How to Clean up Your Criminal History in Indiana

Posted on July 15, 2019 by admin

Your past is in the past, but the same does not apply to your criminal record. If you were ever arrested, charged, or convicted of a crime or infraction in Indiana, including traffic offenses, your criminal report will showcase them. Worst of all, your criminal report is available to the public, which means everyone from your next door neighbor to your employer can look it up and see what kind of criminal history you have on record in the state.

Furthermore, this means that your criminal history affects several significant aspects of your life, professionally, financially, socially, and even in terms of housing. If you have criminal content on your personal record, it is in your best interest to see if you qualify for criminal record expungement or record sealing in Indiana.

Continue reading to learn more about these new Indiana Second Chance laws, including how to determine your eligibility and how to get started on a petition.

CRIMINAL RECORD EXPUNGEMENT

Expungement is the legal removal or elimination of criminal convictions and/or arrests from one’s permanent record. Only under certain circumstances does a person qualify to expunge criminal records. Records that are not eligible for expungement, however, may be eligible for criminal record sealing. Records that may be expunged include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more.

CRIMINAL RECORD SEALING

Criminal record sealing criminal records refers to the restriction of certain access. Once sealed, such records can only be viewed by particular authorities, such as criminal justice agencies, and at times, childcare agencies. Records that may be sealed with restricted access include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more. Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed.

Qualifications

Not all criminal charges and convictions are approved for expungement nor sealing in Indiana. Such offenses include murder, sex crimes, feticide, manslaughter, reckless homicide, human trafficking, assisting or causing suicide, transfer of contaminated bodily fluids, registered sex offender status, and inappropriate communication with a child or minor. If a person has any of these arrests, charges, or convictions on their record, they cannot qualify for expungement.

Warnings

The Indiana Second Chance Laws may not be active for much longer because they are highly opposed by many private organizations and in interest groups. This means they are subject to repeal in the near future. For this reason, be sure to act fast and take advantage of criminal record expungement in Indiana right now. Furthermore, the process is complex and very strict; just one minor filing error can get your application denied, and you can only apply for criminal record expungement ONE TIME in your life. If your application is denied, you cannot re-apply. . For this reason, you need to hire a licensed criminal defense lawyer who specializes in this area of law. They can make sure your petition is completed correctly, and on time.

How to Get Started on Your Petition

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about sealing or expunging your criminal records in Indiana. He is eager 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.

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

Learn More About Your Level 2 Felony Offense

Posted on July 10, 2019 by admin

Were you recently arrested in Indiana, and now facing Level 2 felony charges? If so, your most important priority is to retain the services of a skilled and aggressive criminal defense lawyer to protect you from the maximum penalties that are handed down for such offenses. Why is this so important? Because felony offenses are more serious, far more serious than misdemeanors.

Continue reading to learn what you need to know about your Indiana felony charges.

Felony Offenses and Penalties in Indiana

Formally known as a Class B Felony, a Level 2 felony offense is serious since it is the second highest felony a person can be charged with in Indiana. Felonies are crimes against the federal government, which is why they are also called federal offenses. Here are the current levels of punishment for felony crimes in Indiana:

Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder.

▶ Murder – Most Serious
▶ Level 1 Felony
▶ Level 2 Felony
▶ Level 3 Felony
▶ Level 4 Felony
▶ Level 5 Felony
▶ Level 6 Felony – Least Serious

Level 6 Felonies

Level 6 felonies are the least serious of them all. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 6 felonies are punishable by 6 months to 2 1/2 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

* Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors.

Level 5 Felonies

Level 5 felonies are a tad more serious, but still low on the spectrum You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 5 felonies are punishable by 1 to 6 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 4 Felonies

Level 4 felonies are the next level. Indiana criminal law. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5.5. Currently, Level 4 felonies are punishable by 2 to 12 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 3 Felonies

A Level 3 felonies are serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5(b). Currently, Level 3 felonies are punishable by 3 to 16 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 2 Felonies

Level 2 felonies are even more serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4.5. Currently, Level 2 felonies are punishable by 12 to 30 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 1 Felonies

A Level 1 felony comes right before the most serious crime of Murder. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4. Currently, Level 1 felonies are punishable by 20 to 40 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Murder

Murder is the most serious felony. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-3. Currently, Murder is punishable by 45 years to life in jail, as well as, the death penalty, fines up to $10,000, and court-ordered penalties.

How to Fight Your Indiana Felony Charge

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense for felony crimes in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Criminal Defense Tips for Being Interviewed as a Suspect

Posted on July 5, 2019 by admin

If you are suspected of being involved in a crime, and as a result, must cooperate with a detective interview, it is gravely important to know how to protect yourself from self-incrimination and more. Continue reading to learn some vital criminal defense tips you need to know before being interrogated or interviewed as a potential suspect in a crime.

Police Gimmicks and Ploys

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this ploy is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the gimmicks do not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

Always Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Aggressive Criminal Defense in Indiana

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 Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Posted on July 2, 2019 by admin

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

Peru City Police Department v. Martin

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

If you do not already have a licensed 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 is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

The Difference Between a No Contact and Protective Order

Posted on June 21, 2019 by admin

Many people assume that a No Contact Order is the same legal action as a Protective Order. The truth is, they are two different types of legal actions, yet very similar. Continue reading to learn the difference between the two, including the common Indiana penalties for violating such orders.

Protective Order Violation Criminal Defense — Protective Order Violation Lawyer 317-636-7514

Protective Orders

A protective order is a civil-based court order of protection that is signed by a judge, ordering a recognized “perpetrator”, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their “fear of imminent bodily injury” and how a legal order is the only way to put an immediate end to their danger.

The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones.

When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And in most cases, these orders stay in effect throughout the case and for as long as the defendant’s sentence. No contact orders can generally be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary.

Invasion of Privacy Charges

If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

☛ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)
☛ Phone contact (i.e. calls, voicemails, text messages, email, etc.)
☛ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)
☛ 3rd party contact (i.e. sending messages through mutual friends) |
☛ Social media contact (i.e. Twitter, Facebook, Gmail, apps, etc.)
☛ And More

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

Drunk driving charges and convictions can have all sorts of impacts on a person’ life. But what many do not recognize until much later is, such circumstances also affect family and loved ones. In fact, many defendants ask whether or not they can lose full or partial custodial rights if they are arrested, charged, or convicted of an intoxicated driving offense. Both mothers and fathers ask, “Will my kids be taken away?” “Will I lose visitation?” “Will my ability to regain custody be affected?”

If you are asking these same types of questions, whether for yourself or on behalf of a loved one, continue reading to learn what you need to know about DUI charges and child custody in Indiana.

Indianapolis Drunk Driving Attorney 317-636-7514

DUI Penalties

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. For instance, if a person has an unregistered gun or drugs in their possession at the time of the arrest, they will face more severe penalties than a standard 0.08BAC drunk driving arrest with no priors.

Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

⇾ 60 Days 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

⇾ 5 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 ½ Years
⇾ License Suspension 6 Months – 2 Years
⇾ Fines Up to $10,000

THIRD DUI – Level 6 Felony

⇾ 10 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension 1 – 10 Years
⇾ Fines Up to $10,000

DUI Crimes and Child Custody

When you are contesting, requesting, or negotiating for child custody in court, you must demonstrate to the judge that giving you rights to child custody, in any aspect, is in the best interest of the child. Therefore, if you have multiple arrests and DUI convictions, it is possible that a judge would not be willing to grant full or partial custody, but rather, supervised visitation or similar setup. On the other hand, if you were convicted of your first DUI, and you have no criminal priors, a judge may be willing to overlook it if you can further demonstrate that you are living a healthy and responsible lifestyle.

Hire an Aggressive DUI Lawyer for Help

The best way to ensure your custodial rights are protected and preserved after being arrested for a drunk driving offense is to retain professional criminal defense representation. But not just any lawyer will do; you need an aggressive attorney who is well-versed and seasoned with DUI cases, and knows exactly how to build a defense to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI defense attorney, David E. Lewis, 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 criminal charges.

What You Need to Know About Immunity in a Criminal Case

Posted on June 4, 2019 by admin

As a defendant in a criminal case, you should be fully aware of your 5^th amendment right, which protects you from self-incrimination. Neither courts nor law enforcement can force you to give up incriminating information about yourself, as well as, information that can lead to the discovery of incriminating evidence. This is your constitutional right as a U.S. citizen. Often times, this right is coupled with a common judicial practice known as immunity. Basically, if you are willing to cooperate and give up vital information that can help a legal case, you may be granted immunity from the maximum penalties for your part in the crime.

Continue reading to learn what you need to know about immunity, including the various types, relinquishment, and who to turn for trustworthy legal advice about testifying in court.

What is Immunity?

Legaldictionary.com defines Immunity in a criminal case as, “an exemption from criminal prosecution, or punishment on certain conditions.” So, if a person is suspected of a crime, the prosecutor might grant them immunity in exchange for information about related criminal activity, or to testify against someone in court. Overall, immunity in a criminal case is used to help prosecution obtain information about criminal activity.

Two Kinds of Immunity

There are two primary types of immunity grants used in judicial law: transactional immunity and use/derivative use immunity. Transactional immunity protects defendants from being charged in the future for the crimes they are currently suspected of or testifying about. What makes this approach interesting is that it is not recognized by federal law, yet many state laws permit transactional immunity.

Use and derivative use immunity is very similar to the foundation of transactional immunity, but with a much higher level of restrictions. If a person is granted this type of immunity, prosecution cannot use any of their statements, or any evidence exposed by their statements, against them. For this reason, it is typically offered more often by prosecutors than transactional immunity.

Waiving Immunity

Another interesting fact about immunity in a criminal case is that a defendant can relinquish their rights to immunity at any time. If they do so, prosecution can legally bring about criminal charges against them for any statements they made, or any evidence that was founded as a result of their statements.

Who to Talk to For Trusted Criminal Defense Advice

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

FAQS About Workplace Discrimination

Posted on May 29, 2019 by admin

Discrimination is against the law, therefore, it is a crime. When it comes to your job, the law protects you against such injustice, as your workplace should be a safe place, both physically and mentally. If you suspect that you are experiencing any form of discrimination or harassment amid your coworkers or superiors, it is important to educate yourself on your legal rights of action.

Continue reading to review some of the most frequently asked questions about workplace discrimination, including what you should do if you are charged with this crime.

What is Workplace Harassment and Discrimination?

Any person who is refused employment, paid less, given separate rules and conditions, demoted, bullied, or fired due to the following is considered a victim of workplace discrimination and/or harassment:

✔ Age
✔ Race, Color, Ethnicity, and National Origin
✔ Religion
✔ Gender and Gender Identity
✔ Genetic Information
✔ Sexual Orientation
✔ Familial and Marital Status
✔ Pregnancy
✔ Disability and Handicaps
✔ Recipient of Public or Governmental Assistance
✔ Membership of Local Human Rights Commission

What are Examples of Workplace Harassment and Discrimination?

Now with a basic understanding of what workplace discrimination and harassment is, you can imagine what it might look like in a real setting. The possible circumstances of discrimination and harassment in the workplace are vast, and can come in many forms. Victims can range from men and women, to mangers and superiors themselves. Here are some detailed examples of what discrimination and harassment look like at work:

⇉ You are called racial slurs and derogatory names by your fellow employees regarding your ethnic background or appearance.

⇉ You are refused a promotion due to being pregnant.

⇉ Your superior makes sexual comments or asks you on a date, and threaten to demote or fire you if you do not comply.

⇉ Your manager scolds you and insults you regularly for not being able to speak fluent English.

⇉ You are demoted or fired for being too old, even though you have worked for the company for several years and still qualified for the position.

⇉ You ask your superior to use an empty office during your breaks for prayer time, but they refuse, even though they allow all the other employees to use it for their breaks.

Will I Be Fired or Reprimanded for Filing a Complaint at Work?

The solid answer to this question is, “NO.” You cannot get in any type of trouble for filing a harassment or discrimination complaint at work. It is against the law for employers to reprimand or mistreat any employee who does so. In fact, if you are penalized or fired for filing such a complaint, you may have legal grounds to sue.

What Can I Do if I am Being Discriminated or Harassed at Work?

If you suspect that you are a victim of workplace discrimination or harassment, start by keeping a journal. Write down the dates, times, comments, and detailed descriptions of every situation that does not feel appropriate to you. From there, you should make a report within your company regarding the discrimination or harassment.

What if My Company Does Not Help or Reprimands Me?

If you receive no help from your company, or worse, get reprimanded or further discriminated against as a result of filing a complaint, it is important to discuss your case with a seasoned Indianapolis criminal defense lawyer who can help you understand the terms surrounding your case. They have the knowledge and resources to carefully evaluate the unique circumstances of your case and recommend viable options for litigation.

What if I am Charged With Workplace Discrimination?

If you are charged with the crime of workplace discrimination, whether as an employee or employer, it is vital that you seek legal guidance as soon as possible. Talk to an Indianapolis criminal defense attorney who can help you build a strong and impactful defense to protect you against the maximum penalties for your criminal charges. In most cases, such crimes are entered into civil court, rather than criminal court, which means you will likely face a load of fines and ordered to pay recompense to the victims.

Get Started With a Free Consultation

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with a skilled Indianapolis criminal defense lawyer and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

Critical Questions and Answers About Indiana Criminal Charges

Posted on May 24, 2019 by admin

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

Here’s What You Can Do to Improve Your Criminal Case

Posted on May 20, 2019 by admin

Your criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges. For this reason, it is vital, for both protecting your rights and preserving your freedoms, to hire a seasoned and qualified attorney to build your defense. However, the fate of your legal proceedings are not entirely reliant on your lawyer; there are things you can do as well to help improve the outcome of your case.

Continue reading to learn what you can do to help your own criminal case, including who to trust to build you a strong and impactful defense to avoid the maximum penalties for your charges.

Indiana Criminal Defense Law Firm 317-636-7514

If you are facing criminal charges in Indiana, your fate is mostly in the hands of the state prosecutor’s office since they have complete discretion over giving you a plea deal, and what goes into the agreement altogether. This is another reason why you must choose a seasoned and qualified lawyer for your defense; they are likely to have longstanding relationships with the local prosecution and magistrate community.

When it comes to prosecution giving you a plea deal, there are various factors that influence their decision. Such factors include criminal history, behavioral conduct with law enforcement, substance abuse, severity of crime and whether or not it involved bodily harm to another person, and more. It may seem like there is nothing you can do to alter their decision-making process, but that is not true.

Here are two things you can do that might help your case:

❶ Create a Sentencing Memorandum

Your criminal defense lawyer can draft a document referred to as a “sentencing memorandum”, which basically illustrates an accurate depiction of your life and who you are as a person. Topics to include in this document include your employment, level of education, goals, contribution to the local community, explanation of your criminal history, reason for committing the alleged crime, conduct since the arrest, role as a partner, spouse, parent, or legal guardian, and similar personal details about your life. This document can show the prosecution that you are not defined by your alleged crime, nor a threat to your community.

❷ Gather Character Reference Letters

Another great way to improve the outcome of your criminal case is to gather a collection of character reference letters from important members of your family, friends, co-workers, employers, and local community. These letters should be written by those you trust to be honest, yet supportive of your reputation. Examples of people to ask for character reference letters include employers, teachers, professors, mentors, friends, children, and even religious leaders. Within these letters, you would need to also include forms of verification, such as employment records, school transcripts, college acceptance letters, certificates and awards, attendance logs, doctors’ letters, and more.