a minor infraction or a major felony. Not only are you protected, your family and reputation are protected as well. There is a lot at stake when you are facing criminal charges, so it is not wise to cut corners when it comes to building your defense. An aggressive and experienced criminal lawyer is the only viable solution to your legal troubles.

The Right Choice for Private Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

Should I Choose a Public Defender for My Indiana Criminal Case?

Posted on January 27, 2021 by admin

When faced with Indiana criminal charges, there is no room for error. It is vital that you instantly get to work building a strong and impactful defense that will protect your rights, preserve your freedoms, and most importantly, keep you out of jail. Not only can jail time negatively impact your family and home life, but it can also cost you your employment, which you will be needing to uphold your quality of living and caring for your family. Furthermore, certain freedoms can be forfeited, such as traveling, driving, or even leaving the home if you are ordered to wear an ankle bracelet for house arrest.

Basically, criminal charges are not a situation to take lightly, so it is wise to ensure you have responsible, full-time legal defense on your side. Your lawyer is the key to meeting all of these objectives and more, so your decision on who to hire can greatly influence the outcome of your case.

Continue reading to answer the question, “Should I choose a public defender for my Indiana criminal case to save some money?”, and where to learn more about how to beat your Indiana criminal charges.

Private Indiana Criminal Defense 317-636-7514

Public Defenders are Qualified Attorneys

It is true that public defenders are real, board-certified attorneys. It is also true that they are free of charge for criminal defendants. Instead, they earn their income through the government, who pays them to defend those who are not capable of retaining a private lawyer. Although it varies among jurisdictions, most often, the defendant themselves are responsible for proving their financial inadequacy for legal representation through tax documents and pay stubs.

Not Everyone Gets a Public Defense Offer

Most often, those who are offered public defense are those who are facing jail time for a misdemeanor or felony offense. For those who are facing minor criminal charges, such as Class C misdemeanors, infractions, and traffic violations, are not likely to be granted public defense. If your income level exceeds the jurisdiction’s cutoff for financial legal aid, then you will likely not be offered a public defender, or may be required to formally request one. It varies from county to county.

Public Defense is a Busy Job

Talk about having a lot of clients. Public defenders are notorious for being overloaded with criminal cases, and therefore, not able to devote a lot of time per defendant. This is extremely detrimental to the outcome of a defendant’s criminal case, since a private criminal defense law firm devotes all of their time to creating the strongest, most impenetrable defense against their client’s criminal charges. Although they know the court system and presiding judges well, they simply do not have the time to ensure your criminal case is viable.

When You Will Be Given the Option

You will be given the option of choosing a public defender usually at your arraignment (pre-trial court appearance) or at the preliminary hearing. Arraignments are held directly after a defendant’s arrest, while initial hearings are generally scheduled between 14 and 24 days, depending on whether the defendant is in jail or not. In some cases, a defendant is assigned a public defender at the arraignment, but then has the option to choose private defense if charges are actually filed against them.

Choose a Certified Criminal Defense Lawyer Who Can Beat Your Indiana Criminal Charges

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction in Indianapolis, or throughout the state of Indiana. Request a consultation, today.

Is it Possible to Get My Criminal Charges Reduced in Indiana?

Posted on January 19, 2021 by admin

After an arrest, your first thought is, “how much trouble am I in?” So, it is no surprise that one of the most common questions among criminal case defendants is, “can I get my charged reduced? Or better yet, dropped?” If you are wondering whether or not it is possible to get your criminal charges reduced in Indiana and avoid jail time completely, you are already on the right path. It is important to protect your rights and preserve your freedoms, and we will tell you what you need to know.

Continue below to learn about felonies and misdemeanors in Indiana, as well as their current sentencing schedules.

Indianapolis Indiana Criminal Defense 317-636-7514

Most Crimes are Classified as Misdemeanors and Felonies

Misdemeanors

Misdemeanors are not as serious as felonies, but they are still criminal offenses, nonetheless. Misdemeanors are categorized from Class A to Class C, with Class A being the most serious, and Class C being the least serious misdemeanor. Regardless of seriousness, they can all affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. Misdemeanors are punishable by up to 1 year in jail and up to $5,000 in fines.

Felonies

A felony is a serious crime because it is a federal crime, or crime against the federal law. Felonies come with harsher penalties as a result. If you are facing a felony conviction in Indiana, it is vital that you hire a private Indianapolis criminal defense lawyer to protect your rights and keep you out of jail. Felonies are categorized on a spectrum from least serious to most serious, from Level 6 Felonies to Level 1 felonies, and then murder at the very top as the highest felony, and in its own category.

Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 6 Felonies are typically called “wobblers” because they can often be reduced to a Class C Misdemeanor if the defendant has no priors. Level 1 and 2 felony crimes are the most serious levels, excluding murder.

How to Reduce Your Indiana Criminal Charges

If you are charged with a misdemeanor crimes or felony crimes in Indiana, it is vital to speak with an experienced and skilled Indianapolis criminal lawyer you can trust. Your next moves can drastically impact the overall outcome of your case, and the well-being of your future! Call Attorney David E. Lewis at 317-636-7514 to discuss the most effective legal strategies and defenses for your Indiana criminal case. We offer free consultations, so there is no out-of-pocket obligation to learn more about your charges and possible penalties. Schedule your consult over the phone, via video conference, or in-person at our Indiana criminal defense law firm

What if I Regret Entering a Guilty Plea?

Posted on January 13, 2021 by admin

We often say and do things that we regret. Even if in the moment we feel strongly about our decision, later on after it sinks in, the reality of your choices can hit you hard. Such is often the case with criminal defendant’s who plea guilty to their charges. Do these individuals have a chance to take back their plea if they later decide they don’t want to plea guilty?

Continue reading to learn more about appealing pleas in criminal court, and what you can do to ensure your defense protects you from losing your rights and your freedoms.

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

Granted Appeals

After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.

Denied Appeals

As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or “nolo contendere” pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.

Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones.

In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.

Need a Skilled and Aggressive Criminal Defense Lawyer in Indianapolis?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Is Marijuana Legal in Indiana Yet?

Posted on January 8, 2021 by admin

Anyone from the far past who steps foot into our current world might be shocked to see that recreational and medical marijuana usage has been legalized in so many areas of the world. But even though there are so many states in our very own U.S.A., the Hoosier state is not on board quite yet. Although there have been some lenient changes in some Indianapolis jurisdictions, namely Marion County, marijuana usage, possession, horticulture, distribution, and trafficking are all illegal. This means they also come with strict penalties that will reside within your permanent record, forever.

Continue below to learn the Indiana penalties for marijuana charges, and what you need to do to protect your rights after being arrested for a marijuana crime in Indianapolis.

Marijuana is Not Legal in Indianapolis, Nor Anywhere in Indiana.

The Possible Consequences of Violating Marijuana Laws in Indiana

Whether you call it weed, cannabis, pot, or ganja, marijuana is still illegal here in Indiana. If you are caught in possession or weed, or caught using, dealing, growing, or trafficking, you could face a wide scope of penalties, both on a state and federal level. Even juveniles under the age of 18 will be subjected to legal penalties if arrested or charged with marijuana. From joints, blunts, and pipes, to vape pens, edibles, and more, all forms of marijuana are illegal in our state. Furthermore, it is illegal to buy marijuana in Illinois, Chicago, or other state that has legalized recreational use, and bring it back to Indiana. The only exception to the Indiana marijuana rule is that very recently, Marion County granted legal leniency for minor marijuana offenses.

Common Marijuana Offenses include Possession, Possession w/Intent to Distribute, Manufacturing, and Trafficking / Dealing

Defendants Can Be Penalized Further if:

► Manufacturing Marijuana
► Priors for Dealing Drugs
► Dealing to a Minor
► Dealing to Someone 3 Years One’s Junior
► Possession of Firearm
► Crime Took Place in a Drug-Free Zone
► Crime Took Place in the Presence of Children
► Crime Took Place in on School Grounds or Within 500 Feet
► Crime Took Place in on or Within 500 Feet of a Park or School Bus

How Indiana Penalizes Marijuana Crimes:

►► Under 30 Grams: Class A Misdemeanor – Up to 1 Year in Jail – Up to $5,000 in Fines

►► Over 30 Grams: Level 6 Felony – Up to 3 Years in Prison – Up to $10,000 in Fines

Where to Find Aggressive Criminal Defense for Marijuana Charges in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana marijuana charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Call Attorney David E. Lewis and Start the New Year With a Clean Criminal Record

Posted on January 4, 2021 by admin

See if you qualify for Indiana criminal record expungement in 2021 by calling the Law Office of David E. Lewis Today! Act fast, before this law is repealed and your chance at a better future is lost forever!

Don’t Let the Choices of Your Past Hold You Down in 2021. Take Back Control of Your Life With Indiana’s Second Chance Law.

How to Expunge Criminal Records in 2021

Better job opportunities, better education, better housing, and more are all cases in which a poor criminal history can affect your quality of life. But that does not have to be your life this year! You might finally qualify for criminal record expungement in Indiana! Attorney David E. Lewis is your solution to cleaning up an inaccurate or long-past criminal record that has been holding you back ever since your initial arrest in Indiana.

Attorney David E. Lewis Will Ensure Your Petition is Filed Correctly

Attorney David E. Lewis is an aggressive criminal defense lawyer that offers professional assistance and counseling for those who wish to petition for criminal record expungement and record sealing in Indiana. The petitioning process is tedious and complex, so mistakes are common and simple to make. But you can only apply once in your life and one little mistake will get your application denied. He is your best chance at filing correctly so that you are not denied based on a simple clerical error or missed deadline.

Don’t Qualify Yet? Well You Might Next Year in 2022 or the Year After!

In the case that you do not qualify for criminal record expungement this year, there is no need to worry! You may still qualify to have your criminal and arrest records sealed instead of expunged. Or, you may just have to wait another year or two. It all depends on several eligibility factors. If you are unclear of the difference, then you are the same as thousands of fellow Hoosiers! Simply talk to Attorney David E. Lewis about your options for cleaning up your criminal record, and get started on a path towards opportunity and happiness!

Common Criminal Record Expungement Qualification Factors Include:

► Type of Arrest, Charge, or Conviction
► Severity of Conviction
► Time Passed Since Date of Arrest
► Your Current or Pending Legal Matters
► The Accuracy of Your Petition
► And More

Schedule a Free Criminal Record Expungement Consultation TODAY

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Does Someone Need Proof to Issue a Restraining Order Against Me?

Posted on December 30, 2020 by admin

Have you recently had some toxic relationship troubles? Or perhaps a person at work feels threatened by you? Maybe a family reunion over the holidays went bad at some point in the celebratory revelries? Regardless of the circumstances that got you here, facing a restraining order is not something anyone wants to deal with. Unfortunately, just about anyone can petition for a protective order against another person, so long as they have valid justification to do so. But what makes a restraining order request valid in the eyes of the law? Or at least the presiding judge?

Continue reading to learn more about restraining orders, including what is needed to officially put one into motion, and what to do if you violate one.

Indiana Restraining Order Violation Attorney 317-636-7514

Restraining Orders are Court-Ordered Documents

A restraining order is a court-ordered document that legally mandates a defendant (the person the order is against) to stay a specified distance away from the plaintiff (the person filing the order). In most cases, such orders are issued in situations of domestic violence or stalkers. However, they are often issued in legal matters regarding bullying, harassment, provocation, voyeurism, and similar threatening behaviors. It is against the law for a person named in a restraining order to violate any of the terms decreed.

The Process of Filing for a Restraining Order

The process of filing a restraining order is very similar to any other type of court filing process. You would go to the local courthouse, fill out the proper documents given to you by the clerk, and submit the paperwork as instructed. From there, a hearing will be scheduled in which you and the person named in the restraining order will be mandated to appear.

After delivering the facts of the case, the judge will decide if you have provided valid facts that justify granting you a restraining order against the defendant. At this same hearing, the defendant will also have the opportunity to tell their side of the story. If you are the one named in the order, it is vital to have a criminal defense lawyer represent you at this hearing.

Types of Proof

The person filing for a restraining order holds the burden of proving that they are indeed in some form of danger. They must provide facts to the judge that show the defendant is threatening and unwilling to stay away at the plaintiff’s repeated requests. Such proof might include text messages, emails, witness statements, photographs, surveillance video, police reports, and medical records. Word of mouth is not enough to convince a judge to grant a restraining order against a person.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) is basically the same thing as a standard restraining order, with the only real difference being time. Standard restraining orders, once granted, are kept active until the filer drops the order of protection. Temporary restraining orders are short-term, and only remain in effect for 15 to 20 days. They are mostly used in situations of domestic violence, as well as victims of verbal, emotional, and mental abuse.

Protective Orders Vs. Restraining Orders

Protective order is just another term for restraining order. The exact term used in court proceedings varies among jurisdictions, but they do mean the same thing. Here in Indiana, we use the term, protective order.

What to Do if You Violate a Protective Order in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how to protect yourself after violating a restraining order in Indianapolis, Indiana. Attorney David E. Lewis offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your potential or pending charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

6th Amendment Gives You the Right to Counsel